Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 13, 1975 and adjourned Tuesday, March 25, 1975, volume II

Compiler's Note
The Journal of the House of Representatives regular and extraordinary session of 1975 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 13, 1975 through March 12, 1975. Volume II contains March 13, 1975 through March 25, 1975 regular session and June 23, 1975 through July 3, 1975 extraordinary session, the committee reports, and the complete index.

JOURNAL
OP THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 13, 1975 and adjourned Tuesday, March 25, 1975
VOLUME I.I
1975 Atlanta, Ga.

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
1975
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
AMELIA SMITH ...._.___.._.________..__.___.Assistant Clerk
FULTON COUNTY
ELMORE C. THRASH ________________.___-_..Messenger
LOWNDES COUNTY
MARION TOMS ------------_--------------_._--------------.-Doorkeeper
QUITMAN COUNTY

THURSDAY, MARCH 13, 1975

2917

Representative Hall, Atlanta, Georgia Thursday, March 13, 1975

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

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

Adams, G. D. Adams, John Adams, Marvin Bailey Bargeron Battle Baugh Beck Beckham Berry Bolster Bowman Bray Burruss Burton Calhoun Carnes Carr Carrell Carter Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman Collins Colwell Connell Cooper Cox Crawford Culpepper Da vis Dent Dixon Dover Edwards, C. W.
Egan Elliott

Evans, W. D. Felton Foster, P. W. Foster, R. L. Gammage Gignilliat Glanton Glover Greer Ham Hamilton Harden Harris, B. B. Harris, J. F. Harrison Hatcher Hawkins Hays Hill, B. L. Hill, G. Holmes Howard Howell Hudson Hutchinson Irvin, J. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore King Knight Kreeger Lambert
Lane, Dick Larsen, W. W. Lee

Leggett Leonard Linder Logan Long
Lucas Mann Marcus Matthews, C. Matthews, D. R. McDonald McKinney Miles Milford Mostiler Mullinax Nes smith Nix Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L, Peters Phillips, L. L. Phillips, R. T. Phillips, W. R. Rainey Randall Ray Reaves Richardson Ross Rush Russell, J. Russell, W. B. Sams Shanahan Sheats Sigman

2918
Sizemore Smith, J. R. Smyre Snow Stone Sweat Taggart Thompson Tolbert

JOURNAL OF THE HOUSE,

Toles Townsend Triplett Tucker Twiggs Vaughn Waddle Walker Wall

Ware Watson West White Whitmire Williamson Wilson Wood Mr. Speaker

Those not answering to their names were Representatives:

Alexander Banks Blackshear Brown Buck Carlisle Daugherty Dean

Edwards, W. Evans, B. Fraser Harris, J. G. Horton Irvin, R. Lane, W. J. Larsen, G. K.

McCollum Petro Pinkston Scott Smith, V. B. Thomason Wheeler Williams

The following devotion and prayer were offered by the Reverend L. G. Gilstrap, Pastor, First Assembly of God, Murrayville, Georgia and Journal Clerk of the House of Representatives:
Thank you, Mr. Speaker--Ladies and Gentlemen:
There is a little missionary friend of ours who lives in the Arizona basin of the Desert Southwest in a little mining town forsaken by almost everyone but God and Uncle Sam. She has a tree. Or at least she says it's a tree. It is her pride and joy and she talks to it, loves it and gives it every drop of water she can spare. To me, surrounded by mountain spruce and massive oaks, it's not a tree. It looks more like a Bahamian pigeon pea bush . . . but I guess, when you're in the desert and there are no trees, even a bush becomes a tree. When you're in the blackness of a storm, you welcome and bless the lightning you would otherwise curse. And who will condemn the drowning man for grasping at the proverbial straw?
In this age of crises, inflation, recession, depression and fear--there's got to be an answer--an answer that will provide love in a world of hate --peace in a world of war and contentment in a world of unrest. There is an answer.
Having listened to half a thousand opening messages on this very platform, I know you have been preached to, prayed for and talked at. I come today--not to condemn you for your mistakes or praise you for your virtues; not to castigate you for your failures or applaud you for your victories for perhaps we would all do well to remember the words of St. Francis de Salles who said "There is no greatness like humility and nothing so humble as true greatness". I come rather today to share with you a little gem from God's great treasure chest, the Holy Bible. And whether you are Catholic or Protestant, Jew or atheist, there'll come

THURSDAY, MARCH 13, 1975

2919

times of testing--and searching--and crying for none of us is immune from frustrations, death, criticism or disasters. My little daughter, whom I will give in marriage tomorrow once said to me, "Daddy, do you know what the most beautiful verse in the Bible is?" I was frankly surprised that she who had been raised on a diet of spiritual pablum had a favorite, but she went on to say "It's in Psalms, chapter 30, verse 5--Weeping may endure for a night, but joy cometh in the morning".
This is my contribution to your Spiritual well-being today. Tears are not forever. Disaster is not continuous and death is not eternal. Weeping may endure for a night but joy cometh in the morning.

Let us pray.

Our eternal and loving Father:

This prayer I offer today especially for these my friends whom I have the pleasure of serving and with whom I have the pleasure of sharing so much. Perhaps no other segment of our society is more loved or loathed; praised or persecuted; congratulated or condemned than these Representa tives into whose hands the awesome responsibility of shaping the future of our State is entrusted. Now, O Lord, these ladies and gentlemen are tired--tired from days too long; loads too heavy; friends too few; and responsibilities so overwhelming. Give them strength to do their jobs. Give them knowledge to be good citizens and most importantly give them grace to be individuals, in the fear of God, who can weep--and laugh-- and love.
In Jesus' Name,
AMEN

Representative Nessmith of the 82nd, 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.

2920

JOURNAL OF THE HOUSE,

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

HOUSE RULES CALENDAR

Thursday, March 13, 1975

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Thursday, March 13, 1975, and submits the following:

HB

235. Commission on the Metro Atlanta Region

HB

257. Peace Officers Ann., Fines and Bonds

HB

284. State Auditor, Salary & Expenses

HB

285. Land Sales Act & U. S. Dept. Housing & Urban Dev.

HB

348. Dental Hygienists, Minimum Age For Qualification

HB

351. Junior College Act, Payment

HB

381. Georgia Agrirama Authority, Exempt Certain Taxes

HB

401. Shopping Carts; Unlawful to Remove, Steal, Etc.

HB

414. Alcoholic Beverages, Quantity Possessed (Reconsidered)

HB

429. Community Action Agencies; Continue

HB

452. Arrests Warrants; Degree of Force

HB

483. Officers & Employees; Selling to Governments

HB

498. Nomination Petitions, Change Provisions

HB

572. Law Officers; Civil Liability

HB

598. Speech Pathology and Audio License Granted

HB

670. Registration of Geologists; Provide

HB

721. Air Quality Control; Economic Cost; Public Health

HB

732. Crime Information Center; Governor Chairman of Advisory

HB

752. Ambulance Service; To be Insured for Licensing

HB

758. State Deposits; Secure and Guarantee; Fed. Sav. & Loan Ins.

Corp.

HB

777. Director of Corrections; Unlawful to Contact for Inmate

HB

778. Motor Vehicles; Ad Valorem Tax in a Dealer's Inventory

HB

783. Dept. of Revenue; Secrecy Required of Officials

HB

791. APEG; Make Certain Technical Corrections

HB

847. Professional Sanitarians; Educational Requirements

THURSDAY, MARCH 13, 1975

2921

HB

890. Flue-Cured Tobacco; Storage and Sale

HB

937. Contraband Wildlife; Disposing of

HB

939. Game & Pish License; Persons allow Inspection

HB

941. Garnishment, Prejudgment Garnishment

HB

945. Tax Assessing Authorities; Certain Cities

HB

973. Marriage License; Driver's License Use as Proof of Age

HB 1000. Land Jurisdiction Acquired by U. S. Government

HB 1103. Casualty Insurance, Mandatory Agreements

HB 1137. Firearms; Unlawful to Fire or Discharge on Sunday

HR 78- 325. Supreme Court and Court of Appeals, Jurisdictions

HR 151- 655. Fulton County; Convey Property

HR 159- 701. Parolees; Loans of $500 by Board of Offender Rehab.

HR 169- 829. Convey Property, Gwinnett County

HR 172- 836. Convey Property, Walker County

HR 197- 850. Atlanta Cyclorama; Need of Certain Repairs

HR 207- 883. Disaster Relief Act; Cities & Counties May Obtain

HR 228- 910. Metropolitan Atlanta Expressway System

HR 299-1092. Winder, City of; City Waste Treatment Facility

HR 303-1121. State Owned Property Easement, City of Winder

SB

9. Retirement Pension Bills; Attach Fiscal Note

SB

31. Drugs; Distribution by Manufacturer's Rep.

SB

72. Marriage & Family Counselor, Lie. Board

SB

105. Fair Market Value; Determining

SB

118. Disabled Veterans, Free Auto Tags

SB

141. Campaign Financing Disclosure Act; Amend

SB

145. Financial Institutions Code; Clarify

SB

205. Persons Sentences, Certain Grounds Waived

SB

211. Groveland Lake Development Authority, Create

SB

251. Public Transportation Code; Contracts

SB

267. Insurance Premium Finance Company; Premium Charge

SB

268. Practice of Nursing; Revise Code

2922
SB SB SR

JOURNAL OF THE HOUSE,
271. Peace Officers Stds. & Training Act, Membership 324. PSC; Operation of & The Administration of Duties 108. Marcona Terminal Company, Convey Easement

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Lee of 72nd Chairman.

By unanimous consent, the rules were suspended to permit the following Bills and Resolutions of the House to be introduced, read the first time and referred to the committees:

HB 1185. By Representatives Beckham of the 89th, Calhoun of the 88th, Sams of the 90th, Irvin of the 23rd, Larsen of the 119th, and Lane of the 81st:
A Bill to provide requirements for the receipt of unemployment com pensation benefit payments; and for other purposes. Referred to the Committee on Industrial Relations.

HB 1186. By Representatives Beckham of the 89th, Calhoun of the 88th, Sams of the 90th, Irvin of the 23rd, Larsen of the 119th, Lane of the 81st, Karrh of the 106th, and Toles of the 16th:
A Bill to provide requirements for the receipt of assistance payments made pursuant to the Aid to Dependent Children Act; and for other purposes.
Referred to the Committee on Rules.

HB 1187. By Representatives Colwell and Twiggs of the 4th:
A Bill to create the office of Commissioner of Union County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1188. By Representative Russell of the 53rd:
A Bill to protect against conflict of interest and unethical conduct on the part of public officials and employees; to prohibit certain acts constituting conflict of interest; to prohibit certain types of compensation for public officials and employees other than that compensation derived from the performance of their official duties; to create a Georgia Ethics Commis sion; and for other purposes.
Referred to the Committee on Judiciary.

THURSDAY, MARCH 13, 1975

2923

HB 1189. By Representative Russell of the 53rd:
A Bill to provide for law enforcement assistance in the event of natural disasters, civil disorders or other unusual occurrences; to provide for the furnishing of law enforcement assistance by municipalities, counties and the State in the event a natural disaster, civil disorder or other unusual occurrence takes place within any municipal corporation, county or combination thereof; and for other purposes.
Referred to the Committee on Judiciary.

HB 1190. By Representative Russell of the 53rd:
A Bill to provide that it shall be unlawful for any municipal corporation, county, sheriff, police department, public authority, or any department, board, bureau, agency or commission of State government to purchase any automobile for use by law enforcement officers in the performance of their official duties unless such automobile meets or exceeds certain minimum vehicle specifications; and for other purposes.
Referred to the Committee on Judiciary.

HB 1191. By Representatives Russell of the 53rd, and Walker of the 115th:
A Bill to provide for the furnishing of full-time police services by certain municipal corporations, counties and the Georgia State Patrol and officers and officials thereof; and for other purposes. Referred to the Committee on Judiciary.

HB 1192. By Representatives Davis and Tolbert of the 56th:
A Bill to amend an Act creating the Dept. of Public Safety and providing for the issuance, suspension, revocation and cancellation of driver's li censes so as to provide for certain notices of change of addresses or names; to permit distribution of names and addresses of licensees and applicants for licenses; and for other purposes.
Referred to the Committee on Motor Vehicles.

HR 349-1192. By Representatives Parrish of the 97th, Thompson of the 93rd, Berry of the 94th, King of the 96th, Phillips of the 91st, Smyre of the 92nd, and Buck of the 95th:
A Resolution proposing an amendment to the Constitution so as to en courage and enhance overall economic development, increase employment, promote industry and commerce, provide incentives for the location of new (or the expansion of existing) manufacturing, processing, storage or transhipment facilities by authorizing the governing authority of Columbus-Muscogee County or any municipal corporation within Muscogee County, and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

2924

JOURNAL OF THE HOUSE,

HB 1193. By Representative Knight of the 67th:
A Bill to amend Code Title 46, relating to garnishment, so as to require that an affidavit for garnishment be made before a judge, magistrate, or justice of the peace; to require such affidavit to clearly set out the facts upon which the garnishment is claimed and the facts upon which apprehension of loss is based; and for other purposes. Referred to the Committee on Special Judiciary.

HB 1194. By Representative Knight of the 67th:
A Bill to amend Code Chapter 27-25, relating to sentencing and execu tions, so as to provide for presentence investigations and written reports in certain felony cases; to provide for the presentence investigation to begin prior to adjudication of guilt under certain circumstances; to pro vide for the contents of the presentence report; to provide for the dis closure of the'presentence report; and for other purposes. Referred to the Committee on Special Judiciary.
HB 1195. By Representative Knight of the 67th:
A Bill to amend an Act creating a State Planning and Programming Bureau so as to direct the Dept. of Community Development to make certain funds available for area or multi-county planning and develop ment commissions; to require annual audits of such funds; and for other purposes. Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HR 350-1195. By Representative Murphy of the 18th:
A Resolution authorizing the State Librarian to furnish the Paulding County Law Library with certain books; and for other purposes. Referred to the Committee on Special Judiciary.

HB 1196. By Representative Phillips of the 91st:
A Bill to revise the provision of public health and public welfare services; to provide for a short title ("Local Health and Rehabilitation Services Act of 1975"); to define certain terms; to create county boards of human resources; to transfer certain public welfare and public health functions, employees, and certain property of existing county and district organiza tions to the Dept. of Human Resources; and for other purposes.
Referred to the Committee on Health & Ecology.

HB 1197. By Representatives Carr of the 105th, and Karrh of the 106th:
A Bill to amend an Act placing the Tax Receiver of Johnson County on an annual salary in lieu of the fee system of compensation so as to change the annual salary of the tax receiver; and for other purposes. Referred to the Committee on State Planning and Community Affairs--Local Legislation.

THURSDAY, MARCH 13, 1975

2925

HB 1198. By Representatives Evans of the 99th, Banks of the 104th, Bowman of the 103rd, Randall of the 101st, Pinkston of the 100th, and Lucas of the 102nd:
A Bill to amend an Act creating the Middle Georgia Coliseum Authority so as to increase the amount of revenue bonds which the Authority is empowered to issue; to authorize political subdivisions contracting with the Authority to convey public property to the Authority; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1199. By Representatives Lane of the 40th, Hudson of the 137th, Adams of the 36th, Davis of the 56th, Harden of the 154th, Tucker of the 73rd, Twiggs of the 4th, Kilgore of the 65th, Dover of the llth, Evans of the 84th, and others:
A Bill to provide a procedure for fiscal notes for certain bills and for a time limitation for the introduction of such bills; to provide a short title ("Georgia Fiscal Note Act") ; to provide for all procedures, require ments and other matters relative to the foregoing; and for other purposes.
Referred to the Committee on Rules.

HB 1200. By Representatives Beckham of the 89th, Sams of the 90th, Miles of the 86th, Calhoun of the 88th, Connell of the 87th, Dent of the 85th, and Evans of the 84th:
A Bill to change the compensation of certain county officers and their employees and certain officials who are compensated by certain counties; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1201. By Representatives Wilson of the 19th, Harrison of the 20th, Kreeger of the 21st, Cooper of the 19th, and Nix of the 20th:
A Bill to amend an Act providing for a new charter for the City of Marietta so as to extend the corporate limits of said city; and for other purposes. Referred to the Committee on State Planning and Community Affairs--Local Legislation.

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

HB 1171. By Representatives Wall of the 61st, Phillips of the 59th, and Harris of the 60th:
A Bill to create the Gwinnett County Public Facilities Authority; and for other purposes.

2926

JOURNAL OF THE HOUSE,

HB 1172. By Representatives Colwell and Twiggs of the 4th:
A Bill to amend an Act placing the Sheriff of Fannin County upon an annual salary so as to change the compensation of the sheriff; and for other purposes.

HB 1173. By Representative Williams of the 54th:
A Bill to amend Code Section 79A-9917, relating to conditional discharge for possession of certain drugs as a first offense, so as to change the penalty provisions relating to the possession of certain amounts of marijuana; and for other purposes.

HB 1174. By Representative Williams of the 54th:
A Bill to require public utilities to provide residents of multiple-unit residential dwellings with utility service under an extension agreement under certain circumstances; to require public utilities to provide single meter single account service to such residents when metering equipment can be installed; and for other purposes.

HB 1175. By Representative Williams of the 54th:
A Bill to require public utilities to provide residential utility service to certain persons under a deferred payment agreement; to provide for the terms and conditions under such deferred payment agreements; to provide for matters to be considered in such deferred payment agreements; and for other purposes.
HB 1176. By Representative Williams of the 54th:
A Bill to require public utilities to provide single meter single account service to certain residential dwellings after a certain date; to provide exceptions; to require public utilities to discontinue the use of master meter estimated bill account service and to convert such service after a certain date; and for other purposes.

HB 1177. By Representative Wilson of the 19th:
A Bill to amend an Act providing for a new charter for the City of Marietta so as to extend the corporate limits of said city; and for other purposes.

HR 347-1177. By Representative Colwell of the 4th:
A Resolution authorizing the grant of a permanent nonexclusive easement over, across, through and under certain State-owned real property located in Fulton County, Georgia; and for other purposes.

HB 1178. By Representative Larsen of the 119th: A Bill to amend an Act creating a board of commissioners of Laurens

THURSDAY, MARCH 13, 1975

2927

County so as to provide for a change in the compensation of the com missioners; and for other purposes.

HB 1179. By Representative Larsen of the 119th:
A Bill to authorize the governing authority in counties having a popula tion of not less than 32,700 and not more than 33,400 to determine the compensation of the county treasurer; and for other purposes.

HB 1180. By Representative Lambert of the 112th:
A Bill to amend an Act creating the office of tax commissioner of Hancock County so as to change the compensation of the tax commis sioner and his secretary; and for other purposes.

HB 1181. By Representative Sams of the 90th:
A Bill to amend an Act providing for the appointment of an associate judge for the State Courts in counties of this State having a population of not less than 145,000 and not more than 165,000 so as to change the provisions relative to the salary of the judge of the State Courts of such counties; and for other purposes.

HB 1182. By Representatives Tolbert of the 56th, Noble of the 48th, Williamson of the 45th, Burton of the 47th, Petro of the 46th, Davis and Ray of the 56th, Elliott of the 49th, Richardson of the 52nd, Linder of the 44th, and others:
A Bill to create the DeKalb County Solid Waste Disposal and Resource Recovery Authority; and for other purposes.

HB 1183. By Representatives Coleman of the 118th, Jessup of the 117th, Smith of the 78th, Larsen of the 119th, Foster of the 152nd, Parham of the 109th, Carrell of the 75th, Owens of the 77th, and Wall of the 61st:
A Bill to amend an Act creating the Dept. of Public Safety so as to pro vide for a Uniform Division of the Dept. of Public Safety; to authorize the employment of license examiners, communications officers, and re cruits; to authorize the Board of Public Safety to provide members of the Uniform Division with a subsistence allowance; and for other pur poses.

HB 1184. By Representatives Harris and Stone of the 138th:
A Bill to amend an Act establishing the State Court of Appling County so as to change the minimum salaries of the judge and the solicitor of said court; to authorize the governing authority of Appling County to fix the salaries of the judge and the solicitor of said court; to change the terms of court; and for other purposes.

2928

JOURNAL OF THE HOUSE,

SB 73. By Senators Stephens of the 36th and Bond of the 39th:
A Bill to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pen sion to county employees, so as to authorize employees of Fulton County to claim credit for military service when they have obtained 5 years of creditable service; and for other purposes.

SB 100. By Senators Stephens of the 36th and Bond of the 39th:
A Bill to provide for the compensation of the sheriff of certain counties, and the procedure in connection with the payment thereof; and for other purposes.
SB 149. By Senators Holley of the 22nd, Riley of the 1st and others:
A Bill to amend Code Section 13-203.2, relating to the expansion or extension of existing bank facilities, so as to provide for the installation of unmanned "automated teller facilities" or unmanned "point-of-sale terminals" within the county in which a parent bank or branch bank is located, with the approval of the Commissioner of the Department of Banking and Finance; and for other purposes.
SB 215. By Senators Hudson of the 35th, Stephens of the 36th and others:
A Bill to fix the salary of the First Assistant Solicitor, the Assistant Solicitors and the Sepecial Assistant to the Solicitor General of the Criminal Court of Fulton County; and for other purposes.

SB 222. By Senator Stephens of the 36th:
A Bill to amend Code Section 36-606, providing for the interest to be vested in a person seeking condemnation, so as to provide that certain counties shall acquire a fee simple title to property condemned upon payment of the condemnation money; and for other purposes.

SB 255. By Senator Broun of the 46th:
A Bill to amend an Act providing for grants to citizens of Georgia who are students attending colleges or universities in this State which are not branches of the University System of Georgia, so as to provide that eligible students must be full-time students as of the beginning of each school term for which such grant is paid; and for other purposes.

SB 262. By Senators Starr of the 44th, Kennedy of the 4th, Langford of the 51st and Howard of the 42nd:
A Bill to amend an Act known as the "Georgia Correctional Industries Act", so as to authorize the Administration to compensate certain in mates employed in correctional industries out of funds arising from the sale of goods, products or services produced or provided by inmates work ing for or facilities of the Administration; and for other purposes.

THURSDAY, MARCH 13, 1975

2929

SB 263. By Senators Starr of the 44th, Kennedy of the 4th, Langford of the 51st and Howard of the 42nd:
A Bill to amend an Act comprehensively and exhaustively revising and consolidating the laws relating to the State Board of Corrections, so as to provide that services, goods, wares or merchandise produced or pro vided wholly or in part by the inmates of a State prison or correctional facilities operating under the State Board of Corrections may not be sold to a private person, firm, association or corporation; and for other purposes.

SB 285. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A Bill to declare unfair or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; to provide a short title ("Pair Business Practices Act of 1975") ; and for other purposes.

SB 296. By Senator Carter of the 14th:
A Bill to amend an Act authorizing boards of education to purchase liability insurance or contracts of indemnity insuring or indemnifying board members, superintendents, administrators, and other employees against liability for damage in specified instances, so as to authorize the State Board of Education and boards of control of cooperative educa tional service agencies to purchase such liability insurance or contracts of indemnity; and for other purposes.

SB 300. By Senator Stephens of the 36th:
A Bill to completely and exhaustively revise, supersede and consolidate the laws relating to the Merit System of Personnel Administration for Fulton County; and for other purposes.

SB 321. By Senators Hill of the 29th and Lewis of the 21st:
A Bill to provide that surplus funds designated as reserve funds accruing at the Georgia Warm Springs Hospital in any fiscal year shall not lapse to the State Treasury, but may be reserved by the Hospital as working capital; and for other purposes.

SB 326. By Senator Sutton of the 9th:
A Bill to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, so as to include real estate brokers within the provisions of said Act; and for other purposes.

SB 336. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A Bill to amend Code Chapter 40-19, relating to the Supervisor of Pur chases, so as to provide that before departments, institutions, and agencies

2930

JOURNAL OF THE HOUSE,

of the State and its political subdivisions have to obtain all goods, ware, or merchandise from the Director of Corrections, the availability of such goods, wares, or merchandise produced by inmates of penal, correctional, or eleemosynary administrations must be certified as available to the Supervisor of Purchases by the Director of Corrections; and for other purposes.

SB 346. By Senators Barker of the 18th and Hudson of the 35th:
A Bill to amend Code Chapter 79A-99, relating to penalties for violating the criminal provisions of Title 79A of the Georgia Code, relating to pharmacies, pharmacy and drugs, so as to provide that if upon the third conviction for possession of marijuana of one ounce or less, a person possessed more than one half of an ounce, said person shall be sentenced to imprisonment for a period of at least 30 days; and for other purposes.

SB 356. By Senator Fincher of the 54th:
A Bill to amend an Act providing for the participation of certified regis tered nurse anesthetists in the administration of anesthesia, so as to change the provisions relating to the professional and educational stand ards of said nurses; and for other purposes.

SB 360. By Senator Holley of the 22nd:
A Bill to provide that every agreement, promise or undertaking to pay compensation for services rendered in negotiating a loan, or in negotiating the purchase, sale, exchange, renting or leasing of any business oppor tunity, business, good will, inventory, fixtures or an interest therein, including a majority of the voting stock interest of a corporation and including the creating of a partnership interest is void unless the contract is in writing; and for other purposes.

SB 361. By Senators Warren of the 43rd and Reynolds of the 48th:
A Bill to revise, consolidate and modernize present laws relating to fi nancial responsibility of operators or owners of motor vehicles upon the highways of this State and to establish new laws relating thereto; to codify such laws as Title 68C of the Code of Georgia ("Motor Vehicle Safety Responsibility Act") ; and for other purposes.

SB 363. By Senator Barnes of the 33rd:
A Bill to amend an Act providing for a new charter for the City of Powder Springs, so as to redefine the corporate limits of the city; and for other purposes.
SB 364. By Senators Barnes of the 33rd and Brantley of the 56th:
A Bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the election of Mayor and Councilmen; and for other purposes.

THURSDAY, MARCH 13, 1975

2931

SB 365. By Senators Russell of the 10th and Pearce of the 16th:
A Bill to amend Code Section 24-2823, relating to sheriff's fees, so as to change certain fees; and for other purposes.

SB 368. By Senator Reynolds of the 48th:
A Bill to amend Section 66-103 of the Code of Georgia, which provides for the payment of wages due deceased employees to certain survivors without the necessity of administration upon the deceased employees' estates, so as to increase the amount of wages that may be paid; and for other purposes.

SR 107. By Senators Riley of the 1st, Brown of the 47th, Reynolds of the 48th and Banks of the 17th:
A Resolution proposing an amendment to the Constitution so as to provide that the Supreme Court shall have jurisdiction over direct appeals or review proceedings from the Public Service Commission; and for other purposes.

SR 115. By Senators Coverdell of the 40th, Garrard of the 37th and Brantley of the 56th:
A Resolution creating the Fulton County Transportation Study Com mission; and for other purposes.

SB 349. By Senator Russell of the 10th:
A Bill 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 nursery stock or sod grass; and for other purposes.

SB 386. By Senator Howard of the 42nd:
A Bill to amend Code Section 84-1412, relating to license fees for real estate brokers, associate brokers' and salesman's licenses, so as to provide that no person shall be allowed to take any examination more than three times in any twelve-month period; and for other purposes.

SR 128. By Senator Fincher of the 54th:
A Resolution creating the Health Maintenance Organization Study Com mittee; and for other purposes.

SR 139. By Senators Lester of the 23rd and Riley of the 1st:
A Resolution creating the Freeport Tax Study Committee; and for other purposes.

2932

JOURNAL OF THE HOUSE,

SR 140. By Senators Reynolds of the 48th and Hudson of the 35th:
A Resolution creating the Blue Laws Study Committee; and for other purposes.

SB 56. By Senator Barker of the 18th:
A Bill to amend an Act creating the Department of Public Safety, so as to require the court to suspend, revoke or cancel the driver's license of a person who is convicted, pleads guilty, or forfeits bonds for certain offenses; and for other purposes.

Representative Matthews of the 145th District, Chairman of the Committee on Agriculture, 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 same back to the House with the following recommendation:
HB 1166. Do Pass.
Respectfully submitted, Matthews of 145th, Chairman.

Representative Harris of the 8th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Resolutions of the House and has instructed me to report same back to the House with the following recommendations:
HR 74-310. Do Pass. HR 133-562. Do Pass. HR 9- 48. Do Pass. HR 112-434. Do Pass. HR 36-181. Do Pass. HR 37-181. Do Pass. HR 33-166. Do Pass.
Respectfully submitted, Oxford of 116th, Secretary.

THURSDAY, MARCH 13, 1975

2933

Representative Ross of the 76th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 191. Do Pass.

Respectfully submitted, Ross of 76th, Chairman.

Representative Rainey of the 135th District, Chairman of the Committee on Game, Fish and Recreation, submitted the following report:

Mr. Speaker:

Your Committee on Game, Fish and Recreation has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 309-1151. Do Pass.

HR 310-1151. Do Pass.

SB

311. Do Pass.

SB

331. Do Pass.

Respectfully submitted, Rainey of 135th, Chairman.

Representative Marcus of the 26th 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 follow ing Bills of the Senate and has instructed me to report same back to the House with the following recommendations:
SB 308. Do Pass, as Amended. SB 164. Do Pass, as Amended.
Respectfully submitted, Marcus of 26th, Chairman.

2934

JOURNAL OF THE HOUSE,

Representative Ware of the 68th 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 Senate and has instructed me to report same back to the House with the following recommendations:
HB 1118. Do Pass.
SB 377. Do Pass.

Respectfully submitted, Ware of 68th, Chairman.

Representative Cole of the 6th District, Chairman of the Committee on Interstate Cooperation, submitted the following report:
Mr. Speaker:
Your Committee on Interstate Cooperation has had under consideration the following Bill and Resolution of the Senate and has instructed me to report same back to the House with the following recommendations:
SR 116. Do Pass. SB 333. Do Pass.
Respectfully submitted, Cole of 6th, Chairman.

Representative 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 Senate and has instructed me to report same back to the House with the following recommendations:
HB 1106. Do Pass, as Amended. HB 1141. Do Pass. SB 188. Do Pass.
Respectfully submitted, Snow of 1st, Chairman.

THURSDAY, MARCH 13, 1975

2935

Representative Triplett of the 128th District, Chairman of the Committee on Special Rules, submitted the following report:

Mr. Speaker:

Your Committee on Special 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 274. Do Pass.

Respectfully submitted, Triplett of 128th, Chairman.

Representative 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 Resolutions of the House and has instructed me to report same back to the House with the following recommendations:
HR 306-1138. Do Pass. HR 346-1169. Do Pass.
Respectfully submitted, Colwell of 4th, Chairman.

Representative Howell of the 140th 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 Senate and has instructed me to report same back to the House with the following recommendations:
SB 156. Do Pass. SR 123. Do Pass. SR 112. Do Pass. HB 551. Do Pass.
Respectfully submitted, Howell of 140th, Chairman.

2936

JOURNAL OF THE HOUSE,

Representative Adams of the 36th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs has had under consideration the following Bills of the House and has instructed me to report same back to the House with the following recommendations:
HB 1009. Do Pass, by Substitute.
HB 1031. Do Pass, as Amended.
HB 1085. Do Pass, by Substitute.

Respectfully submitted, Adams of 36th, Chairman.

Representative Adams of the 36th 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 Legisla tion) 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:
HB 1140. Do Pass. HB 1147. Do Pass. HB 1149. Do Pass. HB 1152. Do Pass. HB 1153. Do Pass. HB 1154. Do Pass. HB 1157. Do Pass. HB 1158. Do Pass. HB 1159. Do Pass. HB 1160. Do Pass. HB 1161. Do Pass. HB 1163. Do Pass. HB 1164. Do Pass. HB 1165. Do Pass.

THURSDAY, MARCH 13, 1975

2937

HR 311-1165. Do Pass.

SB

233. Do Pass, by Substitute.

Respectfully submitted, Adams of 36th, Chairman.

Representative Collins of the 144th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the follow ing Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:
HB 623. Do Pass, by Substitute. HB 782. Do Pass, by Substitute. SB 121. Do Pass.
Respectfully submitted, Collins of 144th, Chairman.

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

HB 1140. By Representative Rainey of the 135th:
A Bill to provide for certain restrictions on the exercise of powers by the Cordele Office Building Authority; to provide for definitions; to require referendum elections on the question of beginning projects with a certain exception; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

HB 1147. By Representatives Matthews of the 145th and Collins of the 144th:
A Bill to amend an Act establishing a new charter for the City of Moultrie so as to change certain provisions relative to the number of alcoholic beverage licenses which may be issued; to provide for a referendum; and for other purposes.

2938

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 150, nays 0.

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

HB 1149. By Representative Reaves of the 147th:
A Bill to amend an Act creating a Small Claims Court in certain counties in this State so as to provide for the collection of an adminis trative fee; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

HB 1152. By Representatives Parkman and Glanton of the 66th and Ware of the 68th: A Bill to create the office of Commissioner of Heard County; to provide for his qualifications; to provide for his election, bond and oath; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 150, nays 0.

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

HB 1153. By Representative Coleman of the 118th: A Bill to amend an Act creating the office of Commissioner of Dodge County so as to change the compensation of the Commissioner of Dodge County; to provide for biennial longevity increases; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 150, nays 0.

THURSDAY, MARCH 13, 1975

2939

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

HB 1154. By Representative Coleman of the 118th:
A Bill to amend an Act placing the Sheriff and Clerk of the Superior Court of Dodge County on an annual salary so as to change the compensation of the sheriff and clerk of the superior court; to provide for longevity increases; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

HB 1157. By Representatives Howard and Cooper of the 19th, Kreeger of the 21st and others:
A Bill to amend an Act providing for the compensation of the Judge of the Juvenile Court of Cobb County so as to change the compensation of said judge; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

HB 1158. By Representatives Kreeger of the 21st, Edwards, Nix and Harrison of the 20th and others:
A Bill to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Cobb County into the one office of Tax Commissioner of Cobb County so as to change the compensation of the Tax Com missioner and the Chief Clerk 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 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

2940

JOURNAL OF THE HOUSE,

HB 1159. By Representatives Kreeger of the 21st, Edwards of the 20th, Wilson of the 19th and others:
A Bill to amend an Act creating the Cobb Judicial Circuit so as to change the provisions relating to the appointment of Assistant District Attorneys of said circuit; to change the salary provisions relating to the 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 ayes were 150, nays 0.

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

HB 1160. By Representatives Harrison and Edwards of the 20th, Cooper of the 19th and others:
A Bill to amend an Act creating the State Court of Cobb County so as to change the salary provisions relating to the clerk 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 150, nays 0.

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

HB 1161. By Representatives Wilson of the 19th, Harrison of the 20th, Kreeger of the 21st and others:
A Bill to amend an Act creating the Cobb Judicial Circuit so as to change the compensation provisions relating to the investigator; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

THURSDAY, MARCH 13, 1975

2941

HB 1163. By Representatives Howard and Cooper of the 19th, Nix, Harrison and Edwards of the 20th and others:
A Bill to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court of Cobb County from the fee system to the salary system so as to change the compensation of the Clerk of the Probate 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 150, nays 0.

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

HB 1164. By Representatives Cooper and Howard of the 19th, Nix, Harrison and Edwards of the 20th and others:
A Bill to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court of Cobb County from the fee system to the salary system so as to change the compensation of the clerk of the superior court, the sheriff, the deputy clerk of the superior court and the chief deputy sheriff; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

HB 1165. By Representatives Cooper, Howard and Wilson of the 19th and others: A Bill to amend an Act providing for an additional Judge of the Superior Court of the Cobb Judicial Circuit so as to change the com pensation of the full-time court reporters; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

2942

JOURNAL OF THE HOUSE,

HB 1035. By Representatives Tucker of the 73rd, Ham of the 80th and Smith of the 78th:
A Bill to amend an Act to change the salaries of assistant district attorneys in all judicial circuits of this State having a population of not less than 54,000 and not more than 58,500; 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 150, nays 0.

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

HR 311-1165. By Representatives Kreeger of the 21st, Howard of the 19th, Nix of the 20th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of the City of Marietta to provide for an increase in retirement benefits of retired employees of the 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 II of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary notwithstanding, the governing authority of the City of Marietta is hereby authorized to provide from time to time for the increase of retirement benefits of those persons who have retired under the provisions of any retirement system covering any employees of said city, as well as those employees who retire in the future. Any funds available to the governing authority of the City of Marietta may be utilized for the purpose provided herein."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the governing authority of the City of Marietta to
( ) NO provide for an increase in retirement benefits of retired employees of said city?"

THURSDAY, MARCH 13, 1975

2943

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 Representatives:

Adams, John Alexander Bailey Bargeron Battle Baugh Beck Berry Blackshear Bolster Bowman Bray Brown Burruss Burton Calhoun Carlisle Carr Carrell Carter Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman Collins Colwell Connell Cooper Cox Crawford Daugherty Dean Dent Dixon

Dover Edwards, C. W. Edwards, W. Egan Elliott Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Gammage Gignilliat Glanton Glover Greer Ham Hamilton Harden Harris, B. B. Harris, J. G. Harrison Hatcher Hawkins
Hays Hill, B. L. Holmes Howard Howell Hutchinson Irvin, J. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Karrh Kilgore

Knight Kreeger Lambert Lee Leggett Leonard Linder Logan Lucas Mann Marcus Matthews, D. R. McCollum McDonald McKinney Miles Milford Mostiler Mullinax Nessmith Nix Noble Owens Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters ' Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Ray

2944
Richardson Ross Rush Russell, J. Russell, W. B. Sams Scott Shanahan Sheats Sigman Sizemore Smith, J. R. Smith, V. B.

JOURNAL OF THE HOUSE,

Smyre Snow Stone Sweat Taggart Thomason Thompson Tolbert Toles Townsend Triplett Tucker

Twiggs Vaughn Waddle Wall Ware West White Whitmire Williams Williamson Wilson Wood

Those not voting were Representatives:

Adams, G. D. Adams, Marvin Banks Beckham Buck Carnes Castleberry Chance Culpepper Davis Fraser

Harris, J. F. Hill, G. Horton Hudson Irvin, R. Jones Jordan Keyton King Lane, Dick Lane, W. J.

Larsen, G. K. Larsen, W. W. Long Matthews, C. Oxford Reaves Walker Watson Wheeler 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 233. By Senator Reynolds of the 48th:
A Bill to create the Gwinnett County Recreation Authority and to acquire, construct, equip, maintain and operate an athletic stadium or stadiums and the usual facilities related thereto; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to create the Gwinnett County Recreation Authority and to authorize such authority, to acquire, construct, equip, maintain and operate an athletic stadium or stadiums and the usual facilities related thereto, recreational centers and areas, including, but not limited to, playgrounds, parks, hiking, camping, picnicking areas and facilities, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums,

THURSDAY, MARCH 13, 1975

2945

gymnatoriums and related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and im provements of such facilities, acquiring parking facilities and parking areas in connection therewith, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property; to confer powers and to impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their term of tenure and compensation, to authorize the Authority to contract with others pertaining to the recreational facilities and to execute leases of such facilities and to convey title to real property in fee simple of the Authority and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the issuance of revenue bonds or obligations of the Authority, payable from the revenues, tolls, fees, charges and earnings of the Authority including, but not limited to, earnings derived from leases and income from conveyances of real property of the Authority, and to pay the cost of such undertakings and to authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or obligations and to authorize the execu tion of trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt of Gwinnett County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the Authority exempt from taxation; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obliga tions be validated as authorized by the Revenue Bond Law (Ga. Laws 1957, p. 36 et. seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et. seq.), as amended; to amend an Act creating the Gwinnett County Recreation Authority (Ga. Laws 1971, p. 4110), so as to provide for the merging, enlargement and expansion of Gwinnett County Recreation District No. 1; to provide for the separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with the provisions
of this Act; and for other purposes:

WHEREAS, Gwinnett County has been and is steadily increasing in population and Gwinnett County does not have adequate recreational facilities for its citizens and there exists an urgent need to provide the citizens of such County and environs and others with adequate recrea tional areas and facilities for the purpose of promoting the health, morals and general welfare of such citizens; and

WHEREAS, it is advisable to authorize the financing, in whole or in part, of the acquisition, construction, equipping, maintenance and operation of an athletic stadium or stadiums and the usual facilities related thereto, recreational centers and areas, including, but not limited to, playgrounds, parks, hiking, camping, picnicking areas and facilities, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, gymnatoriums and related buildings and the uual and convenient facilities appertain ing to such undertakings, and extensions and improvements of such facilities, the acquisition of parking facilities and parking areas in connection therewith, the acquisition of the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities,

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including real property, by the issuance of revenue bonds or obligations of the Authority for that purpose.

NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short Title. This may be cited as the "Gwinnett County Recreation Authority Act".

Section 2. Gwinnett County Recreation Authority. There is hereby created a body corporate and politic to be known as the Gwinnett County Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title 'and 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, except that the Authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents and employees. The Authority is hereby granted the same exemptions and exclusions froni taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the Authority as provided under the provisions of this Act.

The Authority shall consist of not less than three (3) nor more than five (5) members who shall be residents of Gwinnett County and who shall be appointed by the Board of Commissioners of Gwinnett County. The members of the Authority shall be appointed to serve for a term of one (1) year from the date of such appointment and until their successors shall have been selected and appointed.

The Chairman of the Board of Commissioners of Gwinnett County or one of the members of the Board of Commissioners of Gwinnett County may be appointed to serve as members of the Authority, but in no event shall there be serving at any one time as members of the Authority more than one member of the Board of Commissioners or the Chairman. The two members of the Authority who are not a member of the Board of Commissioners or the Chairman of the Board of Commissioners shall reside in that area of Gwinnett County included within Gwinnett County Recreation District No. 1. The term of office of a member who holds his appointment by reason of his being a member of the appointing body, shall expire when his term of office as a mem ber of such appointing body expires.

Any member of the Authority may be selected and appointed to succeed himself. Immediately after such appointments, the members of such Authority shall enter upon their duties. Any vacancy on the Authority shall be filled in the same manner as was the original appoint ment of the member whose termination of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. The Authority shall elect one of its members as chairman and another member as vice-chairman and it shall also elect a secretary and treasurer, who does not necessarily
have to be a member of the Authority and if not a member he or she

THURSDAY, MARCH 13, 1975

2947

shall have no voting rights. Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall be reim bursed for all actual expenses incurred in the performance of their duties out of funds of the Authority. The Authority shall make rules and regulations for its own government. It shall have perpetual existence.

Section 3. Definitions. As used in this Act the following words and terms shall have the following meanings:

(a) The word "Authority" shall mean the Gwinnett County Recrea tion Authority created in Section 2 of this Act.

(b) The word "project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of an athletic stadium or stadiums and the usual facilities related thereto, recreation centers and areas, including, but not limited to, playgrounds, parks, hiking, camping and picnicking areas and facilities, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, gymnatoriums and re lated buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, the acquisition of parking facilities or parking areas in connection therewith, the acquisition of the necessary property therefor, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such recreational facilities and areas, deemed by the Authority to be necessary, con venient or desirable.

(c) The term "cost of the project" shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of all machinery and equipment, financing charges, interest prior to and during con struction, and for one year after completion of construction, cost of engineering, architectural, fiscal and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or particability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a 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 Act for such project.

(d) The terms "revenue bonds", "bonds" and "obligations" as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. Laws 1957, p. 36 et. seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et. seq.), as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto and in addition, shall

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also mean obligations of the Authority the issuance of which are herein after specifically provided for in this Act.

(e) Any project shall be deemed "self-liquidating" if, in the judg ment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in con nection therewith will be sufficient to pay the cost of operating, main taining and repairing, improving and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.

Section 4. Powers. The Authority shall have powers:

(a) To have a se'al and alter the same at pleasure;

(b) 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;

(c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, subject to the provisions of Section 26, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the Authority shall deem it expedient to construct any project on any lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State title to such lands to the Authority upon payment to the State of Georgia for the credit of the general fund of the State of 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; and if the Authority shall deem it expedient to construct any project on any lands the title to which shall then be in Gwinnett County or in any municipality incorporated in said County, the governing authority or body of said County or of any of said municipalities, is hereby authorized to convey title to such lands to the Authority upon payment for the credit of the general funds of said County or municipalities the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority or body of said County or municipality and the Chairman of the Authority;

(d) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations;

(e) To make contracts, leases and to execute all instruments neces sary or convenient, including contracts for construction of projects and

THURSDAY, MARCH 13, 1975

2949

leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, subject to the provisions of Section 26, and any and all persons, firms and corporations, the State 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, authority is specifically granted to municipal corporations and counties and to the Authority to enter into contracts, lease and sublease agreements, with the State of Georgia, or any agencies or departments thereof relative to parks and recreational centers, areas and facilities and relative to any property, which such department or other agency or department of the State of Georgia has now, or may hereafter obtain, by lease from the United States Government or any agency or depart ment thereof and with the United States Government or any agency or department thereof and the Authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improve ments thereon to any persons, firms, corporations, municipalities, the State of Georgia or the United States Government, or any agency or department thereof, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided in Section 17 of this Act. Any provisions of this Act to the contrary notwithstand ing any lease entered into between the Authority as lessor and Gwinnett County as lessee, the Authority shall accept and the County shall use for payment in accordance with the terms of any such lease only those funds obtained by Gwinnett County from a special recreation tax levy in Gwinnett County Recreation District No. 1, or any modification, ex pansion or enlargement of Gwinnett County Recreation District No. 1 where such special tax levy has been approved by the Qualified electors in Gwinnett County Recreation District No. 1 or any modifica tion, expansion or enlargement of Gwinnett County Recreation District No. 1 in a referendum held for the purpose of approving and authoriz ing the governing authority of Gwinnett County to levy a special tax on a district basis for recreation purposes. Any militia district within Gwinnett County shall have the perpetual right to be added to said district if approved by the electors residing therein in a referendum election, and the proceeds derived from the tax herein authorized shall be expended throughout the entire district on a fair and equitable basis. No such election within a militia district shall be held within 24 months of a previous election unless 15% of the electors residing therein shall
sign a petition requesting an election.

(f) 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 or other funds of the Authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof;

(g) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency

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or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose;

(h) To accept loans and/or grants of money or materials or prop erty of any kind from the State of Georgia or any agency or instru
mentality or political subdivision thereof, upon such terms and conditions
as the State of Georgia or such agency or instrumentality or political subdivision may impose;

(i) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same 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; but in no event shall revenue bonds be an obligation of Gwinnett County other than the one mill levied for recreational purposes.

(j) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitu tion and laws of this State;

(k) The Authority and the trustee acting under the trust indenture, are specifically authorized from time to time to sell, lease, grant, ex change or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as provided in Section 17 hereof;

(1) To borrow money for any of its corporate purposes from any bank, banks or other lending institutions for a period of time not to exceed 10 years and to execute evidences of such indebtedness and to secure the same by assigning all rights to and pledging all funds to be received by the Authority from a lease or leases entered into by the Authority as the lessor and Gwinnett County as the lessee, provided, however, said lease or leases were entered into pursuant to the provisions of this Act which limits the County to the use of tax funds derived solely from tax funds obtained from a special tax levy approved by the qualified electors in a referendum.

(m) To do all things necessary or convenient to carry out the powers expressly given in this Act.
Section 5. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the

THURSDAY, MARCH 13, 1975

2951

Revenue Bond Law or any amendment thereto, interest shall be payable semi-annually, principal shall mature at such time or times not exceed ing 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution pro viding for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. Laws 1957, p. 36 et. seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et. seq.), as amended, and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto.

Section 6. Same; Form; Denomination; Registration; Place of Payment. The Authority shall determine the form of the bonds, in cluding any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of 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 deter mine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.

Section 7. Same; Signatures; Seal. All such bonds shall be signed by the Chairman of the Authority and attested by the Secretary and Treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. 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 delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery.

Section 8. Same; Negotiability; Exemption From Taxation, All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under laws of the 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.
Section 9. Same; Sale; Proceeds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.

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Section 10. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or
temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.

Section 11. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bond or any coupons which shall become mutilated or be destroyed or lost.
Section 12. Same; Conditions Precedent to Issuance. 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 specified or required by this Act. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective 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.
Section 13. Credit Not Pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Gwinnett County, nor a pledge of the faith and credit of said County, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said County to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section.

Section 14. Trust Indenture As Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust com pany within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Author ity, including, the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and applica tion of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, 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 desig nated by the Authority, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required

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2953

by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the fore going, 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.

Section 15. 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 Act and such resolution or trust indenture may provide.

Section 16. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and personal of the Authority, 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 from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) any premium upon bonds acquired by redemption, payment or otherwise, and (4) the necessary charges of the paying agent or agents for paying principal and interest, and (5) any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and
shall not be reissued, printed and delivered.

Section 17. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertain ing 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

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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 inden ture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed
by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

Section 18. Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.

Section 19. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Gwinnett County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
Section 20. 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 the State of Georgia or any municipality, county, authority, political subdivision or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to being sued and if consenting to same, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the State or such municipality, county, authority, political subdivision or instrumentality shall be re quired 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 a part of the basis of the security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, the State and any municipality, county, authority, political subdivision, or instru mentality, if a party to the validation proceedings, contracting with the said Gwinnett County Recreation Authority.

Section 21. 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

THURSDAY, MARCH 13, 1975

2955

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 interest and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and 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.

Section 22. Moneys Received Considered Trust Funds. All moneys received pursuant to the Authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as reve nues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
Section 23. Purpose of the Authority. Without limiting the gen erality of any provisions of this Act the general purpose of the Au thority is declared to be that of acquiring, constructing, equipping, maintaining and operating an athletic stadium or stadiums and the usual facilities related thereto, recreational centers and areas, including, but not limited to, stadiums, playgrounds, parks, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, gymnatoriums and related buildings and the usual and convenient facilities appertaining to such under takings and extensions and improvements of such facilities, acquiring parking facilities and parking areas in connection therewith, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities including real property and to do any and all things deemed by the Authority, necessary, convenient or desirable for an incident to the efficient and proper development and operation of such types of undertakings.

Section 24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and revise from time to time rates, fees, tolls and charges, and to collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, con cessions or subleases of its lands or facilities, and to determine the price and term at and under which its lands or facilities may be sold and in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, 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 income of such undertakings or projects, including the revenues of improvements, better ments or extensions thereto thereafter made or the sale of any of its lands and facilities.

Section 25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which recreational facilities shall be furnished.

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Section 26. (a) All meetings of the Authority shall be opened to the public at all times. Ample notice shall be given to all members of the Authority and to the public of any special or called meeting of the Authority. The minutes of all meetings and all actions taken by the Authority shall likewise be opened to public inspection.
(b) Each purchase made in behalf of the Authority of personal property or services in excess of $500 shall be accomplished pursuant to competitive bids, after having published invitations to bid in the official organ of Gwinnett County prior to the award of any contract. All bids shall be opened during meetings of the Authority and the rejection or acceptance thereof shall be entered upon the minutes of the Authority.

(c) Any surplus or unserviceable property of the Authority shall be disposed of pursuant to competitive bids which shall be advertised in the official organ of Gwinnett County. All bids for the disposal of such property shall be opened during public meetings of the Authority and the acceptance and rejection thereof shall be entered upon the minutes of the Authority.

(d) The affirmative action of at least two-thirds of the members of the Authority shall be required in order that any action on behalf of the Authority may be taken.

(e) At the conclusion of each fiscal year of the Authority, the affairs of the Authority shall be audited by a certified public accounting firm. The Board of Commissioners of Gwinnett County shall select the firm which shall conduct the audit. A synopsis of the audit shall be published in the official organ of Gwinnett County as soon as the report of the auditors is submitted to the Authority.

(f) All funds of the Authority which are not required for the nor mal operations of the Authority shall be invested in interest bearing investments within 30 days of their receipt by the Authority.

Section 27. Amend Georgia Laws 1971 Session, page 4110, Gwinnett County Recreation District No. 1 Established, so as to add the following provision to Section 1 of said Act.

"The governing authority of Gwinnett County is authorized to merge, enlarge and expand the area within Gwinnett County Recre ation District No. 1 and to include and incorporate within Gwinnett County Recreation District No. 1 additional General Militia Dis tricts of Gwinnett County and to levy a tax, not to exceed one mill, on all property within any Gwinnett County Militia District brought into Gwinnett County Recreation District No. 1 by an enlargement, expansion or merger of said district, if the levying of such tax and merger is approved by a majority vote of those qualified voters of the area brought into said district voting at a special election to be called and conducted by the Board of Electors of Gwinnett County. The governing authority shall set the date for said elections, which shall be held and conducted as are other special elections."

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Section 28. Powers Declared Supplemental and Additional. The foregoing Sections of this Act 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 con ferred by other laws, and shall not be regarded as in derogation of any powers now existing.

Section 29. Liberal Construction of Act. This Act being for the purpose of promoting the health, morals and general welfare of the citi zens of the United States, of the State of Georgia and Gwinnett County, shall be liberally construed to effect the purposes hereof.

Section 30. Effect of Partial Invalidity of Act. Should any sen tence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof.

Section 31. Repeal. This Act does not in any way take from Gwin nett County or any municipality located therein, the authority to own, develop, operate and maintain public parks and recreational facilities, or to issue revenue bonds as is provided by the Revenue Bond Law of Georgia (Ga. Laws 1957, p. 36 et. seq.), as amended, amending the law formerly known as the Revenue Certificate Law of the 1937 (Ga. Laws 1937, p. 761 et. seq.), as amended.

Section 32. Effective Date. This Act shall become effective as of the date on which it is signed by the Governor of Georgia or as of the date on which it becomes law without the approval of the Governor. However, the Authority shall not become operative until such time as the governing authority of Gwinnett County shall, by appropriate resolution, declare the need for the Authority within Gwinnett County.

Section 33. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

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

On the passage of the Bill, by substitute, the ayes were 150, nays 0.

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

HB 1031. By Representative Connell of the 87th:
A Bill to create the Augusta-Savannah River Parking and Urban Re development Authority; and for other purposes.

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The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1031 as follows:

By striking in their entirety subsections (a) and (b) of Section 4, beginning on line 16 of page 5, and inserting in lieu thereof the following:

"(a) The Authority shall consist of the following seven (7) members and two (2) ex officio members who shall be eligible to succeed themselves and whose terms of office as members of the Authority shall expire on the date shown following their names:

David Peet James C. Culluni Frank Delley William A. Garrett Graeme Keith J. W. Weltch Brice Newman

three (3) years three (3) years three (3) years three (3) years
two (2) years two (2) years two (2) years

The ex officio members shall be the Mayor of the City of Augusta and the Chairman of the Finance and Appropriations Committee of the City Council of Augusta. The ex officio members shall serve in an advisory capacity only, with no voting authority.

(b) Appointments to fill vacancies on the Authority shall be accomplished by nomination from the Mayor of the City of Augusta and confirmed by the City Council of Augusta. Following the initial appointments to the Authority hereby made, all appointments shall be for three (3) year terms. The appointment of any person selected to fill any unexpired term at any time shall be only for the re mainder of such term."

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 150, nays 0.

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

By unanimous consent, HB 1031, as amended, was ordered immediately transmitted to the Senate.
HB 1085. By Representatives Miles of the 86th, Connell of the 87th and Dent of the 85th: A Bill to amend an Act providing for the purchase and sale of supplies and materials by the Board of Commissioners of Richmond County so

THURSDAY, MARCH 13, 1975

2959

as to provide that the Board of Commissioners shall be allowed to
purchase any goods, materials or supplies used by Richmond County in its governmental affairs without bid or legal advertisement when the cost of same does not exceed $1,500.00; and for other purposes.

The following Committee substitute was read and adopted:
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, Georgia (Ga. Laws 1958, p. 2986), as amended, (Ga. Laws 1974, p. 2774), so as to provide that the Board of Commissioners of Richmond County, Georgia, shall be allowed to purchase any goods, materials or supplies used by Richmond County in its governmental affairs without bid or legal advertisement when the cost of same does not exceed $1,500.00; that the Board of Commissioners shall be allowed to obtain written quotations without legal advertisement on purchases between $1,500.00 and $3,000.00; that the Board of Commissioners in all other instances, with the exceptions provided herein, shall, before purchasing any goods, materials or supplies to be used by Richmond County, advertise for bids once a day for three days within a ten-day period in the legal gazette for Richmond County if the cost exceeds $3,000.00; that the Board of Commissioners shall be allowed to approve purchases in the event of emergencies; that when Richmond County receives no bids that the Board of Commissioners be authorized to negotiate for the purchase of goods, materials and supplies needed; that Richmond County be allowed to purchase used equipment based on three written appraisals from recognized dealers in the subject equipment; to provide for severability; to provide an effective date; to repeal con flicting laws; and for other purposes
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act providing for the purchase and sale of supplies and materials by the Board of Commissioners of Richmond County, Georgia (Ga. Laws 1958, p. 2986), as amended, (Ga. Laws 1974, p. 2774), is hereby amended by striking in its entirety Section 1, and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. The Board of Commissioners of Richmond County, Georgia, is hereby authorized to purchase any goods, materials or supplies of any nature, used by Richmond County in any of its governmental affairs, without bid and legal advertisement, when the cost of same does not exceed $1,500.00."
Section 2. Said Act is further amended by adding a new Section, to be designated Section 2, to read as follows:
"Section 2. The Board of Commissioners of Richmond County, Georgia, is hereby authorized to purchase any goods, materials or

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supplies of any nature, used by Richmond County in any of its governmental affairs, without bid and legal advertisement, by ob taining at least three (3) written quotations entered on the minutes of said Board, and retained for a period of at least two years, when the cost of said goods, materials or supplies is between $1,500.00 and $3,000.00."

Section 3. Said Act is further amended by adding a new Section to be designated Section 3, to read as follows:

"Section 3. With the exceptions provided hereinabove and hereinafter, the Board of Commissioners of Richmond County, Georgia, shall, in all other instances before purchasing any goods, materials or supplies to be used by Richmond County, or entering into any lease of equipment to be used by Richmond County, ad vertise for bids once a day for three days within a ten-day period in the legal gazette for Richmond County."

Section 4. Said Act is further amended by adding a new Section, to be designated Section 4, to read as follows:

"Section 4. In the event the Board of Commissioners of Rich
mond County determines at an open meeting of which minutes are recorded, that an emergency exists, and there is an immediate need for goods, materials or supplies to relieve said emergency, the Board of Commissioners shall be allowed to approve purchases without bids in the event the Board has determined an emergency exists, but all such declarations of emergency shall be in strict accordance with applicable State law defining 'emergency'."

Section 5. Said Act is further amended by adding a new Section, to be designated Section 6, to read as follows:

"Section 6. In the event the Board of Commissioners of Rich-
mound County receives no bids, the Board of Commissioners of Richmond County, Georgia, is hereby authorized to negotiate for the purchase of the goods, materials or supplies needed for the operation of its governmental affairs; provided, however, that any such negotiated bid shall be read one time in regular meeting held at least ten days prior to the acceptance or approval of such ne gotiated bid by the Board of Commissioners of Richmond County."

Section 6. Said Act is further amended by adding a new Section, to be designated Section 7, to read as follows:
"Section 7. The Board of Commissioners of Richmond County is authorized to purchase used equipment for the operation of its governmental affairs based on three written appraisals from recognized dealers in the subject equipment. Said written appraisals together with the acceptance and approval shall be entered on the regular minutes of the Board of Commissioners of Richmond County at the time said Board considers the purchase of any used equip ment; provided, however, no such purchase shall be consummated

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2961

until after the written appraisal proposed to be adopted has been read one time in regular meeting held at least 10 days prior to the consummation of said purchase."

Section 7. Should any Section or provision of this Act be held unconstitutional and invalid, such Section or provision shall not affect
the validity of this Act as a whole or any part thereof, other than the part so held to be unconstitutional.

Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

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 150, nays 0.

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

By unanimous consent, HB 1085, by substitute, was ordered immediately transmitted to the Senate.

HB 1009. By Representatives Beckham of the 89th, Sams of the 90th and Calhoun of the 88th:
A Bill to unify the governments of the City of Augusta and Richmond County; to create within Richmond County a single county-wide govern ment through the creation and establishment of a new political entity to be known as "Augusta-Richmond County"; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to unify the governments of the City of Augusta and Richmond County; to create within Richmond County a single county-wide government through the creation and establishment of a new political entity to be known as the "Augusta-Richmond Coun ty"; to provide for the powers, duties, functions, responsibilities and jurisdictions of such political subdivision; to provide for a governing authority for such political subdivision; to provide that the assets, rights, liabilities and obligations of Richmond County and the City of Augusta shall be assumed by the successor governing authority; to pro vide for all necessary matters and procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

ARTICLE I

General Provisions

Section 1.01. Creating a Unified Government. The governmental incorporate functions now vested in The City Council of Augusta, a municipal corporation created by Act of the General Assembly of Georgia, assented to January 31, 1798, as amended, are hereby unified with the governmental incorporate powers, duties, and functions of Richmond County, Georgia. Such unification is made pursuant to constitutional power granted by Article XI, Section I, Paragraph VII, of the Constitution of Georgia of 1945, as amended, particularly by an amendment ratified at the General Election held on November 5, 1968 (Ga. Laws 1968, p. 1787 et. seq.). Such unification shall result in the creation and establishment of a new political entity to be known by the name of "Augusta-Richmond County" (herein referred to as the "Uni fied Government") which shall be a single county-wide government with
powers and jurisdiction throughout the territorial limits of Richmond
County, Georgia, which single government supersedes and replaces the
governments of the City of Augusta and the County of Richmond which
shall perform all the governmental and corporate functions heretofore
performed by the City Council of Augusta and Richmond County.

At such time as this Charter shall become effective and subject to the particular provisions made hereafter in this Charter, all the assets, rights, liabilities and obligations, of whatever nature, of Rich mond County and the City of Augusta shall be assumed by the successor governing authority and shall be the assets, rights, liabilities and obligations of such successor governing authority.
Section 1.02. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

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

On the passage of the Bill, by substitute, the ayes were 150, nays 0.

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

By unanimous consent, HB 1009, by substitute, was ordered immediately transmitted to the Senate.

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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 121. By Senators Ballard of the 45th, Reynolds of the 48th, Brown of the 47th and Lewis of the 21st:
A Resolution relative to the proposed increase in the tax on motor fuels by the federal government.

HR 343. By Representatives Bargeron of the 83rd, Miles of the 86th, Games of the 43 and others:
A Resolution commending the Honorable J. Roy McCracken.

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

SB 200. By Senators Hudson of the 35th and Stephens of the 36th:
A Bill to amend Georgia Code Section 26-1704, relating to bad checks so as to add certain language thereto relating to a commitment hearing on trial involving a bank or depository beyond the subpoena power of the court.

SB 329. By Senator Barker of the 18th:
A Bill to amend Code Chapter 56-12, relating to actions against in surance companies, as amended, so as to require insurance companies to acknowledge receipt of claims.

SB 339. By Senator Langford of the 51st:
A Bill to amend Code Chapter 29-4, relating to recording of deeds, as amended, so as to require the address of the grantee to be entered on the reverse of a warranty deed before it may be recorded.

SB 362. By Senator McGill of the 24th:
A Bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", approved March 7, 1961, as amended, so as to repeal the current provisions regarding the perfection and foreclosure of me chanics' liens on vehicles.

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HB 41. By Representative Rush of the 121st:
A Bill to amend an Act known as the "Georgia Boat Safety Act", so as to prohibit selling or offering to sell within this State any personal flotation device which is not U.S. Coast Guard approved unless such device is legibly marked that it is not U.S. Coast Guard approved.

HB 110. By Representatives Castleberry of the lllth, Parrish of the 97th, Bargeron of the 83rd and others:
A Bill to amend an Act known as the "Ga. Motor Vehicle Accident Reparations Act" so as to provide that in cases in which the minimum insurance required by this Act is cancelled by the insurer, upon receipt of notification of such cancellation the Dept. of Public Safety shall send a notification to the owner of such motor vehicle that the Dept. has been informed of the fact of such cancellation.

HB 393. By Representatives Lambert of the 112th, and Carlisle of the 71st:
A Bill to amend Section 92-3107 relating to the allowable standard deduction, to amend Section 92-3108, of the Code of Georgia of 1933, 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 U.S. Internal Revenue Code of 1954 in force and effect on Jan. 1, 1975.

HB 481. By Representative Gammage of the 17th:
A Bill to authorize and direct the State Office of Housing to provide outreach workers to the Farmers Home Administration.

HB 770. By Representatives Irvin of the 23rd, Karrh of the 106th, Sams of the 90th and others:
A Bill to amend Code Chapter 65-7, relating to the manner of foreclosure of mortgages on personalty so as to delete a provision relative to attach ing a copy of a waiver to a petition.

HB 700. By Representatives Carr of the 105th, Whitmire of the 9th, Bray of the 70th, and others:
A Bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration so as to provide for additional powers and duties of the State Personnel Board.

HB 881. By Representatives Lambert of the 112th, Wood of the 9th, Carlisle of the 71st and others:
A Bill to amend an Act known as the "Georgia Civil Defense Act of 1951" as amended so as to grant the Governor the emergency power to provide welfare benefits to the citizens of Georgia.

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HB 882. By Representatives Lambert of the 112th, Wood of the 9th, and Carlisle of the 71st:
A Bill to amend an Act known as the "Georgia Civil Defense Act of 1951" so as to authorize each political subdivision of this State to acquire temporary housing units and to prepare or equip sites to utilize said housing units.

HB 262. By Representative Egan of the 25th:
A Bill to amend Code Title 22, relating to corporations, so as to change the venue for bringing suits against foreign corporations; to provide that dividends on preferred stock need not be cumlative.

SB 342. By Senators Howard of the 42nd and Langford of the 51st:
A Bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws of this State relative to game and fish, approved March 7, 1955, as amended, so as to change certain provisions applicable to the confiscation of commercial fishing boats.

SB 353. By Senator Howard of the 42nd:
A Bill to provide for the regulation of off-road vehicles; to provide a short title; to provide for declaration of policy; to provide for definitions; to provide for exemptions; to provide for operating restrictions.

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

HB 315. By Representatives Foster and Wheeler of the 152nd, Clifton of the 107th, and others:
A Bill to amend Code Section 92-1403, relating to the taxation of motor fuel of a type other than gasoline used for nonhighway purposes.

HB 365. By Representative Carrell of the 75th:
A Bill to amend Code Title 92, relating to public revenue, so as to change the provisions relating to rate of interest on unpaid taxes on Dec. 20th in each year.

HB 617. By Representative Murphy of the 18th:
A Bill to amend Code Section 92-1417, relating to the procedures for the collection of delinquent taxes that under certain circumstances the sale of motor fuel to an ultimate consumer who has both highway and nonhighway uses of such fuel shall not be subject to the motor fuel tax.

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HB 876. By Representative Egan of the 25th:
A Bill to amend an Act known as the "Georgia Securities Act of 1973", approved Apr. 18, 1973, so as to redefine certain terms; to authorize the Commissioner to impose fees to cover the costs of giving examina tions.

The Senate has agreed to the House substitute by Senate substitute to the following Bill of the Senate, to-wit:

SB 238. By Senators McDowell of the 2nd and Riley of the 1st:
A Bill to provide that in all counties of this State having a population of not less than 180,000 and not more than 190,000, and in all municipal corporations located within such counties, sales of alcoholic beverages for consumption on the premises shall be authorized during certain hours.

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

HB 450. By Representative Lane of the 40th:
A Bill to provide certain requirements in connection with blasting or excavating in the vicinity of certain underground utility facilities.

HB 376. By Representatives McDonald of the 12th, Smith of the 78th, and Hutchinson of the 133rd:
A Bill to amend the Executive Reorganization Act of 1972 so as to authorize the Dept. of Public Safety to exercise jurisdiction over safety of motor vehicles and over the drivers of motor vehicles operating as motor contract carriers or motor common carriers.

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

SB 377. By Senator Doss of the 52nd:
A Bill to amend Code Chapter 56-5, relating to the rates for casualty, surety, vehicle, property, marine and transportation insurance, as amended, so as to provide for mandatory agreements for apportionment of certain casualty insurance.

Representative Cox of the 141st moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

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HB 723. By Representatives Cox of the 141st, Bargeron of the 83rd, Gammage of the 17th and others:
A Bill to amend an Act creating the Board of Funeral Service and regulating the practice of embalming and funeral directing so as to require that an applicant for a license as a funeral director hold a valid embalmer's license approved by the State of Georgia; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Bailey Banks Bargeron Battle Beck Blackshear Bolster Games Carrell Carter Childers Childs Clark, L. Cox Culpepper Da vis Dean Dixon Elliott Evans, W. D. Pelton Poster, R. L. Gammage

Glanton Ham Harris, B. B. Hatcher Hays Hudson Jessup Johnson, R. Johnson, W. R. Karrh Keyton Kilgore King Lee Leggett Linder Mann Marcus Matthews, D. R. McDonald
Milford Mostiler

Noble Owens Parkman Patten, G. C. Patten, R. L. Peters Phillips, R. T. Ray Richardson Ross Rush Russell, J. Russell, W. R. Stone Sweat Tolbert Townsend Triplett Tucker Twiggs West Whitmire

Those voting in the negative were Representatives:

Baugh Berry Calhoun Carlisle Clark, Betty Cole Cooper Crawford Dent Edwards, C. W. Egan Glover

Harrison Hawkins Hill, B. L. Holmes Irvin, J. Irwin Kreeger Lambert Larsen, G. K. Leonard Lucas

Parham Parrish Randall Sams Sheats Sizemore Smyre Thompson Wall Watson Williamson

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Those not voting were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Beckham Bowman Bray Brown Buck
Burruss Burton Carr Castleberry Chance Clifton Coleman Collins Colwell Connell Daugherty Dover Edwards, W. Evans, B. Foster, P. W. Fraser Gignilliat Greer

Hamilton Harden Harris, J. G. Harris, J. F. Hill, G. Horton Howard Howell Hutchinson Irvin, R. Jackson Jones Jordan Knight Lane, Dick Lane, W. J. Larsen, W. W. Logan Long Matthews, C. McCollum McKinney Miles Mullinax Nessmith Nix

Oxford Petro Phillips, L. L. Phillips, W. R. Pinkston Rainey Reaves Scott Shanahan Sigman Smith, J. R. Smith, V. B. Snow Taggart Thomason Toles Vaughn Waddle Walker Ware Wheeler White Williams Wilson Wood Mr. Speaker

On the motion, the ayes were 67, nays 34.

The motion prevailed and HB 723 was reconsidered.

Representatives McKinney of the 35th, Wood and Jackson of the 9th each stated that he had been called from the floor of the House when the roll call was ordered on the motion to reconsider the failure of HB 723. Representative Mc Kinney stated that he would have voted "nay" thereon. Representatives Wood and Jackson stated that they would have voted "aye" thereon.

Representative Johnson of the 72nd moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Resolution of the Senate:

SR 65. By Senators Starr of the 44th, Riley of the 1st, Holloway of the 12th and others:
A Resolution to create the "Constitution Revision Commission".

On the motion, the roll call was ordered and the vote was as follows:

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Those voting in the affirmative were Representatives:

Bailey Battle Beck Bolster Calhoun Carlisle Carnes Carrell Childers Clark, L. Cox Dixon Egan Elliott Evans, B. Gammage Greer

Ham Harris, B. B. Harrison Hatcher Holmes Irvin, R. Jessup Johnson, W. R. Kilgore King Knight Lambert Larsen, G. K.
Lee Leggett Linder Logan

Marcus Mostiler Mullinax Noble Phillips, R. T. Richardson Rush Russell, J. Russell, W. B. Sheats Stone Sweat Taggart Wall West Williamson

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Those voting in the negative were Representatives:

Adams, Marvin
Baugh Berry Blackshear
Carter Castleberry Childs Clark, Betty Clifton Cooper Culpepper Dean Evans, W. D. Felton Foster, R. L. Glanton Glover Hawkins Hays Hill, B. L.

Howard Hudson Irvin, J. Jackson Johnson, R. Karrh Kreeger Larsen, W. W. Leonard Lucas Mann Matthews, D. R. McDonald McKinney Milford Nix Owens Oxford Parham

Parkman Parrish Patten, G. C. Patten, R. L. Peters Phillips, W. R. Rainey Randall Ray Ross Sams Smyre Thompson Tucker Twiggs Watson Whitmire Wilson Wood

Those not voting were Representatives:

Adams, G. D. Adams, John Alexander Banks Bargeron Beckham Bowman Bray Brown

Buck Burruss Burton Carr Chance Cole Coleman Collins Colwell

Connell Crawford Daugherty Da vis Dent Dover Edwards, C. W. Edwards, W. Foster, P. W.

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Fraser Gignilliat Hamilton Harden Harris, J. G. Harris, J. F. Hill, G. Horton Howell Hutchinson Irwin Jones Jordan Keyton Lane, Dick

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Lane, W. J. Long Matthews, C. McCollum Miles Nessmith Petro Phillips, L. L. Pinkston Reaves Scott Shanahan Sigman Sizemore Smith, J. R.

Smith, V. B. Snow Thomason Tolbert Toles Townsend Triplett Vaughn Waddle Walker Ware Wheeler White Williams Mr. Speaker

On the motion, the ayes were 50, nays 58.

The motion was lost and the House refused to reconsider its action in failing to give the requisite constitutional majority to SR 65.

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

SR 167. By Senator Eldridge of the 7th: A Resolution relative to adjournment.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 876. By Representative Egan of the 25th:
A Bill to amend an Act known as the "Georgia Securities Act of 1973", approved April 18, 1973, so as to redefine certain terms; to authorize the Commissioner to impose fees to cover the costs of giving examinations; and for other purposes.

The following Senate amendment was read:
The Senate offers the following amendment: Amend HB 876 by striking Section 27 and inserting in lieu thereof a new Section 27 to read as follows:

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"Section 27. Section 9 of the Act is amended as follows:

(a) Paragraph (2) of subsection (i) of Section 9 of the Act is amended by striking the present Paragraph (2) and replacing it with a new paragraph to read as follows:

'(2) In connection with an employee stock purchase plan as defined in Section 423 of the Internal Revenue Code of 1954, as now or hereafter amended, or a stock bonus plan, pension plan, profit sharing plan or retirement plan for employees or selfemployed individuals qualified under Section 401 of the Internal Revenue Code of 1954, as now or hereafter amended or individual retirement accounts qualified under Section 408 of the Internal Revenue Code of 1954 as now or hereafter amended; provided, how ever, the issuance of any such security representing an interest in a collective investment fund shall be exempt only if such security is issued pursuant to a plan established and administered by a bank organized under the laws of the United States or any bank or trust company organized and supervised under the laws of any State of the United States or sponsored by any investment company regis tered under the Investment Company Act of 1940, as now or here after amended, or sponsored by any insurance company licensed to do businesss in this State.'

(b) Paragraph (3) of subsection 9(i) of the Act is deleted.

(c) Paragraphs (4) and (5) of subsection 9(i) are renumbered as Paragraphs (3) and (4), respectively."

Representative Egan of the 25th moved that the House agree to the Senate amendment to HB 876.

On the motion, the ayes were 91, nays 0.

The motion prevailed and the Senate amendment to HB 876 was agreed to.

HB 315. By Representatives Foster and Wheeler of the 152nd, Clifton of the 107th and others:
A Bill to amend Code Section 92-1403, relating to the taxation of motor fuel, particularly by an Act known as the "Motor Fuel Tax Law", so as to change the provisions relative to certain exemptions for motor fuel of a type other than gasoline used for nonhighway purposes; and for other purposes.

The following Senate amendment was read:
Amend HB 315 on Page 2, line 14, by striking the word and period "misdemeanor.", and inserting in lieu thereof the following:

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"misdemeanor of a high and aggravated nature, and, upon con-

j

viction thereof, shall be punished by a fine of not more than $5,000.00

]

or by imprisonment for not more than 12 months or both."

I

Representative Foster of the 152nd moved that the House agree to the Senate amendment to HB 315.

On the motion, the ayes were 97, nays 0.

The motion prevailed and the Senate amendment to HB 315 was agreed to.

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 169-829. By Representative Lambert of the 112th:
A Resolution authorizing the State Properties Commission to grant and convey to Georgia Power Company, its successors and assigns, easements over, under, across and through certain properties owned by the State of Georgia and located in Gwinnett County, Georgia; and for other purposes.

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

On the adoption of the Resolution, the ayes were 97, nays 2.

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

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 365. By Representative Carrell of the 75th:
A Bill to amend Code Title 92, relating to public revenue, so as to change the provisions relating to rate of interest on unpaid taxes on December 20th in each year; and for other purposes.

The following Senate amendment was read:
Senate amendment to HB 365:
Amend HB 365 by changing the period to a comma on page 2, line 3, and adding the following:

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"except for those counties that have provided by law for a lesser time."

Representative Carrell of the 75th moved that the House agree to the Senate amendment to HB 365.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate amendment to HB 365 was agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 874. By Representatives Waddle of the 113th and Watson of the 114th:
A Bill to be entitled an Act to amend an Act incorporating the City of Centerville, approved March 25, 1958, so as to define the corporate limits; and for other purposes.

The following Senate amendment was read:
The Senate moves to amend HB 874 as follows:
By adding after line 15 on page 4 the following:
"Also included in the above description is the following: All that part of Elberta Road lying between the intersection of Elberta Road with Bateman Road and the intersection of Elberta Road with Holt Road (also known as Collins Avenue)."

Representative Waddle of the 113th moved that the House agree to the Senate amendment to HB 874.

On the motion, the ayes were 103, nays 0.

The motion prevailed and the Senate amendment to HB 874 was agreed to.

The following Resolution of the House was read and adopted:

HR 274. By Representative Karrh of the 106th:
A RESOLUTION
Inviting Fred Morgan to appear before the Georgia House of Repre sentatives; and for other purposes.

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WHEREAS, Fred Morgan is the State winner of the Voice of Democracy Contest sponsored by the Veterans of Foreign Wars; and

WHEREAS, before being selected as the State winner of the Voice of Democracy Contest, he had won the school, county, and First District Voice of Democracy Contests; and

WHEREAS, it is only fitting and proper that he be recognized for his outstanding accomplishment.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend a cordial invi tation to Fred Morgan to appear before this body.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this resolution to Mr. Fred Morgan and to his mother, Mrs. Doris Morgan.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were again taken up for consideration:

HB 670. By Representatives Battle of the 124th, Triplett of the 128th, Childers of the 15th and others:
A Bill to amend Code Title 84, relating to professions, businesses and trades so as to provide for the regulation of the practice of geology; to provide a short title; and for other purposes.

The following amendment was read and adopted:
Page two, line 22: Add "and firms employing registered geologists" after the word geologists.
Page five, line 1: Strike the word "specifications".
Page five, line 19: Strike the word "specifications".
Page five, line 28: Strike the word "specifications".
Page six, line 27: Strike the word "incidental" and insert in lieu thereof the word "necessary".
Page eleven, line 27: Strike "provided for in this Chapter" and insert in lieu thereof "fixed by the Board".
Page twelve, line 22: Strike the word "specifications".
Page thirteen, line 2: Add "approved by the Secretary of State and confirmed by the Senate" after the word Governor.

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Page thirteen, line 8: Add "the Georgia Association of Mineral Pro ducing Industries, Inc." after the word Engineers.

Page fifteen, subparagraph (e) to be renumbered (f) and insert new subparagraph (e) to read as follows: "(e) Set the amount of all fees required by this Chapter".

Page fifteen: Renumber present subparagraph (e) to (f).

Page nineteen, line 7: Strike period after Chapter and add: "or a firm employing a registered Geologist."

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 104, nays 2.

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

By unanimous consent, HB 670, as amended, was ordered immediately trans mitted to the Senate.

HB 791. By Representatives Ross of the 76th, Evans of the 84th, Lane of the 81st and others:
A Bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to clarify certain provisions and make certain technical corrections 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 "Adequate Program for Education in Georgia Act", approved March 26, 1974 (Ga. Laws 1974, p. 1045), so as to clarify certain provisions and make certain technical corrections; to change certain provisions relative to special education, preschool education, adult education, allotment of elementary instructional specialists, the establishment of special programs of educa tion, pupil transportation, public libraries, the calculated cost of instruc tional services, local support and year-round operation of schools; to re peal certain specific laws; 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 GEORGIA:
Section 1. An Act known as the "Adequate Program for Education

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in Georgia Act", approved March 26, 1974 (Ga. Laws 1974, p. 1045), is hereby amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows:

"Section 5. Special Education, (a) All children and youth who are eligible for the general education program, preschool education, or who have special educational needs and three and four year old children who are either physically, mentally or emotionally handi capped or perceptually or linquistically deficient shall also be eligible for special education services. Children, ages 0-5 years, whose handi cap is so severe as to necessitate early education intervention may be eligible for special education services. Children and youth with special needs are those who have emotional, physical, communicative, or intellectual deviations, or a combination thereof, to the degree that there is interference with school achievements or adjustments, or prevention of full academic attainment and who require modifica tions or alterations in their educational programs. This definition includes children who are intellectually gifted, mentally retarded, physically handicapped, speech handicapped, behaviorally disordered, hospital or homebound, handicapped by a specific learning disability, multihandicapped, autistic, hearing impaired, visually impaired and any other areas of special needs which may be identified. The State Board of Education shall adopt classification criteria for each area of special need to be served on a Statewide basis, both for students to be served in a self-contained setting and those who can be served effectively in the regular classroom by itinerant personnel.

(b) Local units of administration shall, subject to any limita tions hereinafter specified, provide a special education program for all students with special needs who are residents of their school systems, either by establishing and -maintaining such educational facilities and employing such professional workers as are needed by these students or by entering into a contract with other school systems or Cooperative Educational Service Agencies for such services.

(c) The State Board of Education shall have the authority to provide educational and training services for children who have special educational needs such as emotional, physical, communica tive, or intellectual deviations, or any combination thereof, to the degree that there is interference with school achievements or ad justments, or prevention of full academic attainment, and who re quire modifications or alterations in their educational programs. This definition includes children who are mentally retarded, phys ically handicapped, speech handicapped, multiple handicapped, autisic, intellectually gifted, hearing impaired, visually impaired, and any other areas of special needs which may be identified. The State Board of Education may provide such educational and training services by:
(1) contracting with or making grants to suitable private or public institutions, or with both public and private institutions, in side or outside the State of Georgia for the provision of such services;

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(2) contracting with suitable public agencies and departments, including institutions in which eligible children are confined and outpatient centers serving eligible children, inside and outside the State of Georgia, for the provision of such services; or

(3) entering into reciprocal agreements with other states or political subdivisions thereof for the provision of such services.

(d) The State Board of Education may promulgate any rules, regulations and standards and establish the terms and conditions governing the provision of State aid hereunder and perform any and all acts necessary or proper to carry out the provisions, intent and purpose of this Section.

(e) It is further provided that every child and youth eligible for special education services shall have access to a quality program on or before two years after the date this Act becomes law."

Section 2. Said Act is further amended by striking subsection (b) of Section 6 in its entirety and substituting in lieu thereof a new sub section (b) to read as follows:

"(b) The State Board of Education shall annually determine the number of students needing compensatory education and the estimated State cost of such program for the next fiscal year, and submit such information to the Office of Planning and Budget."

Section 3. Said Act is further amended by striking subsection (a) of Section 7, which reads as follows:

"(a) A preschool program which will be at least on a one-half day basis for a 180-day school year shall be made available to:

(1) all children who have attained age 5 and have not attained age 6 by September 1 of a fiscal year;

(2) three and four year old children who are either physically, mentally or emotionally handicapped or perceptually or linguistically deficient.",
in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

"(a) A preschool program which shall be at least on a onehalf day basis for a 180-day school year shall be made available to all children who have attained age 5 by September 1 of a fiscal year."
Section 4. Said Act is further amended by striking Section 8, which reads as follows:

"Section 8. Adult Education, (a) The State Board of Education

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shall promulgate rules, regulations and standards, and establish the terms and conditions necessary to implement adult general education programs and adult vocational education programs with such agencies as follows:
(1) local school systems;
(2) area vocational-technical schools;
(3) Cooperative Educational Service Agencies;
(4) public colleges and universities; and
(5) State institutions under the authority of the Georgia Board of Human Resources and the Georgia Board of Offender Rehabilita tion.
(b) All programs in each such agency shall be approved by the State Board of Education.",
in its entirety and substituting in lieu thereof a new Section 8 to read as follows:
"Section 8. Adult Education, (a) The State Board of Educa tion shall maintain an Adult General Education Program within the State. This program shall provide instruction in basic skills and subjects to individuals 18 years of age and older who have left school and who have less than an eighth grade education or its equivalent. Instruction in a variety of skills and subjects may be provided for individuals who have more than an eighth grade edu cation or its equivalent. Priority shall be given to elimination of il literacy in the State and to the attainment of a General Educational Development (GED) equivalency diploma. Programs of general education for adults should serve to improve the ability of the in dividual to profit from occupational training and meet adult re sponsibilities more effectively.

(b) The State Board of Education is hereby authorized and impowered to receive Federal funds allotted to Georgia under acts of Congress appropriating Federal funds for Adult Education. The Board shall establish policies, regulations, and standards relating to implementation and operation of general education programs for adults. To be eligible for State and Federal funds, all programs shall be operated in accordance with the State Board of Education policies, regulations, and standards. The provisions of any other Section of this Act notwithstanding, the State Board shall annually request of the General Assembly funds for Adult General Education and is hereby authorized to utilize such State and Federal funds to contract with local units of administration and other public egencies to finance Adult General Education for eligible individuals."

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Section 5. Said Act is further amended by striking the caption from subsection (b) of Section 9 which reads as follows:

"Funds for State schools for the deaf and blind."

Section 6. Said Act is further amended by striking subsection (c) of Section 9 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:

"(c) The State Board of Education shall annually determine the amount of funds needed for elementary and secondary programs operated within correctional institutions, hospitals, mental institu tions and other such programs. The State Board of Education shall annually allot additional funds to local units of administration wherein State Boards maintain an institution primarily for the detention of persons within school age, and operates within such institution an elementary, secondary or vocational school for the education of such school age children, which shall be sufficient to enable the local unit to furnish certified teachers and other profes sional personnel to such school and institution in accordance with the State minimum salary schedule: Provided, however, that the course of instruction offered in such school shall meet minimum academic requirements and standards prescribed for operation of the public schools of the local unit. The State Board is authorized, in its discretion, to make an allotment of additional funds to the local unit for employment of such teachers and other professional personnel for an additional two months during the fiscal school year where the school in such institution is operated on a 12-month basis."

Section 7. Said Act is further amended by striking the caption from subsection (d) of Section 9 which reads as follows:

"Student honors program.",

and by striking the caption from subsection (e) of Section 9 which reads as follows:

"Educational research."

Section 8. Said Act is further amended by adding a new subsection at the end of Section 9 to be designated subsection (f) and to read as follows:
"(f) The State Board of Education may allot funds to local units of administration in accordance with a local plan for staff development to improve their personnel provided that the plan has been approved by the State Board. Funds for staff development shall be based on the number of professional units allotted by the State Board to local units of administration. The State Board shall be authorized to make payments for additional activities beyond the regular school day or year as an integral part of the plan for staff development. It is further provided that the State Board of

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Education may allot funds to support supervision and assessment activities for student teachers and beginning teachers in accordance with an approved program that meets standards established by the State Board. The supervision and assessment of student teachers and beginning teachers may include support to supplement the salaries of instructional personnel who supervise student teachers and be ginning teachers. The State Board of Education is authorized to establish the rate for reimbursement of said salary supplements."
Section 9. Said Act is further amended by striking paragraph (2) of subsection (a) of Section 10 which reads as follows:
"(2) Special Education: one instructional unit per 12 pupils in average daily attendance in self-contained special education classes in grades 1-12; provided, however, these students meet the require ments as defined in Section 5, Special Education.",
in its entirety and by redesignating paragraph (3) of said subsection (a) of Section 10 as paragraph (2) thereof.
Section 10. Said Act is further amended by inserting in subsection (d) of Section 10 between the word, "Sections" and the figure, "10" the following: "5, 7,", so that when so amended said subsection (d) shall read as follows:
"(d) The State Board of Education shall allot to each local unit of administration a full allotment unit for each major fraction above an allotment unit, pertaining to Sections 5, 7, 10, 12, 20, 21, and 24."

Section 11. Said Act is further amended by striking Section 11, which reads as follows:
"Section 11. Salary Supplements for Supplementary Services Provided by Instructional Personnel, (a) The State Board of Educa tion may allot funds to local units of administration to supplement the salaries of instructional personnel who supervise beyond the normal school day, not less than ten students engaged in community work experience. The local unit of administration shall determine the specific extended day assignments and the salary supplements paid therefor; provided, however, that the State Board may not reimburse the local unit for more than one-third of the monthly State salary schedule.

(b) The State Board also may allot funds to local units of ad ministration to employ instructional personnel to provide similar services beyond the regular school year; provided, however, that reimbursement to the local unit may not exceed one-fifth of the State salary schedule for the individual so employed.

(c) The State Board also may reimburse local units of adminis tration for salary supplements for participation in staff development activities beyond the regular school day and/or the regular school year; provided, however, that such activities are a part of a staff development program approved by the State Board.

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(d) The State Board shall provide reimbursement for salary supplements for services beyond the normal school day and the normal school year only when such services are identified in a pro gram plan submitted by the local unit of administration and ap proved by the State Board.",

in its entirety and substituting in lieu thereof a new Section 11 to read as follows:

"Section 11. Career, Occupational and Vocational Education, (a) The State Board of Education shall maintain a comprehensive program of career, occupational and vocational education. The pur pose of this program shall be to provide occupational training and retraining to meet the needs of individual citizens and the man power needs of business and industry within the State. This program shall be designed to prepare individuals for gainful employment, in cluding homemaking, as semiskilled or skilled workers or tech nicians or subprofessionals in recognized occupations and in new and emerging occupations and to prepare individuals for enrollment in advanced technical education programs. This program shall pro vide for vocational guidance and counseling, instruction related to the occupation or occupations for which the student is in trainig, and instruction necessary for students to benefit from such training. Activities related thereto may include, but shall not be limited to, vocational youth clubs; job placement and followup; leadership development; staff travel; student transportation; staff training and development; research, development and demonstration; special programs for handicapped, disadvantaged and gifted.

(b) Any other Section of this Act notwithstanding, the State Board shall annually determine the amount of funds needed to pro vide career, occupational and vocational education programs for inschool youth and for out-of-school youth and adults, and shall an nually request the General Assembly to make such appropriations as are needed. The State Board of Education is hereby authorized and impowered as the sole State agency to receive Federal funds allotted to Georgia under the Vocational Education Act or other Acts of Congress appropriating Federal funds for career, occupa tional or vocational education or for career, occupational and vo cational education.

(c) The provisions of any other Section of this Act notwith standing, the State Board of Education is hereby authorized to provide funds to local units of administration and to other State and local agencies to be used for career, occupational and vocational education programs.

(d) The provisions of any other Section of this Act notwith standing, the State Board of Education may adopt such salary and salary supplement schedules deemed necessary to carry out the provisions of subsection (c) hereof and shall establish policies, regulations, and standards relating to and necessary for the im plementation of this Section."

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Section 12. Said Act is further amended by striking from the second sentence of Section 12 the following:

"in the local units of administration, including special needs", so that when so amended Section 12 shall read as follows:

"Section 12. Allotment of Elementary Instructional Special ists: Amount of Funds Needed for Payment of Salaries of Such Personnel. Annually, the State Board of Education shall allot elementary instructional specialists to local units of administration on the basis of one elementary instructional specialist per 15 in structional units in grades 1-7. The purpose of these elementary in structional specialists shall be to meet the special instructional needs of students in art, music, and physical education; provided, however, that during the fiscal year the amount of funds distributed to any local unit for this purpose shall not be in excess of the amount actually required by the local unit for payment of salaries of instructional specialists actually employed by the local unit. The amount of funds needed by a local unit to pay salaries of elementary instructional specialists shall be determined on a 10-month basis
in accordance with the State minimum salary schedule provided for in Section 56."

Section 13. Said Act is further amended by striking Sections 13 and 14 in their entirety and substituting in lieu thereof new Sections 13 and 14 to read as follows:

"Section 13. Instructional Media. The amount of funds needed by a local unit of administration during a fiscal year for the mainte nance, repair, and purchase of instructional media, including softcovered as well as hard-covered text and library books and con sumable as well as nonconsumable supplies, shall be determined by multiplying the number of instructional units allotted to the local unit under Sections 5, 10 and 12 of this Act by a sum of money which shall not be less than $500. The State Board of Education shall have the authority to prescribe minimum requirements and standards for the purchase, distribution and use of such instructional media, and for the use of funds allotted under this Section.

Section 14. Instructional Equipment. The State Board of Edu cation shall grant funds to local units of administration for the pur chase, maintenance, repair and replacement of equipment for in structional laboratories and for special education classrooms. The State Board of Education shall have the authority to prescribe minimum requirements and standards for the purchase, distribution and use of such instructional equipment and for the use of funds allotted under this Section."

Section 14. Said Act is further amended by striking from Section 15 the following: "Section 10" and inserting in lieu thereof the following: "Sections 5, 10 and 12", so that when so amended Section 15 shall read as follows:

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"Section 15. Amount of Funds Needed for Payment of Mainte nance and Operation. The amount of funds needed by a local unit of administration during a fiscal year for maintenance and operation expenses for instructionl programs not otherwise provided for in Sections 10 through 17 shall be determined by multiplying the number of instructional units allotted to the local unit of administration under provisions of Sections 5, 10 and 12 by a sum of money not less than $1,500. The State Board of Education shall define the term 'maintenance and operation expenses' and shall have the authority to prescribe minimum requirements and standards for the distribu tion, use, and expenditure of funds allotted under this Section."

Section 15. Said Act is further amended by inserting in Section 16 between the word, "Sections" and the figure "10" the following:

"C"> " ) so that when so amended Section 16 shall read as follows:

"Section 16. Amount of Funds Needed for Payment of Sick and Personal Leave Expenses. The amount of funds needed by a local unit of administration during a fiscal year for sick and personal leave expenses shall be determined by multiplying the number of instruc tional units allotted to the local unit of administration under pro visions of Sections 5, 10, 12, 20, and 21, by a sum of money not less than $125. The State Board of Education shall have the authority to prescribe minimum requirements and standards for the distribu tion, use and expenditure of funds allotted under this Section."

Section 16. Said Act is further amended by striking paragraphs (1) and (2) of subsection (c) of Section 21 in their entirety and sub stituting in lieu thereof new paragraphs (1) and (2) to read as follows:

"(1) preschool leadership positions on the basis of one to each 50 preschool instructional units; and

(2) special education leadership positions on the basis of one to each 40 special education instructional units."

Section 17. Said Act is further amended by striking subsection (a) of Section 22 in its entirety and substituting in lieu thereof a new sub section (a) to read as follows:

"(a) The State Board of Education shall annually determine the amount of funds needed to provide a Statewide school lunch program. The State Board shall, by regulation, provide for certifying and classi fying school lunch supervisors and managers and establish training programs for school lunch personnel. The State Board of Education is hereby authorized to provide for the payment of operating costs of school lunchrooms, including breakfast costs for those students eligible under Federal guidelines, State supplements to the salaries paid such personnel by local units of administration and State incen tive pay for satisfactory completion of such training programs."

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Section 18. Said Act is further amended by striking subsection (a) of Section 25 in its entirety and substituting in lieu thereof a new sub section (a) to read as follows:

"(a) The amount of funds needed by a county, area school, independent schol system to pay expenses of pupil transportation shall be calculated by the State Board of Education in accordance with a schedule of standard transportation costs to be incurred by local units of administration in the operation of economical and efficient pupil transportation programs and a schedule of variable transportation
costs or variable cost factors dependent upon circumstances prevail ing in the several local units of administration which affect, in vary ing ways, the costs of pupil transportation authorized by this Sec tion; provided, however, that the amount of funds to be actually distributed to any local unit of administration under provisions of this Section during any school year shall not exceed the actual costs incurred by the local unit in transporting pupils to and from public schools, and costs of transport ing to preschool programs all handicapped students either by minibus or other such transportation used by nonhandicapped children, in cluding costs for transportation for handicapped children who must travel across county lines or away from their own school district with in the State. It is further provided that the costs of the regular pupil transportation program receive full funding before funds are pro vided for transportation of students to and from places for the pur pose of work experiences, training in instructional laboratories, and in other such field trips required of or integral to the various in structional components of the educational program. In establishing the schedule of standard and variable pupil transportation costs or cost factors for the purpose of allotting funds under this Section, the State Board is, without limiting the generality of the foregoing, authorized to consider facts and circumstances such as the number and density of pupils transported in the local unit and the areas therein served by school busses, the suitability of school bus routes in the local unit, the suitability of the type and number of busses used by the local unit, the number of miles traveled by school busses in the local unit, minimum bus loads, transportation surveys, cost of trans portation equipment and depreciation schedules therefor, the schedule of minimum salaries for school bus drivers established in accordance with subsection (b) of this Section, the number of school bus drivers allotted to the local unit, maintenance, repair and operating costs of transportation equipment, climate and terrain, condition of roads used for the purpose of transporting pupils in the local unit, cost of liability insurance, cost of safety instruction and training for both bus drivers and students and such other facts and circumstances as the State Board may find to be relevant for the purpose of establishing such schedules and cost factors. The State Board shall have authority to establish minimum requirements and standards respecting use of funds allotted under this Section."

Section 19. Said Act is further amended by striking from subsection (c) of Section 25 the figure "70" and inserting in lieu thereof the figure "68" and by striking the period at the end of subsection (d) of Section 25 and inserting in lieu thereof the following: ", with the exception of handicapped students being transported to special programs.", so that

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2985

when so amended, subsections (c) and (d) of Section 25 shall read as follows:

"(c) If, and to the extent that, the State Board of Education obtains a State-bid price under provisions of Section 68 on any standard item of equipment, supply or service used or obtained by local units in connection with or as a result of providing transporta tion services to pupils attending the public schools of such local units, or on any other standard expense incurred by local units, the standard transportation cost or allowance to be attributed to such item or expense under provisions of subsection (a) of this Section shall be based upon an amount not in excess of the State-bid price on such item or expense.

(d) Pupils who live beyond one and one-half miles from the school to which they are assigned, according to the nearest practical route by school bus, shall be eligible to be counted as transported pupils for the purpose of calculating that portion of the expense of pupil transportation associated with transporting pupils from home to school and from school to home as authorized under subsection (a) of this Section, provided such pupils are actually transported to such school by school bus or other vehicle made available for this purpose by the local unit of administration. Any pupil who resides within the said mileage limitation shall not be eligible to be counted for school transportation State-aid purposes, with the exception of handi capped students being transported to special programs."

Section 20. Said Act is further amended by striking Section 26, which reads as follows:

"Section 26. Public Libraries, (a) The State Board of Educa tion shall annually determine the amount of funds needed to provide county and regional public libraries of the State with library books and materials by multiplying the total population of the State by a sum to be determined by the State Board which shall be not less than 35 cents per person. Public library funds shall be apportioned to county and regional public libraries in proportion to the area and population to be served by such libraries in accordance with regula tions and minimum public library requirements prescribed by the State Board. Public library funds apportioned to a county or regional public library, together with the amount of funds needed by a county or regional public library for the purpose of paying the salaries of librarians allotted such library in accordance with regulations estab lished by the State Board and the State minimum salary schedule for teachers and other certificated professional personnel, shall be distributed directly to the regional or county library boards.

(b) The State Board of Education shall further make adequate provisions to obtain, operate and maintain special media equipment, supplies and services to meet the library needs of Georgia's blind and handicapped citizens.",

in its entirety and substituting in lieu thereof a new Section 26 to read as follows:

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"Section 26. Public Libraries, (a) The State Board of Edu cation shall annually determine and request of the General Assembly the amount of funds needed for county and regional public libraries of the State. This request shall include, but not be limited to, funds to provide library books and materials, salaries and travel for profes sional librarians, capital outlay for public library construction, and maintenance and operation. The amount for library books and ma terials shall be not less than 35 cents per person. Funds for the purpose of paying the salaries of librarians alloted shall be in ac cordance with regulations established by the State Board and the State minimum salary schedule for teachers and other certificated professional personnel. Public library funds shall be apportioned to county and regional public libraries in proportion to the area and population to be served by such libraries in accordance with regula tions and minimum public library requirements prescribed by the State Board. All such funds shall be distributed directly to the regional or county library boards.

(b) The State Board of Education shall further make adequate provisions for staff, supplies, services, and facilities to operate and maintain special media equipment to meet the library needs of Georgia's blind and handicapped citizens.
(c) The State Board of Education shall further provide the staff, materials, equipment, and supplies to provide a book lending and information service to all county and regional public libraries in the State and to coordinate interlibrary cooperation and interchange of materials and information among all types of libraries.
(d) The State Board of Education is further authorized and empowered as the sole agency to receive Federal funds allotted to Georgia under Acts of Congress appropriating Federal funds for public libraries.
(e) The State Board of Education shall adopt policies and regu lations to implement this Section."
Section 21. Said Act is further amended by striking the word, "of" where it appears between the words, "Program" and "Education" in the last sentence of subsection (a) of Section 27 and inserting in lieu thereof the word, "for", so that when so amended subsection (a) of Section 27 shall read as follows:

"(a) The State Board of Education shall annually determine the cost of operating and maintaining the Statewide network of public school educational television stations, the Statewide cost of program ming and the Statewide cost of production and purchase of video tapes and other materials used in the Statewide public school educa tional television program. Such Statewide costs, as determined by the Board, shall be paid entirely from State funds and shall not be con sidered in determining local units of administrations' share of the cost of supporting the Adequate Program for Education in Georgia."

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Section 22. Said Act is further amended by striking from the end of the first sentence of subsection (a) of Section 37 the following, "Section 10.", and inserting in lieu thereof the following, "Sections 10 and 12"., and by striking from the end of the first sentence of subsection (b) of Section 37 the following, "Section 21.", and inserting in lieu thereof the following, "Sections 20 and 21.", and by inserting between the word, "the" and the word, "first" in the second sentence of said subsection (b) the following: "projected average daily attendance for the", and by striking the word "three" where it appears in the second sentence of said subsection (b) and inserting in lieu thereof the word "four" and by striking the word "preceding" where it appears between the word, "the" and the word, "school" in the second sentence of said subsection (b) so that when so amended Section 37 shall read as follows:

"Section 37. Allotment of Teachers and Certified Professional Personnel; Amount of Funds Needed for Payment of Salaries, (a) The State Board of Education shall annually allot teachers to local units of administration as provided in Sections 10 and 12. Such allotment shall be based on projected average daily attendance for the first four months of the school year made under rules adopted by the State Board of Education designed to project the average daily attendance for individual school systems, adjusted as provided for in Section 42 of this Act. Provided, however, that during the next school year the amount of funds distributed to any local unit for this purpose shall not be in excess of the amount actually re quired by the local unit for payment of salaries of teachers actually employed by the local unit of administration. The amount of funds needed by a local unit to pay salaries of teachers shall be determined on a ten-months' basis in accordance with the State minimum salary schedule provided for in Section 56 of this Act. The State Board of Education is authorized to prescribe uniform requirements and mini mum standards respecting utilization of State-allotted teachers in public elementary and secondary schools of local units of administra tion. Provided, however, in the event that the General Assembly shall appropriate additional funds which are line-itemed for reducing the public-teacher ratio in any grade or grades, the allotment figures contained in this Section shall be construed to be reduced to the figures contained in such line-item appropriation.

(b) The State Board of Education shall annually allot other certificated professional personnel to local units of administration as provided in Sections 20 and 21. Such allotment shall be based on the projected average daily attendance for the first four months of the school year, adjusted as provided for in Section 42 of this Act; provided, however, that during the next school year the amount of funds distributed to any local unit for this purpose shall not be in excess of the amount actually required by the local unit for payment of salaries of certificated professional personnel actually employed by the local units of administration. The amount of funds needed by a local unit to pay the salaries of certificated professional personnel shall be determined on a ten-months' basis in accordance with the State minimum salary schedule provided for in Section 56 of this Act. The State Board of Education is authorized to prescribe uniform requirements and minimum standards respecting utilization of State-
allotted professional personnel."

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Section 23. Said Act is further amended by striking Section 38 in its entirety and substituting in lieu thereof a new Section 38 to read as follows:

"Section 38. Calculated Cost of Instructional Services, (a) The total amount of funds needed by a local unit of administration in order to provide the instructional services assured under the Adequate Program for Education in Georgia, as contemplated by provisions of this Act, shall be deemed to be the sum arrived at by adding the amount of funds, calculated in the manner provided for in this Act, needed by the local unit of administration for the following purposes:

(1) payment for providing special education programs to meet the special needs of children as provided for in Section 5;
(2) payment of preschool program expenses as provided for in Section 7;
(3) payment of salaries of instructional personnel as provided for in Sections 5, 10, and 12;
(4) purchase of instructional media as provided for in Section 13;
(5) purchase and repair of instructional equipment as provided for in Section 14;
(6) payment of maintenance and operation expenses as provided for in Section 15;
(7) payment of sick and personal leave expenses as provided for in Section 16;
(8) payment of travel expenses as provided for in Section 17;
(9) payment of salaries of student services supportive personnel as provided for in Section 20;
(10) payment of salaries of administrative and supervisory per sonnel as provided for in Section 21;
(11) payment of salaries of clerical personnel as provided for in Section 24; and
(12) payment of expenses of pupil transportation as provided for in Section 25.
(b) The sum arrived at in the manner provided above shall be known as the calculated cost of instructional services under the Ade quate Program for Education in Georgia for a local unit of adminis tration. The amount of State funds which shall be allocated to each

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local unit of administration in support of such program by the State Board of Education shall be the sum determined above as the calcu lated cost of providing an Adequate Program for Education in Geor gia in the local unit in support of said program, less an amount which shall be determined in accordance with the financial ability of the local unit calculated in the manner as provided for in Section 39."

Section 24. Said Act is further amended by striking paragraphs (1), (2) and (3) of subsection (a) of Section 39 in their entirety and substituting in lieu thereof two paragraphs (1) and (2) to read as follows:

"(1) For each county and independent school system, the per centage factor shall be applied to the total equalized adjusted school property tax digest of each system.

(2) For an area school system, the percentage factor shall be applied to the total equalized adjusted school property tax digest of property located within such area school system."

Section 25. Said Act is further amended by striking the period at the end of the first sentence of subsection (c) of Section 39 and inserting in lieu thereof the following:

", as now or hereafter amended.",

so that when so amended said subsection (c) shall read as follows:

"(c) The State Auditor shall furnish to the State Board of Education the sums of the current equalized adjusted school property tax digests in accordance with an Act approved March 20, 1970 (Ga. Laws 1970, p. 542), relative to equalized adjusted school prop erty tax digests, as now or hereafter amended. The sums of the cur rent equalized adjusted school property tax digests, as shown on the State Auditor's Ratio Study Reports, which are due on November 15 immediately preceding the beginning of a school year shall be used to make the calculations required by subsection (a) of this Section for each school year."

Section 26. Said Act is further amended by striking from the second sentence of Section 42 the words, "minimum foundation program", and inserting in lieu thereof the words, "adequate program for education", and by inserting in said second sentence between the figures, "13" and "15" the figure, "14", so that when so amended Section 42 shall read as follows:

"Section 42. Midterm Adjustment of Allotments of Personnel and State Funds. The State Board shall require submission of official reports of attendance of pupils by local units of administration during the current school year. Whenever the official attendance reports of any local unit shall show an increase in average daily attendance of pupils during the current school year, the State Board of Education shall, at least semiannually during such school year, increase the

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State-contributed adequate program for education funds allotted to such local unit at the beginning of the current school year under Sections 10, 12, 13, 14, 15, 16, 20, 21, and 24 of this Act, in proportion to the current increase in average daily attendance of pupils in the local unit and in accordance with the provisions of this Act. The State Board shall, at the beginning of each fiscal school year, set aside from the total appropriation for educational purposes an amount of money deemed sufficient to meet the needs of such midterm ad justments."

Section 27. Said Act is further amended by striking from Section 44 the following, "32-620", and inserting in lieu thereof "9", and by striking the words, "a minimum foundation program of education" where the same appear in said Section 'and inserting in lieu thereof the words, "an ade quate program for education", so that when so amended Section 44 shall read as follows:

"Section 44. Operation of Summer School Education Programs by Local Units; State Aid. The board of education of any local unit of administration may, in its discretion provide for continued operation of one or more public schools of the local unit for a period of time beyond the normal school year provided for in this Act for the pur pose of providing summer school education programs, to include remedial programs, continuation of prescribed school programs, en richment school programs beyond prescribed school programs, accel erated school programs for gifted pupils, vocational school programs, special programs of education enumerated or coming within the scope of provisions of Section 9, and such other education programs as may be approved by the State Board: Provided, however, that all such programs shall meet and be offered in accordance with minimum standards, requirements and criteria as may be prescribed by the State Board. Teachers and other professional school personnel em ployed full time or part time during such period shall be paid addi tional salary based on the State minimum monthly salary schedule, in proportion to the time and services rendered by such personnel. No additional State funds shall be allotted to local units in support of such programs unless specific provision is made therefor by the State Board. The State Board of Education is hereby authorized, to the extent that funds may be available, to allot additional State funds to local units in support of all or any one or more of such summer school education programs. The extent to which additional State funds may be allotted local units in support of any one or more of such programs shall be determined by the State Board, but shall not in any event exceed the ratio of State funds to local funds made available to the local unit during the preceding school year in support of the calculated cost of providing an adequate program for education in the local unit during that school year. The State Board is authorized to determine the relative need for establishment of any one or more of the various summer school education programs
enumerated above, to establish priorities for implementation of such
programs, and to allot funds available for this purpose to local units
of administration in support of those programs which the State Board
may, in its discretion, deem to be most worthy of State financial
support."

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Section 28. Said Act is further amended by striking subsection (b) of Section 45 in its entirety and substituting in lieu thereof a new sub section (b) to read as follows:

"(b) The State Board of Education shall certify that a local unit of administration has a year-round operation for one or more grade levels (or equivalent age levels) for any educational program as provided for in Sections 4 through 9 and Sections 18 and 19, which meet the following criteria:

(1) that the operation of the program is for 220 official attend ance days or more constituting four quarters or any plan for yearround operation approved by the State Board of Education;

(2) that for a student's first 165 or more days constituting three quarters or an equivalent plan approved by the State Board of Edu cation, attendance shall be on a tuition free basis; and

(3) that the program is offered for all official attendance days in accordance with minimum standards, requirements and criteria as may be prescribed by the State Board."

Section 29. Said Act is further amended by striking from the first sentence of subsection (g) of Section 48 the following, "1951-52 and", and by striking from the end of said sentence the word, "programs" and inserting in lieu thereof the word, "program", so that when so amended subsection (g) of Section 48 shall read as follows:

"(g) Notwithstanding the foregoing provisions of this Section, the State Board of Education shall hereafter annually allot to or on behalf of each local unit of administration State capital outlay funds sufficient to meet commitments for allocation of State capital outlay funds entered into by and between the State Board of Educa tion and the boards of education of local units of administration under the 1960-61 State school building program. The State Board of Education shall make such allotments of State capital outlay funds from any funds available to the State Board of Education."

Section 30. Said Act is further amended by striking Section 56 in its entirety and substituting in lieu thereof a new Section 56 to read as follows:
"Section 56. Schedule of Minimum Salaries; Supplementing Salaries by Local Units. The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a 10-month basis and which shall be paid by local units of ad ministration to the various classifications of professional personnel required to be certificated by the State Board. Said minimum salary schedule shall be established on an index basis, and shall provide a minimum base salary for each classification of professional personnel required to be certificated, shall provide for increment increases above the minimum base salary of each classification of such personnel based upon the individual experience and length of service of such person-

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nel and such other uniformly applicable factors as the State Board may, in its discretion, find relevant to the establishment of such a schedule, and shall include an annual increase equal to or greater than the increase in the cost of living as determined by the U. S. Department of Labor, Bureau of Labor Statistics until such time as Georgia teachers' salaries reach the national average, provided, however, that if the latest available revenue growth rate for Georgia is less than the cost of living increase called for in this Section, the increase shall be not less than the cumulative revenue growth rate for Georgia as reported by the Georgia Department of Revenue through December 31 of the preceding calendar year. Said minimum salary schedule shall in all other respects be uniform, with no dif ferentiation being made on the basis of subjects or grades taught. The State Board is hereby authorized to modify and adjust the minimum salary schedule at such times and in such manner as the Board may, in its-discretion, find reasonably necessary and advisable for the more efficient operation of the public schools of this State. An index salary schedule shall be construed to mean a type of salary schedule established upon a set of relationships respecting salaries to be paid personnel according to various classifications, such relationships to be expressed as ratios which are above or below an index value of 100 to be attributed to certificated pro fessional personnel with a bachelor's degree and no experience. All State funds now or hereafter made available to the State Board for the purpose of paying salaries of teachers or other certificated pro fessional personnel employed by local units of administration shall be made available to local units and to such personnel employed by them in accordance with the index schedule of minimum salaries. Local units of administration shall not pay to any teacher or other certificated professional personnel in its employment a salary less than that prescribed by the index schedule of minimum salaries. Local units of administration may, however, supplement the salaries of such personnel, and in fixing the amount thereof may take into con sideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and individual worth of the particular personnel whose salary is being supplemented. Supplements paid shall, in all other respects, be uniform."

Section 31. Said Act is further amended by striking the word "Sec tion" where it appears in the last sentence of Section 65 and inserting in lieu thereof the word "Act" so that when so amended Section 65 shall read as follows:

"Section 65. Financial Procedures Established. For the purpose of promoting economy and efficiency in the financial operation of local school systems, keeping all school expenditures within estimated receipts and balances, and to facilitate financial review audits of local school system operations and to determine conformance of school op erations with provisions of law, the State Board of Education is hereby authorized to establish a uniform budget and accounting sys tem and to establish uniform regulations to be implemented by local school boards. These regulations shall include, but not be limited to, the following: (a) forms, (b) classifications of accounts, (c) codes for data processing machines, and (d) regular reporting procedures.

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In addition, the State Board of Education is authorized to prescribe information that must be submitted to the State Board and the time it must be submitted. In order to ensure compliance with this Act, the State Board is authorized to establish a Financial Review Section for the limited purpose of reviewing financial records and accounting of local boards."

Section 32. Said Act is further amended by striking the word "of" where the same appears in Section 69 between the word "Program" and the word "Education" and inserting in lieu thereof the word "for", so that when so amended Section 69 shall read as follows:

"Section 69. Withholding of Funds from Local Units; Appeal. In the event a local unit of administration shall fail to comply with any provision of this Act, or other school laws, or any provision of rules, regulations, policies, standards or requirements established by the State Board, or the terms of any contract with the State Board, the State Board may, in its discretion, withhold from such local unit all or any part of the State-contributed Adequate Program for Edu cation in Georgia funds allotted to such local unit under provisions of this Act until such time as full compliance is made by the local unit. The State Board shall, before withholding such funds, notify the local unit of its intention to withhold such funds and state the reasons for such action. The board of education of the local unit shall be entitled to a hearing on such matter before such funds are withheld provided the local board requests such hearing within 30 days from receipt of such notification. If the local board of education feels itself ag grieved by the final decision of the State Board following such hearing, the local board shall have the right to obtain judicial review of such decision, on the record made before the State Board, by filing an appeal in the superior court of the county of the local unit affected. Such appeal shall plainly specify the decision complained of, the questions in dispute, the decision of the State Board, the relief sought by the local board, and the contentions of the local board. Said appeal shall be based upon the record as a whole established at the time of the hearing before the State Board. A transcript of the testimony and other evidence adduced before the State Board at the time of such hearing shall be prepared and certified as true and correct by the State Superintendent of Schools and filed in the court within 30 days after date of service of a copy of the appeal upon the State Superintendent of Schools, or within such other time as the court may allow. The decision of the State Board on appeal shall not be set aside if based upon any substantial evidence in the record, considering the record as a whole. The court may, in its discretion, whether or no the same be prayed for in the appeal, remand such matter for future proceedings or findings on such discretion, whether or not the same be prayed for in the appeal, Proceedings for review of the final judgment of the court shall follow the same course which is now or may hereafter be prescribed for other civil actions in the superior court."

Section 33. Said Act is further amended by striking Section 70 in its entirety and substituting in lieu thereof a new Section 70 to read as follows:

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"Section 70. Distribution of State Funds. The State Board of Education shall, by regulation, provide for distribution of State funds allotted to local units under this Act and budgets approved by the State Board. In determining the time and manner for distribution of State funds, the State Board may, in its discretion, consider the time at which local school tax funds shall be collected and made available to the several local units of administration, and is hereby authorized to provide for distribution of State funds to local units at such times and in such manner as will most likely meet the periodic needs of local units for the State allotted funds, provided State funds appropriated for such purposes are available at such times. State funds to be distributed to local units under provisions of this Act shall be withdrawn from the State treasury on requisitions to be signed by the State Superintendent of Schools, which shall be signed in accordance with the provisions of such regulations and directions of the State Board."

Section 34. Said Act is further amended by striking Section 73 in its entirety and substituting in lieu thereof a new Section 73 to read as follows:

"Section 73. Laws Specifically Repealed. The following laws or parts or Sections of laws are hereby specifically repealed in their entirety:

(a) An Act known as the 'Minimum Foundation Program of Education Act', approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended.

(b) An Act providing for the education of exceptional children, approved March 7, 1968 (Ga. Laws 1968, p. 120).

(c) An Act known as the 'Cooperative Educational Service Agencies Act', approved March 27, 1972 (Ga. Laws 1972, p. 550).

(d) Code Section 32-509, relative to the preparation of a text on civics by the State Superintendent of Schools.

(e) Code Section 32-705, relative to courses of study in health and hygiene, the nature of alcoholic drinks and narcotics, the ele ments and principles of agriculture and the elements of civil govern ment and relative to the reading of the Bible in schools receiving State funds.

(f) Code Section 32-706, relative to instruction in essentials of United States and State Constitutions and the study of American institutions and ideals, as amended by an Act approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 532).

(g) An Act providing that the State Board of Education shall prescribe and approve textbooks for a course in Federal and State government to be taught in high schools, approved March 11, 1953

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(Ga. Laws 1953, Jan.-Feb. Sess., p. 587), as amended by an Act approved March 28, 1973 (Ga. Laws 1973, p. 191).

(h) Code Chapter 32-15, relative to the school year, scholastic month and the observance of special days, as amended.

(i) An Act authorizing the State Board of Education to provide educational and training services for severely mentally retarded chil dren, approved March 21, 1958 (Ga. Laws 1958, p. 206).

(j) An Act providing for the education and rehabilitation of children of public school age who are deaf, mute and/or blind for which there are no facilities for education or rehabilitation in Georgia, approved March 21, 1969 (Ga. Laws 1969, p. 110).

(k) An Act enabling local units of administration to provide for, establish and maintain courses and classes in and/or schools for speech correction and rehabilitation of those deaf, or having defective hearing, or speech, by oral methods, approved March 8, 1945 (Ga. Laws 1945, p. 312).

(1) An Act authorizing the State Department of Education and county and independent boards of education to expend State and local funds to teach deaf, hearing impaired, and speech handicapped children of preschool age, approved April 23, 1969 (Ga. Laws 1969, p. 613).

(m) An Act known as the 'Early Childhood Development Act', approved March 31, 1972 (Ga. Laws 1972, p. 722)."

Section 35. Said Act is further amended by striking from Section 74 the figure "76" and inserting in lieu thereof the figure "73", so that when so amended Section 74 shall read as follows:

"Section 74. Construction. To the extent that the provisions of this Act conflict with the provisions of any heretofore existing laws not specifically repealed by Section 73 of this Act, it is the intention of the General Assembly that the provisions of this Act shall con trol, but to the extent that such laws do not conflict with the provisions of this Act, then this Act is hereby declared to be cumulative of and supplemental to such heretofore existing laws."

Section 36. 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 108, nays 0.

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

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

SB 205. By Senators Lewis of the 21st, Overby of the 49th, Banks of the 17th and others:
A Bill to amend an Act providing for a new exclusive procedure for per sons whose liberty is being restrained by virtue of a sentence imposed against them by any State court of record, as amended, so as to provide certain grounds shall be considered waived in such cases under certain conditions; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act providing for a new exclusive procedure for persons whose liberty is being restrained by virtue of a sentence imposed against them by any State court of record, approved April 18, 1967 (Ga. Laws 1967, p. 835), as amended, particularly by an Act approved April 19, 1973 (Ga. Laws 1973, p. 1315), so as to provide that certain grounds shall be considered waived unless the court con sidering the petition excuses the waiver for cause shown; to authorize the court to receive proof by sworn affidavits; to change certain time limits when proof is to be made by a deposition upon written questions; to require judicial certification as a prerequisite to appeal in cases decided adversely to the petitioner and to establish the procedure for obtaining such certification and for pursuing such appeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for a new exclusive procedure for per sons whose liberty is being restrained by virtue of a sentence imposed against them by any State court of record, approved April 18, 1967 (Ga. Laws 1967, p. 835), as amended, particularly by an Act approved April 19, 1973 (Ga. Laws 1973, p. 1315), is hereby amended by striking in its entirety paragraph (1), entitled "Grounds for Writ." of Section 50127, enacted by Section 3 of the Act of April 18, 1967, as amended, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Grounds for Writ. Any person imprisoned by vitrue of a sentence imposed by a State court of record who asserts that in the proceedings which resulted in his conviction there was a substantial denial of his rights under the Constitution of the United States or of the State of Georgia or the laws of the State of Georgia may institute

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a proceeding under this Section. Except for objections relating to the composition of a grand or traverse jury, rights conferred or secured by the Constitution of the United States shall not be deemed to have been waived unless it is shown that there was an intentional relinquishment or abandonment of a known right or privilege which relinquishment or abandonment was participated in by the party and was done voluntarily, knowingly, and intelligently. The right to object to the composition of the grand or traverse jury will be deemed waived under this Section, unless the person challenging the sentence shows in the petition and satisfies the court that cause exists for his being allowed to pursue the objection after the conviction and sentence has otherwise become final."

Section 2. Said Act is further amended by striking in its entirety paragraph (7) of Section 50-127, enacted by Section 3 of the Act of April 18, 1967, as amended, and inserting in lieu thereof a new paragraph (7) to read as follows:

"(7) Disposition in the Trial Court.

(a) The court may receive proof by depositions, oral testimony, sworn affidavits, or other evidence.

(b) The taking of depositions or depositions upon written ques tions, by either party, shall be governed by the provisions of Sections 26, 27, 28, 29, 30, 31, 32 and 37 of an Act to comprehensively and exhaustively revise, supersede and modernize pretrial, trial and posttrial procedures in civil cases, approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, particularly by an Act approved March 27, 1972 (Ga. Laws 1972, p. 510) ; provided, however, that the time allowed in Section 31 of said Act for service of cross-questions upon all other parties shall be ten days from the date the notice and writ ten questions are served.

(c) If sworn affidavits are intended by either party to be in troduced into evidence, the party intending to introduce the affidavit shall cause it to be served upon the opposing party at least five days in advance of the date set for a hearing in the case. The affidavit so served shall be accompanied by a notice of the party's intention to introduce it into evidence. The superior court judge considering the petition for writ of habeas corpus may resolve disputed issues of fact upon the basis of sworn affidavits standing by themselves.

(d) If the court finds in favor of the petitioner, it shall enter an appropriate order with respect to the judgment or sentence chal lenged in the proceeding and such supplementary orders as to rearraignment, retrial, custody, or discharge as may be necessary and proper. In all cases the court shall dispose of the matter as law and justice require."

Section 3. Said Act is further amended by striking paragraph (11) of Section 50-127, enacted by Section 3 of the Act of April 18, 1967, as

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amended, by striking it in its entirety and inserting in lieu thereof a new paragraph (11) to read as follows:

"(11) Practice as to Appeals.

(a) Appeals in habeas corpus cases shall be governed by the Appellate Procedure Act of 1965, approved February 19, 1965 (Ga. Laws 1965, p. 18), as now or hereafter amended, except that as to final orders of the court which are adverse to the petitioner, no appeal shall be allowed unless a justice of the Supreme Court of Georgia shall issue a certificate of probable cause for such appeal.

(b) Within 30 days from the entry of the order denying relief to the petitioner, a written application for a certificate of probable cause to appeal must be filed with the clerk of the Supreme Court of Georgia, if the unsuccessful petitioner desires to appeal. The peti tioner shall also file, within the same period, a notice of appeal with the clerk of the concerned superior court. A justice of said appellate court shall either grant or deny the application within a reasonable time after filing. So the justice may fully consider the request for a certificate, the clerk of the concerned superior court shall forward as in any other case, the record and transcript if designated, to the clerk of the Supreme Court of Georgia when a notice of appeal is filed. The clerk of the concerned superior court need not prepare and retain and the court reporter need not file, a copy of the original record and a copy of the original transcript of proceedings. The clerk of the Supreme Court of Georgia shall return the original record and transcript to the clerk of the concerned superior court upon comple tion of the appeal if the certificate is granted. If the justice of the Supreme Court of Georgia denies the application for a certificate of probable cause, the clerk of the Supreme Court of Georgia shall return the original record and transcript and notify the clerk of the concerned superior court and the parties to the proceedings below of the determination that probable cause does not exist for appeal.

(c) If the trial court finds in favor of the petitioner, no certificate of probable cause need be obtained by the respondent as a condition precedent to appeal. A notice of appeal filed by the re spondent shall act as a supersedeas and stay the judgment of the superior court until there is a final adjudication by the appellate court; provided, however, that while such case is on appeal, the petitioner may be released on bail as is now provided for in criminal cases, except where the petitioner has been convicted of a crime over which the Supreme Court of Georgia has jurisdiction to consider on direct appeal. The right to bail and the amount of bond shall be within the discretion of the judge of the superior court where the sentence successfully challenged under this Act was originally imposed."

Section 4. This Act shall become effective when signed into law by the Governor or when allowed to become law without the Governor's signature.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

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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 101, nays 0.

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

HB 598. By Representative Burruss of the 21st:
A Bill to amend the "Georgia State Speech Pathology and Audiology Licensing Act" so as to provide additional circumstances under which a license may be granted to certain applicants; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend the "Georgia State Speech Pathol ogy and Audiology Licensing Act", approved March 26, 1974 (Ga. Laws 1974, p. 1009), so as to provide additional circumstances under which a license may be granted to certain applicants; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The "Georgia State Speech Pathology and Audiology Licensing Act", approved March 26, 1974 (Ga. Laws 1974, p. 1009), is hereby amended by deleting in its entirety subsection (d) of Section 9 and substituting in lieu thereof the following:
"(d) Until one year after the effective date of this Act, the Board may waive the examination, educational and experiential re quirements of Section 8 and grant licensure upon payment of fees to those applicants who hold a baccalaureate degree with a major in speech pathology or audiology, who, on the effective date of this Act, have been engaged full time in Georgia in the practice of speech pathology or audiology for not less than two years immediately prior to the effective date of this Act, or have had equivalent experience of not less than one-half time or fifteen hours per week over a time span not to exceed five years as determined to be acceptable by the Board, and who present, prior to July 1, 1975, proof of bona fide practice to the Board in a manner prescribed by regulations promul gated by the Board."
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.

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

On the passage of the Bill, by substitute, the ayes were 104, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 450. By Representative Lane of the 40th:
A Bill to provide certain requirements in connection with blasting or excavating in the vicinity of certain underground utility facilities; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act providing certain require ments in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities, approved March 6, 1969 (Ga. Laws 1969, p. 50), as amended by an Act approved March 10, 1970 (Ga. Laws 1970, p. 226), so as to provide that gas companies shall file with the clerk of the superior court the name and certain other information concerning the source from which information respecting the location of their underground gas pipes and facilities may be obtained; to pro vide for the maintenance of a file for such materials by such clerks and the fees therefor; to provide for the filing of such information by municipal gas distribution systems; to provide that with certain excep tions no person shall engage in blasting or excavating with mechanized excavating equipment until certain notice has been given to gas com panies and certain other conditions have occurred; to provide for the contents of such notice and such other conditions; to provide that the gas companies involved will furnish certain information concerning the location of their underground gas pipes and other facilities within a designated time; to provide certain exceptions with respect to work by or for the State, counties, municipal corporation and agencies thereof; to provide that location information furnished must be accurate; 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 certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities, approved March 6, 1969 (Ga. Laws 1969, p. 50),

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as amended by an Act approved March 10, 1970 (Ga. Laws 1970, p. 226), is hereby amended by striking Section 3 thereof in its entirety and substituting in lieu thereof a new Section 3 to read as follows:

"Section 3. Each gas company who maintains underground gas pipes or facilities within any county of this State shall file with the clerk of the superior court of such county the name, address and telephone number of the office, department or other source from or through which information may be obtained during normal hours on business days respecting the location of the pipes and gas facilities of such gas company within said county. Each gas com pany from time to time shall make such further and additional filings as may be necessary to keep current the designation, address and telephone number of such source for such gas company. Municipal gas distribution systems shall not be required to make such filings in the office of the clerk of the superior court but shall maintain such information in the office of the clerk of such city, or in the office of the superintendent of the gas department of such city or in the office of the utility commission of such city."

Section 2. Said Act, as amended, is further amended by striking Section 4 thereof in its entirety and substituting in lieu thereof a new Section 4 to read as follows:

"Section 4. The clerk of the superior court in each county of this State shall:

(a) maintain a file for the written information to be filed by gas companies in accordance with the provisions of this Act and make the same available for public inspection;

(b) mark the date and hour of filing of all written materials filed in accordance with the provisions of this Act;

(c) charge a uniform fee for the filing of such written ma terials of one dollar ($1.00) per page."

Section 3. Said Act, as amended, is hereby further amended by striking Section 5 thereof in its entirety and substituting in lieu thereof a new Section 5 to read as follows:

"Section 5. (a) No person shall commence, perform or engage in blasting or in excavating with mechanized excavating equipment on any tract or parcel of land in any county in the State unless and until each of the following conditions has occurred:

(1) The person planning such blasting or excavating has, on or before the third business day preceding the day on which such work is planned to commence, given actual notice of such proposed work to the source designated and filed in such county by each gas company in accordance with the provisions of Section 3 of
this Act, which notice shall:

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(i) describe the tract or parcel of land upon which such blasting or excavation is to take place with sufficient particularity to enable the gas company to ascertain the precise tract or parcel of land involved;
(ii) state the name, address and telephone number of the person who will engage in such blasting or excavating;
(iii) describe the type of blasting or excavating to be engaged in by such person;
(iv) designate the date, no earlier than three (3) business days and no later than ten (10) days from the date of such notice, upon which such blasting or excavating will commence.

(2) The person planning such blasting or excavating has ascertained from each source filed in accordance with the provisions of Section 3 hereof the location of all gas pipes and facilities of
each gas company which are located upon said tract or parcel of land or within two hundred (200) feet thereof.

(b) Notwithstanding the foregoing, a person who engages in blasting or excavating with mechanized excavating equipment upon a tract or parcel of land which he owns shall not be required to give any notice under the provisions hereof with respect to under
ground gas pipes or facilities located in an easement or right-of-way upon, over or across such tract or parcel of land if such easement or right-of-way was granted by such person and the location of such underground gas pipes or facilities is known to him."

Section 4. Said Act, as amended, is further amended by striking Section 6 thereof in its entirety and substituting in lieu thereof a new Section 6 to read as follows:

"Section 6. Each gas company shall within three (3) business days following receipt of actual notice, as described above, to the source filed in accordance with the provisions of Section 5 hereof, or within such longer reasonable period as may be required under the circumstances, but in any event within five (5) business days:

(a) attempt to advise the person requesting such information by telephoning such person at the telephone number furnished by such person as aforesaid, or, if no such telephone number was furnished, by delivery personally or mailing by certified or regis tered mail, return receipt requested, the address furnished as aforesaid by such person, notice that (1) such gas company does not have underground gas pipes or facilities located upon such parcel or tract of land or within two hundred (200) feet thereof, or that (2) such gas company has staked or otherwise marked the surface of the land to indicate the location of such of its under ground gas pipes and other facilities as are located upon such tract or parcel of land and within two hundred (200) feet thereof."

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Section 5. Said Act, as amended, is further amended by redesignating existing Sections 11, 12 and 13 thereof as Sections 13, 14 and 15, respectively, and by adding two new Sections, to be designated Sections 11 and 12, to read as follows:

"Section 11. The provisions of this Act shall not apply to any work, including blasting or excavating with mechanized equipment, administered, performed by, contracted for or let by a municipal corporation, a county or by the State or any instrumentality, de partment, board, agency or authority of a municipal corporation, a county or the State, including any such work when performed by contractors or subcontractors of any of the same.

Section 12. (a) For the purposes of this Act, information concerning location of underground gas pipes or facilities given by such gas company to any person must be accurate to within twenty-four (24) inches. If any underground gas pipes or facilities become damaged due to inaccurate location information furnished by such gas company, all liabilities imposed by this Act shall not apply.

(b) Upon documented evidence that the person seeking location information has incurred losses or expenses due to inaccurate in formation, lack of information or unreasonable delays in supplying information by such gas company, the gas company shall be liable to that person for his losses."

Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Lane of the 40th moved that the House disagree to the Senate substitute to HB 450.

The motion prevailed and the Senate substitute to HB 450 was disagreed to.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 105. By Senators Lester of the 23rd, Riley of the 1st, Holley of the 22nd and others:
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 prop erty; and for other purposes.

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An amendment, offered by Representative Beck of the 148th, was read.

An amendment to the Beck amendment, offered by Representative Childers of the 15th, was read and lost.

The Beck amendment was lost.

An amendment, offered by Representative Cole of the 6th, was read and lost.

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

On the passage of the Bill, the ayes were 111, nays 4.

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

The following Resolution of the Senate was read:

SR 167. By Senator Eldridge of the 7th:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the General Assembly adjourn at 6:00 p.m. on March 13, 1975, and reconvene at 10:00 a.m. on March 18, 1975.

An amendment, offered by Representative Larsen of the 119th, was read and lost.

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

Those voting in the affirmative were Representaitves:

Alexander Bailey Battle Baugh Beck Berry Blackshear Bolster

Bowman Bray Brown Burruss Carlisle Games Carrell Castleberry

Chance Childs Clark, Betty Clark, L. Clifton Cole Coleman Collins

Colwell Connell Cox Culpepper Daugherty Dean Dent Dixon Dover Evans, W. D. Felton Foster, R. L. Gammage Glanton Glover Greer Hamilton Harden Harris, B. B. Harris, J. G. Harris, J. F. Hatcher Hawkins Hays Hill, B. L. Hill, G. Holmes Horton Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin

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Jackson Jessup Johnson, W. R. Jones Jordan Karrh Keyton Knight Lambert Lane, Dick Lee Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald Miles Milford Mostiler Mullinax Nessmith Nix Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters Phillips, L. L.

Phillips, W. R. Pinkston Randall Ray Reaves Richardson Ross Rush Russell, J. Russell, W. B.
Sams Scott Shanahan Sheats Sizemore Smith, J. R. Smyre Snow Sweat Taggart Thomason Thompson Triplett Tucker Twiggs Vaughn Waddle Wall Ware White Whitmire Williams
Wood

Those voting in the negative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Banks Beckham Calhoun Carter Childers Crawford Davis Egan Elliott

Evans, B. Foster, P. W. Gignilliat
Ham Johnson, R. Kilgore King Larsen, G. K. Larsen, W. W. Leggett Leonard Linder

Petro Phillips, R. T. Sigman Smith, V. B. Stone Tolbert Toles Townsend Walker Watson West Williamson

Those not voting were Representatives:

Bargeron Buck Burton

Carr Cooper Edwards, C. W.

Edwards, W. Fraser Harrison

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JOURNAL OF THE HOUSE,

Matthews, C. McKinney Rainey

Wheeler Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 125, nays 36.

The Resolution was adopted.

Representative Adams of the 36th stated that he intended to vote "aye" on the adoption of SR 167.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 271. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A Bill to amend an Act known as the "Georgia Peace Officers Standards and Training Act", as amended, so as to provide that the membership of the Council shall include the Commissioner of the Department of Public Safety or his designee; and for other purposes.

By unanimous consent, further consideration of SB 271 was postponed until the next legislative day, immediately after the period of unanimous consent.

The Speaker announced the House in recess until 1:40 o'clock, P.M., this day.

AFTERNOON SESSION
The Speaker Pro Tern called the House to order.
Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time:
SR 108. By Senator Riley of the 1st: A Resolution authorizing the State Properties Commission to grant and convey to Marcona Terminal Company, an easement located in Chatham County; and for other purposes.

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3007

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 90, nays 0.

The Chair voted "aye".

On the adoption of the Resolution, the ayes were 91, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
Accompanied by a large, informal Committee of Escort, Representative Chappelle Matthews of the 63rd entered upon the floor of the House Chamber to the exuberant ovation of the members of the House. Representative Matthews, who early this session underwent vascular surgery about the heart, addressed the House expressing his love of the House of Representatives and his respect for every member thereof.

The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate substitute or amendments thereto:

HB 665. By Representatives Lambert of the 112th, Murphy of the 18th, Vaughn of the 57th, Connell of the 87th and others:
A Bill to amend an Act known as the Executive Reorganization Act of 1972, so as to authorize the Governor to direct and implement such internal reorganization of the Department of Human Resources as he may find necessary to improve the management and administration of the functions assigned to the Department; and for other purposes.

The following Senate amendment was read:
The Senate moves to amend HB 665 by striking from Section 1, page 2, line 25, the following:
"April 1, 1977" and inserting in lieu thereof the following: "April 1, 1976".

Representative Lambert of the 112th moved that the House agree to the Senate amendment to HB 665.

On the motion, the ayes were 92, nays 0.

The motion prevailed and the Senate amendment to HB 665 was agreed to.

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HR 155-655. By Representatives Phillips of the 120th, Glanton of the 66th and others:
A Resolution designating the Engineering Experiment Station at Geor gia Tech at the Georgia Productivity Center; and for other purposes.

The following Senate amendment was read:
The Senate moves to amend HR 155-655 by deleting on page 2, line 16, the words:
"establish a State policy which will".

Representative Phillips of the 120th moved that the House agree to the Senate amendment to HR 155-655.

On the motion, the ayes were 108, nays 0.

The motion prevailed and the Senate amendment to HR 155-655 was agreed to.

HB 174. By Representatives Lambert of the 112th, Carlisle of the 71st, Phillips of the 120th and others:
A Bill to provide for the establishment and implementation of a State wide comprehensive soil erosion and sediment control program; and for other purposes.

The following Senate substitute was read:
The Senate Committee on Natural Resources and Environmental Quality offers the following substitute to HB 174:
A BILL
To be entitled an Act to provide for the establishment and imple mentation of a Statewide comprehensive soil erosion and sediment control program to conserve and protect land, water, air and other resources of the State; to provide a short title; to provide legislative findings and a declaration of policy; to provide definitions; to provide minimum standards for rules and regulations, ordinances and resolutions governing land-disturbing activities; to provide for local ordinances governing land-disturbing activities; to provide for the development and adoption 'of rules and regulations governing land-disturbing activities in certain counties and municipalities; to provide that certain landdisturbing 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 the review and approval of erosion and sediment control plans submitted pursuant to this Act; to provide for the issuance, denial, suspension, revocation, and modification of permits;

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to provide for exceptions; to provide for judicial review; to provide that the provisions of this Act shall not authorize certain acts or the violation of certain statutes and rules and regulations; to provide the procedures connected with the foregoing; 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. This Act shall be known and may be cited as the "Erosion and Sedimentation Act of 1975."

Section 2. It is hereby found that soil erosion and sediment dis position 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 move ment 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 con trol activities and programs of this State and to provide for the estab lishment 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 now or hereafter amended;
(2) granite quarrying and land clearing for such quarrying;

(3) 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;

(4) the construction of single-family residences when such are constructed by or under contract with the owner for his own occu pancy;
(5) agricultural practices involving the establishment, cultiva tion or harvesting of products of the field or orchard, preparing

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and planting of pasture land, forestry land management practices including harvesting, farm ponds, dairy operations, and livestock and poultry management practices, and the construction of farm buildings;
(6) any project carried out under the technical supervision of the Soil Conservation Service of the United States Department of Agriculture;
(7) 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 lejast a land area of 100 square miles;

(8) construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Trans portation, the Georgia Highway Authority, or the Georgia Tollway Authority, or any county or any municipality of this State;

(9) any activity for which bids have been let or a construction contract signed prior to the date upon which a local ordinance or board regulation for a local government becomes effective; provided that, said undergoing activity is completed within 12 months after the effective date of said ordinance or regulation.

(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" includes any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership or corporation.

(e) "Committee" means the State Soil and Water Conservation Committee.
(f) "Board" means the Board of Natural Resources.
(g) "Division" means the Division of Environmental Protection of the Department of Natural Resources.

(h) "District" means any one of the Soil and Water Conservation Districts of the State of Georgia.

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(i) "Soil and Water Conservation District approved plan" means an erosion and sediment control plan approved in writing by a Soil and Water Conservation District.
(j) "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:
(a) Stripping of vegetation, regrading and other development activities shall be conducted in such a manner so as to minimize erosion.
(b) Cut-fill operations must be kept to a minimum.
(c) Development plans must conform to topography and soil type so as to create the lowest practical erosion potential.
(d) Whenever feasible, .natural vegetation shall be retained, pro tected and supplemented.
(e) The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum.
(f) Disturbed soil shall be stabilized as quickly as practicable.

(g) Temporary vegetation or mulching shall be employed to protect exposed critical areas during development.

(h) Permanent vegetation and structural erosion control measures must be installed as soon as practicable.

(i) 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.

(j) Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping surfaces of fills.

(k) Cuts and fills may not endanger adjoining property.

(1) Fills may not encroach upon natural water courses or con structed channels in a manner so as to adversely affect other property owners.

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(m) 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.
Section 5. The governing authority of each county and each .mu nicipality shall adopt a comprehensive ordinance establishing the pro cedures governing land-disturbing activities which are conducted within their respective boundaries. Such ordinances shall contain provisions which conform to the minimum requirements set forth in Section 4 of this Act, and may contain provisions which are more stringent than those provided in this Act. Provided, however, that Local Governing Authorities shall have the authority, by such ordinance, to delegate in total or in part the responsibilities of the governing authorities as set forth in this Act, to any constitutional or statutory local planning and zoning commission.

Section 6. Two years after the effective date of this Act, the Board, by appropriate rules and regulations, shall adopt the procedures governing land-disturbing activities which are conducted in those coun ties and municipalities which do not have in effect an ordinance con forming to the provisions of this Act. Such rules and regulations shall be developed by the Division with the advice and consent of the Com mittee and the appropriate district 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 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 application for such permit shall be made to and the permit shall be issued by the governing authority of the municipality in which such land-disturbing 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 accordance 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 as soon as prac ticable after the application therefore is filed with the issuing authority, but in any event not later than 45 days.

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Section 9. Immediately upon receipt of an application for a permit, the application and plan for sediment and erosion control shall be referred to the appropriate District wherein such land-disturbing activi ties are proposed to take place for its review and recommendations con cerning the adequacy of the erosion and sediment control plan proposed 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 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 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 condi tions; or that the holder is in violation of any ordinance, resolution, rule or regulation adopted or promulgated pursuant to this Act.

Section 11. A permit for land-disturbing activities to be conducted by any airport authority or by any public utility under the regulatory jurisdiction of the Public Service Commission shall not be required. However, any such land-disturbing activity should conform as may be feasible and practicable to the minimum requirements set forth in Sec tion 4 of this Act.

Section 12. Any person aggrieved by a decision or order of the issuing authority, after exhausting this 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 13. No provision of this Act shall authorize any person to violate, or to pollute any waters of this State as defined by, any pro visions of the "Water Quality Control Act," approved March 11, 1964 (Ga. Laws 1964, p. 416), as now or hereafter amended, or the rules and regulations promulgated and approved thereunder.

Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 15. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Phillips of the 120th moved that the House agree to the Senate substitute to HB 174.

On the motion, the ayes were 95, nays 10.

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The motion prevailed and the Senate substitute to HB 174 was agreed to.

HB 617. By Representative Murphy of the 18th:
A Bill to be entitled an Act to amend Code Section 92-1417, relating to the procedures for the collection of delinquent taxes on motor fuel, so as to provide certain exemptions; and for other purposes.

The following Senate amendment was read:
The Senate moves to amend HB 617 by striking on page 1, lines 5 and 6, the words "such fuel shall not be subject to the", and by inserting in lieu thereof the words "that type of fuel shall be exempt from"; and
By striking quoted subsection (D) in Section 1 in its entirety and inserting in lieu thereof a new quoted subsection (D) of Section 1, to reads as follows:
"(D) In those instances where a sale of motor fuel, other than gasoline, has been made to an ultimate consumer who has both highway and nonhighway uses of that type of motor fuel and no tax has been collected on such sale, when it shall be demonstrated to the satisfaction of the Commissioner that no portion of such motor fuel was used for highway purposes, such sales shall be exempt from the tax imposed by this Chapter and no assessment of any such tax shall be made by the Commissioner.".

Representative Lambert of the 112th moved that the House agree to the Senate amendment to HB 617.

On the motion, the ayes were 103, nays 0.

The motion prevailed and the Senate amendment to HB 174 was agreed to.

HB 297. By Representatives Matthews of the 145th, Buck of the 95th and others:
A Bill to provide for and declare the rights of the blind and visually handicapped persons to equal public accommodations and housing; and for other purposes.

The following Senate amendment was read:
The Senate moves to amend HB 297 by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows:
"Section 2. Penalty. Any person, firm, or corporation, or the agent of any person, firm, or corporation, who denies, or interferes

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with, admittance to or enjoyment of the facilities enumerated in subsections (a) and (c) or otherwise interferes with the rights of a totally or partially blind person under this Section shall be guilty of a misdemeanor and be punished by a fine not to exceed one hundred dollars ($100.00) or by imprisonment for not more than ten (10) days, or by both such fine and imprisonment."

Representative Matthews of the 145th moved that the House agree to the Senate amendment to HB 297.

On the motion, the ayes were 113, nays 0.

The motion prevailed and the Senate amendment to HB 297 was agreed to.

HR 204-869. By Representatives Murphy of the 18th, Greer of the 43rd and Triplett of the 128th:
A Resolution creating the George L. Smith II Georgia World Congress Center Authority Overview Committee; and for other purposes.

The following Senate amendment was read:
The Senate offers the following amendment:
Amend HB 204-869 by striking on page 2, line 1, the following sentence:
"The chairman of the committee shall be appointed by the Speaker of the House from the membership of the committee, and the vice chairman of the committee shall be appointed by the Presi dent of the Senate from the membership of the committee."
and
By inserting in lieu thereof a new sentence to read as follows:
"The chairman of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chairman of the committee shall be appointed by the Speaker of the House from the membership of the committee."

Representative Greer of the 43rd moved that the House agree to the Senate amendment to HR 204-869.

On the motion, the ayes were 111, nays 0.

The motion prevailed and the Senate amendment to HR 204-869 was agreed to.

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Representative Larsen of the 119th 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 and Resolutions of the House were taken up for consideration and read the third time:

HB 973. By Representative Walker of the 115th:
A Bill to amend Code Section 53-206, relating to proof of majority for the issuance of a marriage license, so as to provide that a driver's license may be used as proof of age; and for other purposes.

The following substitute, offered by Representative Rainey of the 135th, was read and adopted:
A BILL
To be entitled an Act to amend Code Section 53-202 relating to the application for a marriage license and the three-day waiting period, as amended, particularly by an Act approved March 10, 1972 (Ga. Laws 1972, p. 193), so as to change the provisions relative to the three-day waiting period, so as to delete therefrom the exception for applicants having reached the age of majority; to amend Code Section 53-206 relating to proof of majority for the issuance of a marriage license, as amended, particularly by an Act approved March 10, 1972 (Ga. Laws 1972, p. 193), so as to provide that a driver's license may be used as proof of age; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Code Section 53-202 relating to the application for a marriage license and the three-day waiting period, as amended, par ticularly by an Act approved March 10, 1972 (Ga. Laws 1972, p. 193), is hereby amended by striking from the second paragraph of said Code Section the following words:
"or unless both applicants have been proved to have reached the age of majority,",
and by striking from the second sentence of said second paragraph the figure "3", so that when so amended, Code Section 53-202 shall read as follows:
"53-202. Application for license; information as to impedi ments ; three-day waiting period.
A marriage license shall be issued on written application there for made by the person seeking such license, verified by oath of the

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3017

applicant, which application shall state that there is no legal im pediment to the marriage, and shall give the full name of the pro posed husband, with date of birth, present address, and name of his father and mother if known, and if unknown shall so state, with present name of the proposed wife with date of her birth and present address with the name of her father and mother if known, and if unknown shall so state, and shall be supported by affidavits of two
reputable citizens of the United States as to the truth of recitals in said application.

Provided, however, no marriage license shall be issued earlier than 3 days following the application therefor, unless the female applicant is pregnant and such pregnancy is proved by a certificate signed by a licensed physician of the State of Georgia, or unless the applicants are the parents of a living child born out of wedlock, in any of which events a marriage license may be issued immediate
ly. Any person who issues such license in violation of this para graph, unless the parties fall under the exceptions as hereinbefore mentioned, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as a misdemeanor. Such willful conduct shall constitute malpractice in office."

Section 3. Code Section 53-206, relating to proof of majority for the issuance of a marriage license, as amended, particularly by an Act approved March 10, 1972 (Ga. Laws 1972, p. 193), is hereby amended by striking from said Code Section the following:

"birth certificates,",

and inserting in lieu thereof the following:

"birth certificates, driver's licenses",

so that when so amended Code Section 53-206 shall read as follows:

"53-206. When the applicant claims that the parties have reached the age of majority, the judge of the probate court to whom the application is made shall satisfy himself that the applicant's contention as to their ages is true. If the judge of the probate court does not know of his own knowledge that both parties for whom a marriage license is sought have reached the age of majority, he shall require the applicants to furnish birth certificates, driver's licenses or baptismal certificates. In cases where the male applicant has not yet reached the age of majority and in cases where the female applicant has not yet reached her 16th birthday, in addition to parental consent, the underage applicant or applicants must sub mit evidence in the form of a physician's certificate that the female is pregnant or that both applicants are the parents of a living child born out of wedlock in which case the parties may be issued a mar riage license immediately. Applicants who have satisfactorily proved that they have reached the age of majority may be issued a mar riage license immediately. Physician's certificate shall include only

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those certificates signed by physicians licensed under Code Chapters 84-9 or 84-12."

Section 2. AH laws and parts of laws in conflict with this Act are hereby repealed.

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

On the passage of the Bill, by substitute, the ayes were 111, nays 0.

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

HB 937. By Representative Rainey of the 135th:
A Bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Com mission so as to change the provisions for disposing of contraband wild life, or parts thereof, which have been seized under the provisions of said Act; and for other purposes.

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

On the passage of the Bill, the ayes were 119, nays 0.

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

HR 159-701. By Representative Carlisle of the 71st, Lambert of the 112th, Taggart of the 125th, Walker of the 115th and Kreeger of the 21st:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a program of loans of up to $500 from the Board of Offender Rehabilitation to selected parolees upon their release from confinement, at a rate of interest to be set by the Board not to be lower than the average prime rate of interest being charged at the time of parole in the community in which the parolee is
paroled, and to authorize the General Assembly to provide the pro cedures for maikng such loans and to provide appropriations for such purposes; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

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3019

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

"Notwithstanding any other provisions of this Constitution, the General Assembly is authorized to provide by law for a program of loans of up to $500 by the Board of Offender Rehabilitation to selected parolees upon their release from confinement, at a rate of interest to be determined by the Board not to be lower than the average prime rate of interest being charged at the time of parole in the community in which the parolee is paroled. The General As sembly shall provide the procedures under which such loans shall be made and is authorized to provide appropriations for such purposes."

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

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

"( ) YES Shall the Constitution be amended so as to authorize the General Assembly to provide by law for a pro-
( ) NO gram of loans of up to $500 from the Board of Of fender Rehabilitation to selected parolees, upon their release from confinement, at a rate of interest to be set by the Board not to be lower than the average prime rate of interest being charged at the time of parole in the community in which the parolee is pa roled, and to authorize the General Assembly to pro vide the procedures for making such loans and to pro vide appropriations for such purposes?"

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

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

The following Committee substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a program of loans of up to $500 from the Board of Offender Rehabilitation to selected parolees upon their release from confinement, at a rate of interest to be set by the Board not to be lower than the average prime rate of interest being charged at the time of parole in the community in which the parolee is paroled, provided, however, that the continuation of the parole is contingent upon the repayment of the loan, and to authorize the General

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Assembly to provide the procedures for making such loans and to provide appropriations for such purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Art. VII, Sec. I, Para. II of the Constitution is hereby amended by adding at the end thereof the following:

"Notwithstanding any other provisions of this Constitution, the General Assembly is authorized to provide by law for a program of loans of up to $500 by the Board of Offender Rehabilitation to selected parolees upon their release from confinement, at a rate of interest to be determined by the Board not to be lower than the average prime rate of interest being charged at the time of parole in the community in which the parolee is paroled, provided, however, that the continuation of the parole is contingent upon the repay ment of the loan. The General Assembly shall provide the procedures under which such loans shall be made and is authorized to provide appropriations for such purposes."

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

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

"( ) YES Shall the Constitution be amended so as to authorize the General Assembly to provide by law for a pro-
( ) NO gram of loans of up to $500 from the Board of Of fender Rehabilitation to selected parolees upon their release from confinement, at a rate of interest to be set by the Board not to be lower than the average prime rate of interest being charged at the time of parole in the community in which the parolee is pa roled, provided, however, that the continuation of the parole is contingent upon the repayment of the loan, and to authorize the General Assembly to provide the procedures for making such loans and to provide ap propriations for such purposes?"

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

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

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3021

Representative Lambert of the 112th moved that further consideration of HR 159-701 be postponed until the next legislative day, immediately after the period of unanimous consent.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, John Adams, Marvin Alexander Bailey Bargeron Battle Beck Berry Brown Carlisle Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton Collins Colwell Connell Crawford Culpepper Dean Dixon Dover Egan Elliott Evans, B. Evans, W. D. Felton Gammage Gignilliat Glanton Glover Greer Ham Harden Harris, B. B.

Harris, J. G. Hatcher Hawkins Hays Hill, B. L. Holmes Horton Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson, R. Johnson, W. R. Jones Jordan Kilgore Knight Kreeger Lambert Larsen, G. K. Larsen, W. W. Lee Leggett Linder Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald Miles Milford Mostiler

Mullinax Nessmith Noble Oxford Parkman Parrish Patten, R. L. Peters Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Ray Richardson Ross Russell, W. B. Scott Shanahan Sheats Sizemore Smith, J. R. Smyre Snow Stone Sweat Thompson Toles Triplett Tucker Twiggs Vaughn
Waddle Walker Watson West Williams Wood

Those voting in the negative were Representatives:

Adams, G. D. Banks Bolster Bowman

Calhoun Carter Cooper Davis

Edwards, C. W. Foster, P. W. Harrison Hill, G.

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JOURNAL OF THE HOUSE,

Leonard McKinney Nix Owens Parham Sams

Sigman Smith, V. B. Tolbert Wall Williamson Wilson

Those not voting were Representatives:

Baugh Beckham Blackshear Bray Buck Burruss Burton Games Carr Carrell Cole Coleman

Cox Daugherty Dent Edwards, W. Foster, R. L. Fraser Hamilton Harris, J. F. Lane, W. J. Matthews, C. Patten, G. C. Petro

Randall Reaves Rush Russell, J. Taggart Thomason Townsend Ware Wheeler White Whitmire Mr. Speaker

On the motion, the ayes were 114, nays 30.

The motion prevailed and HR 159-701 was postponed.

HR 197-850. By Representatives Bolster of the 30th, Dean of the 29th, Stone of the 138th and others:
A Resolution finding and declaring the Atlanta Cyclorama to be of his toric value to the State and in need of certain repairs; and for other purposes.

An amendment, offered by Representatives Hill of the 127th, Triplett of the 128th and Taggart of the 125th, was read and ruled to be out of order by the Speaker.

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 Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander

Bailey Battle Baugh Beck

Berry Bolster Brown Burton

Carnes Carr Carter Castleberry Chance Childers Childs Clark, Betty Clifton Coleman Collins Colwell Connell Crawford Culpepper Daugherty Davis Dean Dent Dixon Dover Egan Elliott Evans, W. D. Pelton Poster, P. W. Gammage Gignilliat Glanton Glover Greer Hamilton Harden Harris, B. B. Harris, J. G. Harris, J. F. Hatcher Hawkins Hays Hill, B. L. Hill, G.

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3023

Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jackson Jessup Johnson, W. R. Jones Jordan Keyton Kilgore Knight Lambert Lane, Dick Larsen, G. K. Lee Leggett Leonard Linder Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McKinney Miles Milford Mullinax Nessmith Noble Owens Oxford Parham Parkman Parrish

Patten, G. C. Patten, R. L. Peters Phillips, L. L. Phillips, R. T. Rainey
Ray Reaves Richardson Ross Russell, J. Russell, W. B. Sams Scott Shanahan Sheats Sigman Smith, V. B. Smyre Snow Stone Sweat Taggart Thomason Thompson Tolbert Toles Townsend Triplett Tucker Twiggs Vaughn Waddle Walker Wall White Whitmire Williams Williamson Wood

Those voting in the negative were Representatives:

Banks Bargeron Beckham Bowman Bray Carlisle Carrell Cole Cooper

Cox Edwards, C. W. Foster, R. L. Ham Harrison Irwin Johnson, R. Karrh King

Kreeger Larsen, W. W. Mostiler Phillips, W. R. Sizemore Smith, J. R. West Wilson

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Those not voting were Representatives:

Blackshear Buck Burruss Calhoun Clark, L. Edwards, W. Evans, B.

Fraser Lane, W. J. Matthews, C. McDonald Nix Petro Pinkston

Randall Rush Ware Watson Wheeler Mr. Speaker

On the adoption of the Resolution, the ayes were 134, nays 26.

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

HB 890. By Representative Collins of the 144th:
A Bill to regulate the storage and sale of flue-cured tobacco unsold in the year of production and stored for sale in the subsequent selling season; and for other purposes.

The report of the Committee, which was favorable to the 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 Representatives:

Adams, G. D. Adams, John
Adams, Marvin Alexander Bailey Bargeron Battle Baugh Beck Beckham Berry Blackshear Bolster Bowman Bray Brown Burruss Burton Carlisle Games Carr Carrell

Carter Castleberry
Chance Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman Collins Connell Cox Crawford Daugherty Davis Dixon Dover Elliott Evans, B. Evans, W. D. Felton

Foster, P. W. Foster, R. L.
Gignilliat Glanton Glover Greer Ham Hamilton Harden Harris, B. B. Harris, J. G. Harris, J. F. Hawkins Hays Hill, B. L. Hill, G. Holmes Horton Howard Howell Hudson Hutchinson

THURSDAY, MARCH 13, 1975

3025

Irvin, J. Jackson Jessup Johnson, W. R. Jones Jordan Karrh Keyton Kilgore King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee Leonard Linder Logan Long Mann Marcus Matthews, D. R. McCollum

McDonald Miles Milford Mostiler Mullinax Nessmith Noble Owens Oxford Parham Parrish Patten, R. L. Peters Phillips, L. L. Phillips, W. R. Rainey Randall Ray Reaves Richardson Ross Rush Russell, J. Sams Shanahan

Sheats Sigman Sizemore Smith, J. R. Smyre Snow Stone Sweat Taggart Thompson Tolbert Toles Triplett Tucker Waddle Walker Wall Ware West White Whitmire Williams Williamson Wilson Wood

Those not voting were Representatives:

Banks Buck Calhoun Colwell Cooper Culpepper Dean Dent Edwards, C. W. Edwards, W. Egan Fraser Gammage

Harrison Hatcher Irvin, R. Irwin Johnson, R. Lane, W. J. Leggett Lucas Matthews, C. McKinney Nix Parkman Patten, G. C.

Petro Phillips, R. T. Pinkston Russell, W. B. Scott Smith, V. B. Thomason Townsend Twiggs Vaughn Watson Wheeler Mr. Speaker

On the passage of the Bill, the ayes were 141, nays 0. "

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

Representative Russell of the 53rd stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 890 and that, had he been present, he would have voted "aye" thereon.

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JOURNAL OF THE HOUSE,

HB 285. By Representatives Vaughn of the 57th and Lambert of the 112th:
A Bill to amend an Act known as the "Georgia Land Sales Act of 1972", so as to end the confusion, redundancy and possible conflict between the information requirements of the Georgia Land Sales Act and those of the U.S. Department of Housing and Urban Development under the Federal Interstate Land Sales Full Disclosure Act; 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 Land Sales Act of 1972," approved March 31, 1972 (Ga. Laws 1972, p. 638), so as to provide for a definition of "business day"; to provide that the Secretary of State may accept the property report filed with the Office of Interstate Land Sales Registration; to provide for notice to the pur chaser of rescission rights; to provide for rescission rights; to repeal the provision relating to waiver of revocation rights; to repeal the provi sion relating to waiver of revocation rights because of on-site inspection; to provide for stability, continuity, and security of titles to real estate; to provide for revision of certain property reports; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Georgia Land Sales Act of 1972", approved March 31, 1972 (Ga. Laws 1972, p.638), is hereby amended by adding to Section 1 thereof a new subsection (h) as follows:
"(h) 'Business day' is defined as any calendar day except Sunday, or the following business holidays: New Year's Day, Lee's Birthday; Washington's Birthday; Confederate Memorial Day; Na tional Memorial Day; Jefferson Davis' Birthday; Independence Day; Labor Day; Columbus Day; Veteran's Day; Thanksgiving Day; and Christmas Day."
Section 2. Said Act is further amended by striking from Section 3 thereof paragraph (7) of subsection (h) in its entirety and inserting in lieu thereof the following language:
"(7) The Secretary of State may accept as the Property Report required under this Section the Property Report covering the sub division filed with the Office of Interstate Land Sales Registration of the Department of Housing and Urban Development; provided, however, that the Secretary of State may require additional in formation to be furnished to the purchaser at the time he is given the Property Report."

THURSDAY, MARCH 13, 1975

3027

Section 3. Said Act is further amended by striking from Section 3 thereof, paragraph (8) of subsection (h), relating to notice to the buyer, in its entirety, and substituting in lieu thereof a new paragraph (8), to read as follows:

"(8) (a) There shall be printed on the front cover of each Property Report the following language in 10-point type:
'Unless you received this Property Report prior to or at the time you entered into a contract, you may void the contract by notice to the Seller.

If you received the Property Report less than 48 hours prior to signing a contract, or agreement, you have until midnight of the third business day following consummation of the transaction to revoke your contract by notice to the seller.'

(b) The notice referred to in the preceding paragraph (a) shall be printed on the top four-fifths of the first page (cover sheet) of the Property Report, with the additional requirement that the following shall be overprinted in light red type of the style used to mark sample documents, in letters one-half inch in size with one-half inch spaces between lines:

'PURCHASER SHOULD READ THIS DOCUMENT BEFORE SIGNING ANYTHING.'"

Section 4. Said Act is further amended by striking from Section 8, relating to receipt of the Property Report, the second sentence, begin ning with the word "If" and substituting in lieu thereof the following:

"If such a report is not given at least 48 hours prior to such execution, the purchaser may rescind the contract by notice to the seller until midnight of the third business day following the consum mation of the transaction.",

so that when so amended, the first two sentences of Section 8 of the Act shall read as follows:

"Section 8. A copy of the Property Report, when a certificate of registration is granted by the Secretary of State, shall be given by the owner, subdivider or agent to each, prospective purchaser prior to the execution of any binding contract or agreement for the sale of any lot or parcel in the subdivision. If such a report is not given at least 48 hours prior to such execution, the purchaser may rescind the contract by notice to the seller until midnight of the third business day following the consummation of the transaction."

Section 5. Said Act is further amended by striking from Section 8, relating to receipt of the Property Report, the fourth sentence, be-

3028

JOURNAL OF THE HOUSE,

ginning with the word "Any" and substituting in lieu thereof the follow ing:

"Any such election by the purchaser to void the contract or agreement must be made within three business days after the consummation of the transaction.",

so that when so amended, the third and fourth sentences of Section 8 of the Act shall read as follows:

"A receipt in duplicate shall be taken from each purchaser evidencing compliance with this provision. Any such election by the purchaser to void the contract or agreement must be made within three business days after the consummation of the transaction."

Section 6. Said Act is also amended by adding subsection (h) of Section 3 thereof the following additional paragraph:

"(9) Notwithstanding any other provisions of this Act, any Property Report filed with, certified by and registered with the Secretary of State before the enactment of this paragraph shall be deemed to have complied with this Chapter and to have been properly filed with, certified by and registered with the Secretary of State, so long as such Property Report complied with the require ments either of the laws of the United States or of the laws of this State at the time it was originally filed; provided, however, that within 30 days after the effective date of this paragraph, every Property Report required by this Chapter shall meet the require ments of this Chapter, as amended."

Section 7. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby 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 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read and adopted:

Representative Vaughn of the 57th moves to amend the Committee substitute

THURSDAY, MARCH 13, 1975

3029

to HB 285 so as to correct certain punctuation, spelling and scrivener's errors in the following manner:

By making the following changes to Section 3 thereof:

(1) Changing the capital letters "P" and "R" from upper case to lower case in the words "Property" and "Report" at page 2, line 21;

(2) Deleting the letters "ed" from the word "entered" at page 2, line 22;

(3) Changing the capital letter "S" from upper case to lower case in the word "Seller" at page 2, line 24;

(4) Deleting the commas after the words "contract" and "agree ment" at page 2, line 26;

(5) Inserting the word "the" between the words "following" and "consummation" at page 2, line 28;

(6) Striking the word "four-fifths" and inserting in lieu thereof the word "two-thirds" at page 2, line 31.

The Committee substitute, as amended, was adopted.

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

On the passage of the Bill, by substitute, as amended, the ayes were 108, nays 0.

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

HB 351. By Representatives Jordan of the 58th, Vaughn of the 57th, Russell of the 53rd and others:
A Bill 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.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act known as the "Junior College Act of 1958", approved February 20, 1958 (Ga. Laws 1958, p.

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JOURNAL OF THE HOUSE,

47), as amended, particularly by an Act approved March 27, 1972 (Ga. Laws 1972, p. 538), so as to change the provisions relative to payments by the Board of Regents to certain local operating authorities; to pro vide effective dates; 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 "Junior College Act of 1958", approved February 20, 1958 (Ga. Laws 1958, p. 47), as amended, par ticularly by an Act approved March 27, 1972 (Ga. Laws 1972, p. 538), is hereby amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows:

"Section 4. There shall be paid to every local operating authority which shall have established a junior college under the provisions of this Act, and upon which construction had commenced prior to January 1, 1964, and which is not operated as a unit of the University System of Georgia under the Board of Regents, an amount which shall be determined on the basis of a budget for each fiscal year developed pursuant to a formula agreed upon by the local operating authority, the Director of the Office of Planning and Budget and the Legislative Budget Analyst. Budgets prepared pursuant to this authority shall be for expenses incurred by a junior college for educational and general expenditures as set forth in the latest edition of the publication entitled, 'College and Uni versity Business Administration'. Such formula shall include fi nancial participation from the local operating authority to include student matriculation fees and funds derived from not less than one-half nor more than a three-fourths mill tax established by the local operating authority on the ad valorem tax digest of its political subdivision. No State funds shall be appropriated for capital con struction. Expenditure under this Act shall be audited annually by the State Department of Audits and Accounts."

Section 2. This Act shall be effective for the purpose of appropria tions by the General Assembly and for all other purposes for the 1976-77 fiscal year and thereafter. This Act shall be effective for the purposes of planning and the preparation of budgets in conformity with the pro visions of this Act on July 1, 1975, and thereafter.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

An amendment, offered by Representative Howard of the 19th, was read and withdrawn by unanimous consent.

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

THURSDAY, MARCH 13, 1975

3031

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 Representatives:

Adams, G. D. Adams, John Adams, Marvin Bailey Banks Bargeron Battle Baugh Beck Berry Bolster Bowman Brown Burruss Burton Calhoun Carnes Carr Carter Castleberry Chance Childers Childs Clark, Betty Clifton Cole Coleman Collins Connell Cooper Cox Culpepper Daugherty .
Davis
Dent
Dixon
Dover
Edwards, C. W.
Elliott
Evans, W. D.
Felton
Foster, P. W.
Gignilliat
Glanton
Glover
Greer
Ham

Hamilton Harden Harris, J. G. Harris, J. F. Harrison Hatcher Hawkins Hays Hill, B. L. Hill, G. Holmes Horton Howard Hudson Hutchinson Irvin, R. Irwin Jackson Jessup Johnson, R. Jones Jordan Karrh Keyton Kilgore Knight Kreeger Lambert Lane, Dick Larsen, G. K. Lee Leggett Leonard
Linder
Logan
Long
Mann
Marcus
Matthews, D. R.
McCollum
McKinney
Miles
Milford
Mostiler
Mullinax
Nix

Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters Phillips, R. T. Pinkston Ray Reaves Richardson Ross Russell, J. Russell, W. B. Sams Scott Shanahan Sheats Sigman Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Taggart Thomason Thompson Tolbert Toles
Town send
Triplett
Tucker
Vaughn
Waddle
Wall
West
White
Whitmire
Williams
Williamson
Wilson
Wood

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JOURNAL OF THE HOUSE,

Those voting in the negative were Representatives:

Alexander Carlisle

Johnson, W. R.

Larsen, W. W.

Those not voting were Representatives :

Beckham Blackshear Bray Buck Carrell Clark, L. Colwell Crawford Dean Edwards, W. Egan Evans, B. Poster, R. L.

Fraser Gammage Harris, B. B. Howell Irvin, J. King Lane, W. J. Lucas Matthews, C. McDonald Nessniith Petro Phillips, L. L.

Phillips, W. R. Rainey Randall Rush Sizemore Twiggs Walker Ware Watson Wheeler Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 139, nays 4.

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 860. By Representative Hatcher of the 131st:
A Bill to repeal Code Section 24A-2304 relating to commitment of certain children by the Juvenile Court to the custody of the Department of Corrections.

The Senate insists on its Substitute to the following Bill of the House, to-wit:

HB 450. By Representative Lane of the 40th:
A Bill to provide certain requirements in connection with blasting or excavating in the vicinity of certain underground utility facilities.

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

THURSDAY, MARCH 13, 1975

3033

HB 721. By Representatives Lambert of the 112th and Carlisle of the 71st:
A Bill to amend Code Chapter 88-9, relating to Air Quality Control, so as to provide that considerations of economic cost of technical feasibility shall be subordinate to considerations of public health; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Chapter 88-9, relating to Air Quality Control, as amended, so as to provide that certain factors shall be considered only to the extent consistent with the Clean Air Amend ments of 1970 (84 Stat. 1676; 42 U.S.C. Sec. 1857 et seq.) ; to provide that considerations of economic cost or technical feasibility shall be subordinate to considerations of public health; to provide that reports on the nature and amounts of stationary source emissions obtained by the Division shall be available for public inspection; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 88-9, relating to Air Quality Control, as amended, is hereby amended by adding the following sentence to the first full paragraph of section 88-906:
"Provided, however, such factors shall be considered only to the extent consistent with the Clean Air Amendments of 1970 (84 Stat. 1676, 42 U.S.C. Sec. 1857 et seq.), and considerations of economic cost or technical feasibility shall be subordinate to con siderations of public health.",
so that when so amended, Code Section 88-906 shall read as follows:
"88-906. Factors to be considered in exercising powers and responsibilities related to air quality. In exercising the responsibili ties under the provisions of this Act, the Board and Department shall give due recognition to the fact that the quantity or character istic of air contaminants or the duration of their presence in the atmosphere which may cause a need for control in one area of the State may not cause a need for control in another area of the State. The degree of conformance with the rules and regulations which may be proper as to an essentially residential area of the State may not be proper as to a highly developed industrial area of the State. The following factors shall be considered in exercising powers and responsibilities related to air quality. Provided, however, such factors shall be considered only to the extent consistent with the Clean Air Amendments of 1970 (84 Stat. 1676, 42 U.S.C. Sec. 1857 et seq.), and considerations of economic cost or technical feasibility shall be subordinate to considerations of public Health.

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(a) The quantity and characteristics of air contaminants and the duration of their presence in the atmosphere which may cause air pollution in a particular area of the State;

(b) Existing physical conditions and topography;
(c) Prevailing wind directions and velocities;
(d) Temperatures and temperature-inversion periods, humidity, and other atmospheric conditions;

(e) Possible chemical reactions between air contaminants or between such contaminants and air gases, moisture, or sunlight;
(f) The predominant character of development of the area of the State, such as residential, highly developed industrial area, commercial, or other characteristics;
(g) The question of priority of location in the area involved;

(h) Availability of air-cleaning devices;

(i) Economic feasibility of air-cleaning devices;
(j) Effect on normal human health of particular air con taminants ;

(k) Effect on efficiency of industrial operations resulting from use of air-cleaning devices;

(1) Extent of danger to property in the area reasonably to be expected from any particular air contaminant;
(m) Interference with reasonable enjoyment of life by persons in the area and conduct of established enterprises which can reasonably be expected from air contaminants;
(n) The volume of air contaminants emitted from a particular class of air contaminant source;
(o) The economic and industrial development of the State and the social and economic value of the source of air contaminants; (p) The maintenance of public enjoyment of the State's natural resources; and
(q) Other factors which the Department may find applicable."
Section 2. Said Code Chapter is further amended by striking sec tion 88-908, which reads as follows:

"88-908. Confidential information.

THURSDAY, MARCH 13, 1975

3036

Any information relating to secret processes, devices, or meth ods of manufacture or production obtained by the Board, Depart ment or their employees in the administration of this Act shall be kept confidential.",

in its entirety, and by inserting in lieu thereof a new Code section 88-908, to read as follows:

"88-908. Confidential information.
Information relating to secret processes, devices, or methods of manufacture or production obtained by the Division of Environ mental Protection of the Department of Natural Resources in the administration of this Act shall be kept confidential. Provided, however, reports on the nature and amounts of stationary source emissions obtained by said Division shall be available for public inspection from said Division."

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

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

On the passage of the Bill, by substitute, the ayes were 104, nays 5.

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

Representative Cole of the 6th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional
majority to HB 721, by substitute.

HB 235. By Representatives Greer of the 43rd, Hamilton of the 31st, Irvin of the 23rd and others:
A Bill to create the Georgia Commission on the Metropolitan Atlanta Region; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to create the Georgia Commission on the Atlanta Area; to provide for a short title; to provide for findings

3036

JOURNAL OF THE HOUSE,

and a declaration of purpose; to provide for a definition; to provide for the membership, powers and duties of the Commission; to provide for budgets of the Commission and for funding the Commission; to provide for reports by the Commission; to provide for the abolishment of the Commission; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. Short Title. This Act shall be known and may be cited as "The Act Creating the Georgia Commission on the Atlanta Area".

Section 2. Findings and Purposes. The General Assembly finds that the efficiency and effectiveness of governmental units in the At lanta area in delivering governmental services affects, either directly or indirectly, the public welfare of the people throughout the State of Georgia. The General Assembly further finds that the concentration of a substantial portion of the State's total population in the Atlanta area has led to governmental problems that require consideration at the State level by a body directly responsible to the Governor and the Gen eral Assembly. The General Assembly further finds that the responsibili ty of the State in insuring that needed and essential governmental services are provided to the people of the State requires reexamination with regard to areas wherein the concentration of people has reached the extent presently existing in the Atlanta area. It is the purpose of this Act, therefore, to create a State-level Commission to develop and recommend proposed legislation to the General Assembly that will enable the State to effectively fullfill its responsibility to insure that needed and essential governmental services are provided to the people of the Atlanta area in the most effective, equitable, and economical manner feasible within the limitations of the basic principles of representative
government.

Section 3. Territory Defined. For the purposes of this Act, the "Atlanta area" shall include only the territory embraced within Fulton and DeKalb Counties.
Section 4. Commission Created, (a) There is hereby created the Georgia Commission on the Atlanta Area to be composed of 25 members as follows:
(1) Six members of the House of Representatives appointed by the Speaker of the House. The Speaker of the House shall certify the names of the Commission members appointed by him to the Governor.
(2) Six members of the Senate appointed by the President of the Senate. The President of the Senate shall certify the names of the Commission members appointed by him to the Governor.
(3) Thirteen citizens of the State of Georgia appointed by the Governor in the exercise of his sole discretion, except as provided by subsection (b) of this Section.

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3037

(b) Except for the members of the General Assembly provided for by paragraphs (1) and (2) of subsection (a) hereof, no member of the Commission shall be an elective or appointive official of the State or of any political subdivision of the State. The Governor, Speaker of the House of Representatives and President of the Senate shall make all appointments to the Commission by not later than June 15, 1975.

(c) The Governor shall call the organizational meeting of the Commission for a date not earlier than July 1, 1975, and not later than
July 15, 1975. The Governor shall preside at said organizational meeting until the election of a Chairman of the Commission as provided by Section 4 of this Act.

(d) Any vacancy on the Commission in the membership thereof appointed by the Governor at his discretion shall be filled by the Governor at his discretion. Any vacancy in the legislative membership shall be filled in the same manner as the original appointments were made. All members of the Commission shall serve for the duration of the Commission.

Section 5. Organization, Officers, (a) At the organizational meet ing provided for by subsection (c) of Section 4 of this Act, the first order of business shall be the election of a Chairman, who shall be elected from the membership of the Commission by a majority vote of the total membership thereof. Upon the election of the Chairman, he shall preside at said organizational meeting. The next order of business shall be the election of a Vice Chairman who shall also be elected from the membership of the Commission by a majority vote of the total membership thereof. The Vice Chairman shall have the full authority of the Chairman in the Chairman's absence and when the Chairman delegates such authority to the Vice Chairman. Except as otherwise provided herein, the Commission shall have full authority to provide for its own organization, including the election of additional officers and the creation of any subcommittees the Commission may find advisable and the establishment of a quorum for the transaction of business by the full Commission or by any subcommittee thereof.

(b) Legislative members of the Commission shall receive the ex penses and allowances authorized by law for legislative members of interim committees for service on the Commission between sessions of the General Assembly. All other members of the Commission shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred by them in carrying out their duties, as members of the Commission, and such members shall be reimbursed for travel expenses at the same rate applicable to State officials and
employees.

Section 6. Powers and Duties, (a) The Commission shall have the duty to study any matters relative to the effective and efficient delivery of governmental services within the Atlanta area and to make recom mendations to the Governor and the General Assembly for the improve ment of the delivery of governmental services within such area, or any portion thereof, and to propose legislation and make other recommenda tions to implement and. carry out such recommendations. -In addition

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JOURNAL OF THE HOUSE,

to the specific powers provided by subsections (b) and (c) hereof, the Commission shall be vested with such powers as shall be reasonably necessary for it to carry out its duties as provided herein.

(b) Subject to budgetary requirements provided by Section 7 of this Act, the Commission shall have full authority to employ personnel,
purchase supplies and to contract with consulting firms as may be reasonably necessary to enable the Commission to carry out its duties.
The Commission shall be authorized to hold meetings at the State Capitol and at such other facilities as the Commission shall determine.

(c) The Commission shall be authorized to receive on its own behalf, in order to carry out its duties as provided herein, any funds or monies that might be available to it, either directly or through any State de partment or agency, from any Federal grant, or Federal grant-in-aid program or from any other public or private source.

(d) The State and its departments and agencies, as well as the political subdivisions of the State shall cooperate with and assist the Commission in carrying out its powers and duties.

(e) It is specifically provided that the Commission shall have the duty to study the functions, powers and duties of the public agency as the "Atlanta Regional Commission" created pursuant to an Act creating Metropolitan Area Planning and Development Commissions in certain standard metropolitan statistical areas of this State, approved March 3, 1971 (Ga. Laws 1971, p. 17), as amended, and to make recom mendations to the General Assembly relative to the functions, powers and duties of said agency.
Section 7. Budget, Funding, (a) As. soon as practicable after its organization, the Commission shall prepare a budget governing its proposed expenditures for the period beginning with its organizational meeting and ending on June 30, 1976. As soon as such budget is pre pared, it shall be submitted to the Legislative Budget Analyst who shall review the same and submit it, along with his report on the budget, to the Speaker of the House and the President of the Senate. The Speaker of the House and the President of the Senate shall jointly consider said budget and may approve or reject the same as submitted or modify the budget and approve it as modified. If the budget is rejected by the Speaker of the House and the President of the Senate, they shall state their objections and a modified budget shall be submitted to them by the Commission. The decision of the Speaker of the House and President of the Senate of any budget or modified budget submitted to them by the Commission shall be final. Until a budget of the Com mission has been approved by the Speaker of the House and the Presi dent of the Senate as provided herein, any proposed expenditures by the Commission shall be first approved jointly by the Speaker of the House and the President of the Senate.

(b) The Commission shall also prepare a budget governing its proposed expenditures for the period beginning on July 1, 1976, and ending on June 30, 1977. Such budget shall be submitted to the Legisla tive Budget Analyst by not later than May 15, 1976. The Commission

THURSDAY, MARCH 13, 1975

3039

shall prepare a final budget governing its proposed expenditures from July 1, 1977, through December 31, 1977, and submit the same to the Legislative Budget Analyst by not later than May 15, 1977. The budgets provided for herein shall be subject to the same procedures and require ments as the budget provided for by subsection (a) of this Section.

(c) Once a budget has been approved by the Speaker of the House and the President of the Senate, the Legislative Fiscal Officer shall be authorized to pay the expenses incurred by the Commission. Subject to approval by the Speaker of the House and the President of the Senate, the Legislative Fiscal Officer shall be authorized to establish such procedures as he deems advisable for the payment of expenditures of the Commission.

(d) Except for any funds that may be available to the Commission pursuant to subsection (c) of Section 6 of this Act, all funds necessary for the operation of the Commission shall come from funds appropriated or otherwise available to the Legislative Branch of the State govern ment.

Section 8. Reports of the Commission, (a) The Commission shall submit a preliminary report to the Governor and General Assembly by not later than January 1, 1976. This preliminary report shall include a legal analysis of the authority of the General Assembly to enact legislation dealing with governmental reorganization when a multiplicity of local governmental jurisdictions is involved in such reorganization. If such legal analysis indicates a necessity therefor, such preliminary report may include a proposed constitutional amendment, or amend ments, to clarify or expand the authority of the General Assembly to enact governmental reorganization legislation in keeping with modern conditions and requirements and anticipated recommendations of the Commission. The purpose of such preliminary report is to enable the General Assembly to consider any such proposed constitutional amend ment, or amendments, at the 1976 session in order that such proposed amendment, or amendments, if adopted by the General Assembly, may be submitted to the voters at the 1976 general election.

(b) The Commission shall submit its final report to the Governor and General Assembly by not later than January 1, 1977. Such final report shall include the recommendations of the Commission, as well as proposed legislation to carry out such recommendations. The Commission or subcommittees or members thereof shall meet with members of the General Assembly and Committees thereof at the 1977 session in order to explain its recommendations and otherwise assist the General As sembly in its consideration of such recommendations. Any such meetings shall be as determined by the members of the General Assembly or Committees thereof.
Section 9. Abolishment. The Commission shall stand abolished as of 12:01 a.m. on January 1, 1978.

Section 10. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law .without his approval.

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JOURNAL OF THE HOUSE,

Section 11. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Marcus of the 26th moved that HB 235 and all amendments thereto be recommitted to the Committee on Rules for further study.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Alexander Battle Beck Bolster Brown Burruss Carlisle Carnes Carr Carrell Carter Castleberry Childers Childs Clark, Betty Cole Coleman Collins Connell Crawford Daugherty Dean Dent Dixon

Elliott Evans, B. Felton Foster, P. W. Gammage Gignilliat Glover Greer Hamilton Harris, J. G. Hill, B. L. Holmes Horton Hudson Hutchinson Johnson, W. R. Jordan Larsen, G. K. Lee Leggett Logan Mann Marcus McCollum McDonald

McKinney Milford Mullinax Oxford Parrish Patten, R. L. Pinkson
Ray Reaves Richardson Ross Russell, W. B. Scott Shanahan
Sheats Stone Thompson Toles Vaughn Waddle Walker Ware Whitmire Williams Wood

Those voting in the negative were Representatives:

Adams, Marvin Banks Bargeron Baugh Beckham Bowman Calhoun Chance Clifton
Cooper Cox Davis Dover

Edwards, C. W. Evans, W. D. Foster, R. L. Glanton Ham Harden Harrison Hays Hill, G. Howard Irvin, J. Irvin, R. Jackson

Jessup Johnson, R. Karr Keyton Kilgore Kreeger Lane, Dick Larsen, W. W. Leonard Linder Long Miles Mostiler

THURSDAY, MARCH 13, 1975

3041

Noble Owens Parham Parkman Patten, G. C. Phillips, R. T. Phillips, W. R. Russell, J.

Sams Sigman Sizemore Smith, J. R. Smith, V. B. Snow Sweat

Thomason Tolbert Tucker Wall Watson Williamson Wilson

Those not voting were Representatives:

Bailey Berry Blackshear Bray Buck Burton Clark, L. Colwell Culpepper Edwards, W. Egan Fraser Harris, B. B. Harris, J. F. Hatcher

Hawkins Howell Irwin Jones King Knight Lambert Lane, W. J. Lucas Matthews, C. Matthews, D. R. Nessmith Nix Peters Petro

Phillips, L. L. Rainey Randall Rush Smyre Taggart Townsend Triplett Twiggs West Wheeler White Mr. Speaker

On the motion, the ayes were 76, nays 61.

The motion prevailed and HB 235 and all amendments thereto were recom mitted to the Committee on Rules.

HR 151-655. By Representatives Hill of the 41st and Kilgore of the 65th:
A Resolution authorizing the conveyance of certain real estate located in Fulton County, Georgia, to Mrs. L. L. Stovall, Jr.; and for other purposes.

The following amendment was read and adopted:

The Committee on State Institutions and Property moves to amend HR 151655 as follows:
By striking from line 20 of page 2 the following: "and other valuable consideration",
and inserting in lieu thereof the following: "and $1.00 in hand paid".

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JOURNAL OP THE HOUSE,

By adding following the word "resolution", on line 23 of page 2 the following:

", and lying within the southwest quadrant of the intersection of Campbellton Road and Cascade-Palmetto Highway, the same
being the area defined as approximately 1.033 acres and further shown as that area shaded on the plat which is attached hereto and made a part hereof as Exhibit A".

The following amendment was read and adopted:
Representative Ham of the 80th moves to amend HR 151-655 by striking the word, "Mrs." on line 18 of page 2 and inserting in lieu thereof, "the heirs of".

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

On the adoption of the Resolution, as amended, the ayes were 108, nays 0.

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

HB 758. By Representative Shanahan of the 7th:
A Bill to amend Code Section 100-108, relating to bonds and securities required to secure State deposits, so as to provide that the guarantee or the insurance of accounts by the Federal Savings and Loan Insurance Corporation shall be accepted as collateral by the Director of the Fiscal Division of the Department of Administrative Services to cover State funds on deposit in State depositories; and for other purposes.

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

On the passage of the Bill, the ayes were 98, nays 3.

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

HB 847. By Representative Hudson of the 137th :
A Bill to amend an Act regulating the practice of professional sani tarians so as to provide that it shall be unlawful to employ any person as a sanitarian trainee or as a sanitarian, who has not met the educa tional requirements for the registration as a Registered Professional Sanitarian under the provisions of this Act; and for other purposes.

THURSDAY, MARCH 13, 1975

3043

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

On the passage of the Bill, the ayes were 102, nays 0.

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

HB 498. By Representative Holmes of the 39th:
A Bill to amend Code Section 34-1010, relating to nomination petitions, so as to change the provisions relative to the form of nomination peti tions; and for other purposes.

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

On the passage of the Bill, the ayes were 93, nays 4.

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

HB 483. By Representative Ham of the 80th:
A Bill to amend Code Section 26-2306 relating to officers or employees selling to governments or political subdivisions, so as to change the amounts which local government officers or employees may sell; and for other purposes.

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

On the passage of the Bill, the ayes were 98, nays 6.

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

HR 9-48. By Representative Egan of the 25th:
A Resolution compensating Aetna Life and Casualty Company; and for other purposes.

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

On the adoption of the Resolution, the ayes were 97, nays 3.

3044

JOURNAL OF THE HOUSE,

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

HR 74-310. By Representative Sigman of the 74th:
A Resolution compensating Mr. John Henry Autry; 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 97, nays 3.

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

HR 112-434. By Representative Colwell of the 4th:
A Resolution compensating Mr. and Mrs. Ronnie G. Cantrell; 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 97, nays 3.

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

HR 33-166. By Representative Adams of the 36th: A Resolution compensating Roy L. Cash; 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 97, nays 3.

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

HR 36-181. By Representative Pinkston of the 100th: A Resolution compensating Mr. Edwin J. Odom; and for other purposes.

THURSDAY, MARCH 13, 1975

3045

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 97, nays 3.

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

HR 37-181. By Representative Pinkston of the 100th: A Resolution compensating Mr. Benjamin Wynn; 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 97, nays 3.

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

HR 133-562. By Representative Greer of the 43rd:
A Resolution to compensate Miss Carole K. Brown; 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 97, nays 3.

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

HB 941. By Representative Irvin of the 23rd:
A Bill to amend Code Title 46, relating to garnishment, so as to provide for a new Code Chapter relative to prejudgment garnishments; and for other purposes.

The following amendment was read and adopted: The Committee on Judiciary moves to amend HB 941 as follows: On line 18, page 3, by striking the words

3046

JOURNAL OF THE HOUSE,

"which the defendant may appear and answer the pending suit,"
and substituting in lieu thereof the words
"thirty (30) days after service of the summons of garnish ment"
By adding at the end of Section 46-907 on page 3 between line 26 and line 27 a new Section, to be designated Section 46-908, to read as follows:
"46-908. The procedures of this chapter shall not be available for the garnishment of wages or salaries."

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 0.

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

HB 381. By Representatives Matthews of the 145th, Patten and Carter of the 146th and Sizemore of the 136th:
A Bill to amend an Act creating the Georgia Agrirama Development Authority so as to exempt the Authority from certain taxes; and for other purposes.

The following amendment was read and adopted:
Representative Lambert of the 112th moves to amend HB 381 as follows:
By adding, at the end of Section 1, page 1, line 25 the following:
"The exemption from taxation herein provided shall not include exemptions from the sales and use taxes on property purchased by the Authority or for use by the Authority."

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

On the passage of the Bill, as amended, the ayes were 115, nays 0.

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

THURSDAY, MARCH 13, 1975

3047

HB 452. By Representative Lane of the 40th:
A Bill to amend Code Section 27-207, relating to arrests without a war rant, so as to provide for the degree of force that may be used to effec tuate a lawful arrest; to provide for a distinction between a felony and a misdemeanor in connection with the force used to effectuate a lawful arrest; and for other purposes.

The following amendment was read and withdrawn by unanimous consent: The Committee on Judiciary moves to amend HB 452 as follows: On line 29, page 2, by striking the following: ", even to the extent of slaying the offender in order to prevent his escape, where sufficient circumstances so indicate,"
and on page 2, line 34 strike the words "and deadly"

The following floor substitute, offered by Representative Russell of the 53rd, was read and adopted:
A BILL
To be entitled an Act to amend Code Section 27-207, relating to arrests without a warrant, so as to provide that any rule, regulation or policy of a State agency or ordinance, resolution, rule, regulation or policy of a county, municipality or other political subdivision of the State which conflicts with certain provisions of law shall be null, void and of no force and effect; 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 Section 27-207, relating to arrests without a war rant, is hereby amended by designating the present language of said Code Section, following the caption, as subsection (a) thereof and by adding thereto the following:
" (b) Any rule, regulation or policy of any agency of the State or any ordinance, resolution, rule, regulation or policy of any coun ty, municipality or other political subdivision of the State which is in conflict with the provisions of this Code Section or Code Section 26-902 shall be null, void and of no force and effect.",
so that when so amended Code Section 27-207 shall read as follows:
"27-207. Arrest without warrant, (a) An arrest for a crime may be made by an officer, either under a warrant, or without a

3048

JOURNAL OF THE HOUSE,

warrant if the offense is committed in his presence, or the offender is endeavoring to escape, or for other cause there is likely to be failure of justice for want of an officer to issue a warrant.

(b) Any rule, regulation or policy of any agency of the State or any ordinance, resolution, rule, regulation or policy of any county, municipality or other political subdivision of the State which is in conflict with the provisions of this Code Section or Code Section 26-902 shall be null, void and of no force and effect."

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, as amended, was agreed to, by substitute.

On the passage of the Bill, by substitute, the ayes were 111, nays 0.

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

HB 429. By Representatives Brown of the 34th, Patten of the 146th, Hill of the 127th and others:
A Bill to provide for the continuation of community action agencies in the State; and for other purposes.

The following amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 429 by inserting a new paragraph (C) under Section 6, on Page 4 to read as follows:
(C) No community action agency, or its board members, or its ex ecutive officer or its employees, shall be authorized to use funds, facil ities or equipment, owned by or available to the same, including but not limited to stationery, postage, duplicating machines and telephones, in behalf of any candidate for elective office or any political party, nor in support of any position on a question of public policy which is the sub ject of a referendum in the area in which such agency is located. No community action agency shall engage in the manufacture, distribution, display, advertising, or mailing of any printed materials, in behalf of any candidate for elective office or any political party, nor in support of any position on a question of public policy which is the subject of a referendum in the area in which such agency is located.
And to re-designate Paragraphs (C) and (D) as Paragraphs (D) and (E).
And to re-number Section 8 as Section 7.

THURSDAY, MARCH 13, 1975

3049

The following amendment was read and adopted:

Representative Ham of the 80th moves to amend HB 429 by adding at the end of line 13, page 4, the following, "All employees of said Com munity Action Agency, who handle funds of said agency, shall be bonded by a licensed bonding company."

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 Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Berry Bolster Bowman Brown Games Castleberry Childers Childs Clark, Betty Cole Coleman Collins Colwell Connell Cooper Crawford Dean Dixon Egan Elliott Evans, B. Evans, W. D. Felton Gammage Gignilliat Glover Greer

Ham Harden Harris, J. P. Hill, B. L. Holmes Horton Hudson Hutchinson
Irvin, R. Irwin Jackson Jessup Johnson, W. R. Jordan Karrh Keyton Kilgore Knight Kreeger Lambert Larsen, G. K. Lee Linder
Logan Mann Marcus McKinney Milford Mostiler Mullinax Nessmith Oxford

Parkman Parrish Patten, G. C. Patten, R. L. Petro Randall Reaves Richardson
Ross Russell, J. Russell, W. B. Scott Shanahan Sheats Sigman Smith, J. R. Smyre Snow Stone Sweat Thompson Toles Twiggs Vaughn Waddle Walker White Whitmire Williams Williamson Wilson Wood

Those voting in the negative were Representatives:

Banks Beckham Calhoun

Carter Davis Edwards, C. W.

Foster, P. W. Foster, R. L. Harrison

3050
Hays Hill, G. Larsen, W. W. Leonard Matthews, D. R.

JOURNAL OP THE HOUSE,

Owens Phillips, R. T. Ray Sizemore Smith, V. B.

Tolbert Tucker Wall Watson

Those not voting were Representatives:

Bargeron Battle Baugh Beck Blackshear Bray Buck Burruss Burton Carlisle Carr Carrell Chance Clark, L. Clifton Cox Culpepper Daugherty Dent Dover
Edwards, W.

Fraser Glanton Hamilton Harris, B. B. Harris, J. G. Hatcher Hawkins Howard Howell Irvin, J. Johnson, R. Jones King Lane, Dick Lane, W. J. Leggett Long Lucas Matthews, C. McCollum

McDonald Miles Nix Noble Parham Peters Phillips, L. L. Phillips, W. R. Pinkston Rainey Rush Sams Taggart Thomason Townsend Triplett Ware West Wheeler Mr. Speaker

On the passage of the Bill, as amended, the ayes were 96, nays 23.

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

Representative Battle of the 124th stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 429, as amended, and that, had he been present, he would have voted "aye" thereon.

HB 401. By Representatives Adams of the 14th, Toles of the 16th and Coleman of the 118th: A Bill to provide that it is unlawful to remove, steal or abandon shopping carts in 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 ayes were 98, nays 5.

THURSDAY, MARCH 13, 1975

3051

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

HR 299-1092. By Representative Russell of the 64th:
A Resolution authorizing the Governor on behalf of the State of Georgia to convey to the mayor and council of the City of Winder, a municipal corporation, an easement for the purpose of expanding the city waste treatment facility over and through property in Barrow County, Ga., owned by the State of Georgia and operated as a part of Fort Yargo State Park, Winder, Barrow County, Ga.; 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 101, nays 0.

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

HR 303-1121. By Representative Russell of the 64th:
A Resolution authorizing the granting of an easement over a certain tract of State-owned property; 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 98, nays 0.

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

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

SB 200. By Senators Hudson of the 35th and Stephens of the 36th: A Bill to amend Georgia Code Section 26-1704, relating to bad checks, so as to add certain language thereto relating to a commitment hearing on trial involving a bank or depository beyond the subpoena power of the court; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 329. By Senator Barker of the 18th: A Bill to amend Code Chapter 56-12, relating to actions against insur-

3'052

JOURNAL OF THE HOUSE,

ance companies, so as to require insurance companies to acknowledge receipt of claims; and for other purposes.
Referred to the Committee on Judiciary.

SB 339. By Senator Langford of the 51st:
A Bill to amend Code Chapter 29-4, relating to recording of deeds, so as to require the address of the grantee to be entered on the reverse of a warranty deed before it may be recorded; and for other purposes. Referred to the Committee on Judiciary.

SB 342. By Senators Howard of the 42nd and Langford of the 51st:
A Bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws of this State relative to game and fish, so as to change certain provisions applicable to the confiscation of commercial fishing boats; and for other purposes. Referred to the Committee on Game, Fish and Recreation.

SB 353. By Senator Howard of the 42nd:
A Bill to provide for the regulation of off-road vehicles; to provide a short title ("Off-Road Vehicle Act of 1975") ; and for other purposes. Referred to the Committee on Motor Vehicles.

SB 362. By Senator McGill of the 24th:
A Bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to repeal the current provisions regarding the perfection and foreclosure of mechanics' liens on vehicles; and for other purposes. Referred to the Committee on Motor Vehicles.

SB 377. By Senator Doss of the 52nd:
A Bill to amend Code Chapter 56-5, relating to the rates for casualty, surety, vehicle, property, marine and transportation insurance, so as to provide for mandatory agreements for a determination of necessity by Commissioner; and for other purposes. Referred to the Committee on Insurance.

SR 121. By Senators Ballard of the 45th, Reynolds of the 48th, Brown of the 47th and Lewis of the 21st:
A Resolution relative to the proposed increase in the tax on motor fuels by the federal government; and for other purposes. Referred to the Committee on Ways and Means.

Pursuant to the provisions of SR 167, the Speaker Pro Tem announced the House adjourned until 10:00 o'clock, Tuesday, March 18, 1975.

TUESDAY, MARCH 18, 1975

3053

Representative Hall, Atlanta, Georgia Tuesday, March 18, 1975

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

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

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Banks Bargeron Battle Baugh Beck Beckham Berry Blackshear Bolster Bowman Bray Brown Buck Burruss Burton Calhoun Carlisle Carnes Carr Carrell Carter Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman Collins Colwell Connell Cooper Cox Crawford Culpepper Daugherty Davis

Dent Dixon Dover Edwards, C. W. Edwards, W. Egan Elliott Evans, B. Evans, W. D. Felton Foster, P .W. Foster,. R. L. Fraser Gignilliat Glanton Greer Ham Hamilton Harden Harris, B. B. Harris, J. F. Harrison Hatcher Hawkins Hays Hill, B. L. Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh
Keyton Kilgore

King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Linder Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald McKinney Miles Milford Mullinax Nessmith Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Randall Ray Reaves Richardson Ross

3054
Rush Russell, J. Russell, W. B. Sams Shanahan Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow

JOURNAL OP THE HOUSE,

Stone Sweat Taggart Thomason Thompson Tolbert Townsend Triplett
Tucker
Twiggs
Vaughn
Waddle

Walker Wall Ware Watson West White Whitmire Williams
Williamson
Wilson
Wood
Mr. Speaker

Those not answering to their names were Representatives:

Dean Gammage Glover Harris, J. G.

Hill, G. Matthews, C. Mostiler Nix

Rainey Scott Toles Wheeler

The following prayer was offered by the Reverend Milton C. Gardner, Jr., Pastor, First Baptist Church, Thomasville, Georgia:
O God, our Father, cause Thy Spirit to indwell the hearts of each one of us. May we love Thee so perfectly that our love will be reflected in our love for each other and in the decisions we make.
Forgive us for our pettiness, our selfishness and our littleness. Enable us to know Thy truth and to use it as a lamp to show the way through the perilous paths of life.
Set our priorities in order that we may seek Thy will first and men's approval second. Let us be patient, kind and wise for we remember Thy admonition that unto whom much has been given of him shall much be required.
Protect our great State and Republic and may greatness be born anew in this generation. We pray in the name of Jesus, our Lord.
AMEN.

Representative Nessmith of the 82nd, 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.

TUESDAY, MARCH 18, 1975

3055

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:

HOUSE RULES CALENDAR

Mr. Speaker:

Tuesday, March 18, 1975

Your Committee on Rules met and fixed the calendar for today's business, Tuesday, March 18, 1975, and submits the following:

HB

257. Peace Officers Ann., Fines and Bonds

HB

284. State Auditor, Salary & Expenses

HB

338. Motor Vehicle License, Modernize Laws

HB

348. Dental Hygienists, Minimum Age for Qualification

HB

414. Alcoholic Beverages, Quantity Possessed (Reconsidered)

HB

425. Sexual Crimes; Punishment

HB

572. Law Officers; Civil Liability

HB

605. Transporting Trash Across County or State Lines

HB

623. Malt Beverages Dealers; License and Excise Tax

HB

626. Trustee; Authorized to Sell or Grant Options

HB

732. Crime Information Center; Governor Chairman of Advisory

HB

752. Ambulance Service; To be Insured for Licensing

HB

773. Insurance, Farm Credit System or Employees

HB

777. Director of Corrections; Unlawful to Contact for Inmate

HB

778. Motor Vehicles; Ad Valorem Tax in a Dealer's Inventory

HB

783. Dept. of Revenue; Secrecy Required of Officials

HB

870. County Boards of Equalization Selection of Members

HB

872. Wild Animals; Regulate the Importation Sale, Etc.

3056

JOURNAL OF THE HOUSE,

HB

895. Mobile Homes; Relative to

HB

939. Game & Fish License; Persons allow Inspection

HB

945. Tax Assessing Authorities; Certain Cities

HB 1000. Land Jurisdiction Acquired by U. S. Government

HB 1018. State Purchases, Preference to Ga. Materials

HB 1019. MARTA, Purchases, Preference to Ga. Materials HB 1041. Certified Public Weighers; Tobacco Whse. Owners HB 1103. Casualty Insurance, Mandatory Agreements HB 1106. Ga. Special Adult Offender, Under Board of Corrections HB 1137. Firearms; Unlawful to Fire or Discharge on Sunday

HB 1141. Legislative Services Committee, Power
HB 1166. Commissioner of Agriculture; Establish Farmers Markets
HR 78- 325. Supreme Court and Court of Appeals, Jurisdictions (Postponed)

HR 159- 701. HR 172- 836. HR 228- 910. HR 298-1081. HR 305-1124. HR 306-1138.

Parolees; Loans of $500 by Board of Offender Rehab. Convey Property, Walker County Metropolitan Atlanta Expressway System LaGrange, City of; Convey Easement State Property Public Television Study Committee; Create Convey State Owned Property Located in Fulton County

SB

9. Retirement Pension Bills; Attach Fiscal Note

SB

31. Drugs; Distribution by Manufacturer's Rep.

SB

72. Marriage & Family Counselor, Lie. Board

SB

118. Disabled Veterans, Free Auto Tags

SB

141. Campaign Financing Disclosure Act; Amend

SB

145. Financial Institutions Code; Clarify

SB

211. Groveland Lake Development Authority, Create

SB

251. Public Transportation Code; Contracts

SB

267. Insurance Premium Finance Company; Premium Charge

SB

268. Practice of Nursing; Revise Code

SB

271. Peace Officers Stds. & Training Act, Membership

SB

324. PSC; Operation of & The Administration of Duties

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Lee of the 72nd, Chairman.

TUESDAY, MARCH 18, 1975

3057

By unanimous consent, the rules were suspended to permit the following Bills and Resolutions of the House to be introduced, read the first time and referred to the committees:

HB 1202. By Representative Vaughn of the 57th:
A Bill to fix the compensation of the deputies of the tax commissioners in all counties of this State having a population of not less than 18,100 and not more than 18,250; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1203. By Representative Vaughn of the 57th:
A Bill to fix the compensation of the deputies of the clerk of the superior court in all counties of this State having a population of not less than 18,100 and not more than 18,250; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1204. By Representative Pinkston of the 100th:
A Bill to regulate the automotive repair industry; to provide a short title ("Automotive Repair Act") ; to provide definitions; to provide for the enforcement and administration of this Act; and for other purposes. Referred to the Committee on Industry.

HB 1205. By Representatives Wilson of the 19th, Nix of the 20th, Kreeger of the 21st, Cooper of the 19th, Burruss of the 21st, Harrison of the 20th and Howard of the 19th:
A Bill to amend an Act creating the State Court of Cobb County so as to require the solicitor of said court and his staff to perform the same functions in relation to matters within the jurisdiction of the magistrates of said court as they perform in relation to matters within the jurisdic tion of the judges of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 351-1205. By Representatives Hudson of the 137th, Matthews of the 145th, Carter of the 146th, Sizemore of the 136th, Patten of the 146th, Long of the 142nd, Harden of the 154th, Phillips of the 91st, Patten of the 149th, Jessup of the 117th and others:
A Resolution recognizing the need for the establishment of an agricul tural coliseum in Tifton, Georgia; and for other purposes.
Referred to the Committee on State Institutions & Property.

3058

JOURNAL OF THE HOUSE,

HB 1206. By Representatives Nix of the 20th, Wilson of the 19th, Kreeger of the 21st, Cooper of the 19th, Harrison of the 20th and Howard of the 19th:
A Bill to amend an Act creating the State Court of Cobb County so as to change the compensation of the solicitor; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1207. By Representative Tucker of the 73rd:
A Bill to amend an Act creating a new charter for the Town of Locust Grove, approved Aug. 19, 1922, so as to change the term of office of the mayor of said city; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1208. By Representative Felton of the 22nd:
A Bill to amend an Act creating and establishing for Fulton County a County Planning Commission and Board of Zoning Appeals and autho rizing the Board of Commissioners of Fulton County to create a County Planning Commission so as to provide conditions and requirements rela tive to zoning and zoning changes; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1209. By Representatives Harris of the 8th, Murphy of the 18th, Collins of the 144th, Lee of the 72nd, Edwards of the 110th, Cole of the 6th, Ware of the 68th, Vaughn of the 57th, Daugherty of the 33rd, Wilson of the 19th and others:
A Bill to provide a procedure for fiscal notes for certain bills and for a time limitation for the introduction of such bills; and for other purposes.
Referred to the Committee on Rules.

HB 1210. By Representatives Harris of the 8th, Murphy of the 18th, Collins of the 144th, Lee of the 72nd, Edwards of the 110th, Cole of the 6th, Ware of the 68th, Vaughn of the 57th, Daugherty of the 33rd, Wilson of the 19th and others:
A Bill to create a Fiscal Affairs Subcommittee within each House of the General Assembly; to provide for the powers, duties and responsibilities of the Subcommittees; and for other purposes.
Referred to the Committee on Rules.

HR 353-1210. By 'Representatives Reaves of the 147th, Phillips of the 120th, Larsen of the 27th, Battle of the 124th, Chance of the 129th, Phillips of the 91st, Patten of the 146th, Smith of the 42nd, Colwell of the 5th, Thomason of the 8th and others:
A Resolution relative to rules and regulations for individual water supply systems; and for other purposes. Referred to the Committee on Natural Resources.

TUESDAY, MARCH 18, 1975

3059

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

HB 1185. By Representatives Beckham of the 89th, Calhoun of the 88th, Sams of the 90th, Irvin of the 23rd, Larsen of the 119th and Lane of the 81st:
A Bill to provide requirements for the receipt of unemployment com pensation benefit payments; and for other purposes.

HB 1186. By Representatives Beckham of the 89th, Calhoun of the 88th, Sams of the 90th, Irvin of the 23rd, Larsen of the 119th, Lane of the 81st, Karrh of the 106th and Toles of the 16th:
A Bill to provide requirements for the receipt of assistance payments made pursuant to the Aid to Dependent Children Act; and for other purposes.

HB 1187. By Representatives Colwell and Twiggs of the 4th:
A Bill to create the office of Commissioner of Union County; and for other purposes.

HB 1188. By Representative Russell of the 53rd:
A Bill to protect against conflict of interest and unethical conduct on the part of public officials and employees; to prohibit certain acts con stituting conflict of interest; to prohibit certain types of compensation for public officials and employees other than that compensation derived from the performance of their official duties; to cerate a Georgia Ethics Commission; and for other purposes.

HB 1189. By Representative Russell of the 53rd:
A Bill to provide for law enforcement assistance in the event of natural disasters, civil disorders or other unusual occurrences; to provide for the furnishing of law enforcement assistance by municipalities, counties and the State in the event a natural disaster, civil disorder or other unusual occurrence takes place within any municipal corporation, county or combination thereof; and for other purposes.

HB 1190. By Representative Russell of the 53rd:
A Bill to provide that it shall be unlawful for any municipal corporation, county, sheriff, police department, public authority, or any department, board, bureau, agency or commission of State government to purchase any automobile for use by law enforcement officers in the performance of their official duties unless such automobile meets or exceeds certain minimum vehicle specifications; and for other purposes.

HB 1191. By Representatives Russell of the 53rd and Walker of the 115th: A Bill to provide for the furnishing of full-time police services by certain

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municipal corporations, counties and the Georgia State Patrol and offi cers and officials thereof; and for other purposes.

HB 1192. By Representatives Davis and Tolbert of the 56th:
A Bill to amend an Act creating the Dept. of Public Safety and pro viding for the issuance, suspension, revocation and cancellation of driver's licenses so as to provide for certain notices of change of ad dresses or names; to permit distribution of names and addresses of licensees and applicants for licenses; and for other purposes.

HR 349-1192. By Representatives Parrish of the 97th, Thompson of the 93rd, Berry of the 94th, King of the 96th, Phillips of the 91st, Smyre of the 92nd and Buck of the 95th:
A Resolution proposing an amendment to the Constitution so as to en courage and enhance overall economic development, increase employment, promote industry and commerce, provide incentives for the location of new (or the expansion of existing) manufacturing, processing, storage or transshipment facilities by authorizing the governing authority of Columbus-Muscogee County or any municipal corporation within Muscogee County, and for other purposes.

HB 1193. By Representative Knight of the 67th:
A Bill to amend Code Title 46, relating to garnishment, so as to require that an affidavit for garnishment be made before a judge, magistrate, or justice of the peace; to require such affidavit to clearly set out the facts upon which the garnishment is claimed and the facts upon which apprehension of loss is based; and for other purposes.

HB 1194. By Representative Knight of the 67th:
A Bill to amend Code Chapter 27-25, relating to sentencing and execu tions, so as to provide for presentence investigations and written reports in certain felony cases; to provide for the presentence investigation to begin prior to adjudication of guilt under certain circumstances; to pro vide for the contents of the presentence report; to provide for the dis closure of the presentence report; and for other purposes.

HB 1195. By Representative Knight of the 67th:
A Bill to amend an Act creating a State Planning and Programming Bureau so as to direct the Dept. of Community Development to make certain funds available for area or multi-county planning and develop ment commissions; to require annual audits of such funds; and for other purposes.
HR 350-1195. By Representative Murphy of the 18th:
A Resolution authorizing the State Librarian to furnish the Paulding County Law Library with certain books; and for other purposes.

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3061

HB 1196. By Representative Phillips of the 91st:
A Bill to revise the provision of public health and public welfare ser vices; to provide for a short title ("Local Health & Rehabilitation Services Act of 1975") ; to define certain terms; to create county boards of human resources; to transfer certain public welfare and public health functions, employees, and certain property of existing county and district organizations to the Dept. of Human Resources; and for other purposes.

HB 1197. By Representatives Carr of the 105th and Karrh of the 106th:
A Bill to amend an Act placing the Tax Receiver of Johnson County on an annual salary in lieu of the fee system of compensation so as to change the annual salary of the tax receiver; and for other purposes.

HB 1198. By Representatives Evans of the 99th, Banks of the 104th, Bowman of the 103rd, Randall of the 101st, Pinkston of the 100th and Lucas of the 102nd:
A Bill to amend an Act creating the Middle Georgia Coliseum Authority so as to increase the amount of revenue bonds which the Authority is empowerd to issue; to authorize political subdivisions contracting with the Authority to convey public property to the Authority; and for other purposes.

HB 1199. By Representatives Lane of the 40th, Hudson of the 137th, Adams of the 36th, Davis of the 56th, Harden of the 154th, Tucker of the 73rd, Twiggs of the 4th, Kilgore of the 65th, Dover of the llth, Evans of the 84th and others:
A Bill to provide a procedure for fiscal notes for certain bills and for a time limitation for the introduction of such bills; to provide a short title ("Georgia Fiscal Note Act") ; to provide for all procedures, require ments and other matters relative to the foregoing; and for other pur poses.

HB 1200. By Representatives Beckham of the 89th, Sams of the 90th, Miles of the 86th, Calhoun of the 88th, Connell of the 87th, Dent of the 85th and Evans of the 84th:
A Bill to change the compensation of certain county officers and their employees and certain officials who are compensated by certain counties; and for other purposes.

HB 1201. By Representatives Wilson of the 19th, Harrison of the 20th, Kreeger of the 21st, Cooper of the 19th and Nix of the 20th:
A Bill to amend an Act providing for a new charter for the City of Marietta so as to extend the corporate limits of said city; and for other purposes.

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SB 200. By Senators Hudson of the 35th and Stephens of the 36th:
A Bill to amend Georgia Code Section 26-1704, relating to bad checks, so as to add certain language thereto relating to a commitment hearing on trial involving a bank or depository beyond the subpoena power of the court; and for other purposes.

SB 329. By Senator Barker of the 18th:
A Bill to amend Code Chapter 56-12, relating to actions against in surance companies, so as to require insurance companies to acknowledge receipt of claims; and for other purposes.

SB 339. By Senator Langford of the 51st:
A Bill to amend Code Chapter 29-4, relating to recording of deeds, so as to require the address of the grantee to be entered on the reverse of a warranty deed before it may be recorded; and for other purposes.

SB 342. By Senators Howard of the 42nd and Langford of the 51st:
A Bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws of this State relative to game and fish, so as to change certain provisions applicable to the confiscation of commercial fishing boats; and for other purposes.

SB 353. By Senator Howard of the 42nd:
A Bill to provide for the regulation of off-road vehicles; to provide a short title ("Off-Road Vehicle Act of 1975") ; and for other purposes.

SB 362. By Senator McGill of the 24th:
A Bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to repeal the current provisions regarding the perfection and foreclosure of mechanics' liens on vehicles; and for other purposes.

SB 377. By Senator Doss of the 52nd:
A Bill to amend Code Chapter 56-5, relating to the rates for casualty, surety, vehicle, property, machine and transportation insurance, so as to provide for mandatory agreements for a determination of necessity by Commissioner; and for other purposes.

SR 121. By Senators Ballard of the 45th, Reynolds of the 48th, Brown of the 47th and Lewis of the 21st:
A Resolution relative to the proposed increase in the tax on motor fuels by the federal government; and for other purposes.

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3063

Representative Pinkston of the 100th 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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 149. Do Pass.
Respectfully submitted, Pinkston of the 100th, Chairman.

Representative Ross of the 76th District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the Senate and instructed me to report the same back to the House with the following recommendation:
SB 296. Do Pass.
Respectfully submitted, Ross of 76th, Chairman.

Representative Lane of the 81st District, Chairman of the Committee on Highways, submitted the following report:
Mr. Speaker:
Your Committee on Highways 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 36. Do Pass, by Substitute. Respectfully submitted, Lane of the 81st, Chairman.
Representative Mullinax of the 69th District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the

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following Bill of the Senate and has instructed me to report same back to the House with the following recommendation:
SB 368. Do Pass.

Respectfully submitted, Mullinax of the 69th, Chairman.

Representative Horton of the 43rd District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:
HB 940. Do Pass. SB 236. Do Pass, as Amended. SB 285. Do Pass, as Amended.
Respectfully submitted, Horton of the 43rd, Chairman.

Representative Reaves of the 147th 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 Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:
SR 99. Do Pass. SR 100. Do Pass.
Respectfully submitted, Reaves of the 147th, Chairman.

Representative Smith of the 78th 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

TUESDAY, MARCH 18, 1975

3065

Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:
HB 885. Do Pass. HB 936. Do Pass. HB 1090. Do Pass. SB 292. Do Pass. SB 334. Do Pass. SB 349. Do Pass. SB 353. Do Pass.

Respectfully submitted, Smith of the 78th, Chairman.

Representative Adams of the 36th 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 Legisla tion) 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 119. Do Pass, by Substitute. HB 234. Do Pass, as Amended. HB 654. Do Pass. HB 703. Do Pass. HB 720. Do Pass. HB 724. Do Pass. HB 917. Do Pass. HB 951. Do Pass. HB 994. Do Pass. HB 1004. Do Pass. HB 1024. Do Pass, by Substitute. HB 1076. Do Pass.
HB 1084. Do Pass.
HB 1092. Do Pass.
HB 1120. Do Pass.

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HB 1143. Do Pass. HB 1155. Do Pass. HB 1156. Do Pass. HB 1171. Do Pass. HB 1172. Do Pass, by Substitute. HB 1182. Do Pass. HB 1184. Do Pass. SB 68. Do Pass. SB 295. Do Pass, as Amended. SB 344. Do Pass. SB 244. Do Pass, as Amended.

Respectfully submitted, Adams of the 36th, Chairman.

Mr. Gignilliat of the 122nd District, Chairman of the Committee on Uni versity System of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia has had under considera tion the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
SB 282. Do Pass, as Amended. SB 255. Do Pass. HB 1109. Do Pass.
Respectfully submitted, Gignilliat of the 122nd, Chairman.

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

HB 119. By Representatives McKinney of the 35th, Clark of the 55th, Sheats of the 28th and Games of the 43rd:
A Bill 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; changing the population bracket to 300,000; and for other purposes.

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3067

The following Committee substitute was read and adopted:

A BILL

To be entitled an Act to amend an Act providing that cities having a population of more than 150,000 by the United States Census of 1920, or subsequent census, shall furnish pensions to all officers and employees of such cities who have served 25 years, approved August 20, 1927 (Ga. Laws 1927, p. 265), as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3803) changing the population bracket to 300,000 or more according to the United State Decennial Census of 1970, or any future such census, so as to authorize present officers and em ployees of such cities to claim for service pension rights credit certain time served as a member of the Armed Forces; to provide conditions for such credit; to amend an Act providing for pensions for members of police departments in cities having a population of 150,000 or more, ac cording to the latest census of the United States or any subsequent census thereof; and for other purposes more fully set out in the caption of said Act approved February 15, 1933 (Ga. Laws 1933, p. 213), as amended, so as to authorize present members of such pension funds to claim for service pension rights credit certain time served as a member of the Armed Forces; to provide conditions for such credit; to amend an Act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000, according to the United States Census of 1920 or any subsequent census, approved August 13, 1924 (Ga. Laws 1924, p. 167), as amended, par ticularly by an Act approved February 20, 1964 (Ga. Laws 1964, p. 2161), and an Act approved April 5, 1971 (Ga. Laws 1971, p. 2937), so as to authorize present members of such pension funds to claim for service pension rights credit certain time served as a member of the Armed Forces; to provide conditions for such credit; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing that cities having a population of more than 150,000 by the United States Census of 1920, or subsequent census, shall furnish pensions to all officers and employees of such cities who have served 25 years, approved August 20, 1927 (Ga. Laws 1927, p. 265), as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3803) changing the population bracket to 300,000 or more according to the United States Decennial Census of 1970, or any future such census, is hereby amended by adding at the end thereof the following:

"Any present officer or employee of any such city may claim for service pension rights credit any time served as a member of the Armed Forces during a period of actual hostilities, not exceeding four (4) years. 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 any such city 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

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compensation due such person. Said officer or employee shall not be qualified to participate under the provisions of this Section until he has attained 10 years of creditable service in the pension system and unless he has been honorably discharged from the Armed Forces. Any officer or employee coming under the terms of this Act who is in the employment of any such city immediately prior to the effective date of this paragraph may elect to come under the provisions of this paragraph by making written application to the Pension Board on or before December 31 of the year in which this paragraph shall be adopted."

Section 2. An Act providing for pensions for members of police departments in cities having a population of 150,000 or more, according to the latest census of the United States or any subsequent census thereof; and for other purposes more fully set out in the caption of said Act approved February 15, 1933 (Ga. Laws 1933, p. 213), as amended, is hereby amended by adding at the end thereof the following:

"Any present member for the pension system for members of the police department of any such city may claim service pension rights credit any time served as a member of the Armed Forces during a period of actual hostilities, not exceeding four (4) years. 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 any such department 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. Said officer or employee shall not be qualified to participate under the provisions of this Section until he has attained 10 years of creditable service in the pension system and unless he has been honorably discharged from the Armed Forces. Any officer or employee coming under the terms of this Act who is a member of any such retirement system immediately prior to the ef fective date of this paragraph may elect to come under the provisions of this paragraph by making written application to the Pension Board on or before December 31 of the year in which this paragraph shall be adopted."

Section 3. An Act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000, according to the United States Census of 1920 or any subsequent census, approved August 13, 1924 (Ga. Laws 1924, p. 167), as amended, particularly by an Act approved February 20, 1964 (Ga. Laws 1964, p. 2161), and an Act approved April 5, 1971 (Ga. Laws 1971, p. 2937), is hereby amended by adding at the end thereof the following:

"Any present member for the pension system for members of the fire department of any such city may claim service pension rights credit any time served as a member of the Armed Forces during a period of actual hostilities, not exceed four (4) years. 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 any such department during such time,

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3069

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'/t and the amount thereof deducted from any compensation due such person. Said officer or employee shall not be qualified to participate under the provisions of this Section until he has attained 10 years of creditable service in the pension system and unless he has been honorably discharged from the Armed Forces. Any officer or employee coming under the terms of this Act who is a member of any such retirement system immediately prior to the effective date of this paragraph may elect to come under the provisions of this paragraph by making written application to the Pension Board on or before December 31 of the year in which this paragraph shall be adopted."

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

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

On the passage of the Bill, by substitute, the ayes were 150, nays 0.

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

HB 1024. By Representatives Lucas of the 102nd, Randall of the 101st, Bowman of the 99th and others:
A Bill to amend an Act to reenact the charter of the City of Macon so as to provide for the election of aldermen from districts; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend 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, approved August 3, 1927 (Ga. Laws 1927, p. 1283), as amended, particularly by an Act approved March 17, 1967 (Ga. Laws 1967, p. 2180), an Act approved March 21, 1968 (Ga. Laws 1968, p. 2795), and an Act approved February 21, 1974 (Ga. Laws 1974, p. 2051), so as to provide for the election of aldermen from districts; to designate the boundaries of such election districts; to require equal representation for such districts; to provide for selection of a president of the council and a president pro tempore of the council; to provide for requirements of residency; to provide for appointments of aldermen to committees; to re peal a specific Section of a specific amendatory Act relating to power to prescribe ward limits;' to provide for legislative intent; to provide for

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other matters relevant thereto; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act to reenact the charter of the City of Macon con tained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts, approved August 3, 1927 (Ga. Laws 1927, p. 1283), as amended, par ticularly by an Act approved March 17, 1967 (Ga. Laws 1967, p. 2180), an Act approved March 21, 1968 (Ga. Laws 1968, p. 2795), and an Act approved February 21, 1974 (Ga. Laws 1974, p. 2051), is hereby amended by striking Section 4 thereof in its entirety and substituting a new Section 4, to read as follows:

"Section 4. Election of aldermen from districts; power to pre scribe number of aldermen.-- (a) The aldermen of the City of Macon shall be elected from five election districts as such districts are de fined in subsection (b).

(b) The several election districts for the City of Macon shall include all territory lying within the following described tracts:
District 1.
Bibb Macon CCD 20 Tract 102 ED's 63 and 64 Tract 110 Except ED 164 Tracts 111 and 112 Tract 113 Except ED 182 Tract 117 Except ED 163 Tract 119 Tract 133 ED 16
Jones Gray-Griswold CCD 7 Tract 301 ED 7 ED 13 that portion within the corporate limits of Macon.
District 2.
Bibb Macon CCD 20 Tract 126 ED's 148, 149 and 150

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Tracts 128 and 129 Tract 130
ED's 140 and 141 Tract 131
ED's 155, 156, 157, 158, 159 and 160 Tract 132
ED's 152, 153A, 153B and 154.

District 3.
Bibb
Macon CCD 20 Tract 101 Tract 102 ED 65 Tract 103 ED's 99, 100 and 101 Tract 104 ED's 105 and 106 Tracts 105, 106, 107, 108, 109 and 114 Tract 115 ED 127 Tract 116 ED 46.

District 4.
Bibb
Macon CCD 20 Tract 104 ED's 107, 108, 109 and 110 Tract 115 ED's 128, 129 and 130 Tract 116 ED's 47, 48, 49 and 50 Tract 123 ED's 97 and 98 Tract 125 ED's 102, 103 and 104 Tract 126 ED's 145, 146 and 147 Tract 127.

District 5.
Bibb
Macon CCD 20 Tract 118 Tract 120, except ED 165 Tract 121 ED's 80, 81, 82, 83, 84, 85 and that portion of ED 167 incorporated into the city limits of Macon. Tract 122 ED's 87, 88 and 89

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Tract 123 ED's 94, 95 and 96
Tract 124 ED's 90, 91, 92 and 93
Tract 132 ED 151
Tract 134 ED 86.

(c) Each election district shall be represented by three aldermen, each of whom shall reside in the election district he represents. Two aldermen from each election district shall be elected by the qualified electors of the City of Macon residing in the election district. One alderman from each election district shall be elected by the qualified electors of the City of Macon.

(d) Each election district shall be composed of three posts, two of which shall be designated as posts to be filled by the qualified electors living within the election district and one of which shall be filled by the qualified electors of the City of Macon. At the time for qualifying each candidate shall designate the post to which he seeks election."

Section 2. Said Act is further amended by striking Section 4A in its entirety, and substituting in lieu thereof a new Section 4A, to read as follows:

"Section 4A. (a) The legislative power of the City of Macon shall be vested in the council.

(b) The council shall select a president of the council from the five aldermen elected by the qualified electors of the City of Macon. In the event that a vacancy shall occur in the office of Mayor of the City of Macon, the president of the council shall succeed to the of fice of mayor until the next general election as set forth by the laws of the State of Georgia and there shall be no special election called to fill the vacancy. The president of the council shall preside at all meetings of the council, and he shall have all the rights, privileges and responsibilities of the other members of the council, including but not limited to the right to vote. The president of the council may be removed before the expiration of his term by a vote of two-thirds of the council.

(c) The council shall likewise select a president pro tempore of the council from the five aldermen elected by the qualified voters of the. City of Macon who, in the event the president of the council succeeds to the office of mayor, shall have the same powers as here inbefore provided. He shall preside as presioent of the council while the original president of the council is unable to serve for any reason or is serving as mayor. The president pro tempore may be removed before the expiration of his term by a vote of two-thirds of the council.

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3073

(d) The president of the council may receive a compensation in addition to that provided for aldermen, to be determined within the discretion of the council.

(e) All appointments of aldermen to the committees of the council shall be made by a majority vote of a committee on commit tees consisting of the mayor, the president of the council and the president pro tempore of the council."

Section 3. Said Act is further amended by adding a new Section after Section 4A, to be designated Section 4B, to read as follows:

"Section 4B. Any other provisions of this charter to the contrary notwithstanding, each alderman elected in the municipal election held in November, 1975, shall be required to have resided in the election district he represents only on the day of his qualification and there after during his term of office. At each municipal election held thereafter the aldermen shall meet such requirements of residency as may otherwise be provided for by law."

Section 4. The first aldermen elected under the provisions of this Act shall be elected in the municipal election held in November, 1975. All aldermen in office on the effective date of this Act shall continue in office until the second Tuesday in December, 1975, and until their successors are elected and qualified.

Section 5. Section 1 of 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", approved March 17, 1967 (Ga. Laws 1967, p. 2180), is hereby repealed in its entirety.

Section 6. In the event an objection to the apportionment of the City of Macon, as set forth in this Act, is interposed pursuant to the au thority of Section 5 of the Voting Rights Act of 1965, 42 USC 1973c., then this Act shall be automatically repealed and shall be null, void and of no force and effect, and the provisions of the charter of the City of Macon, as such provisions existed prior to the enactment of this amend ment, shall control the designation of wards, numbers of aldermen and other matters provided for in this Act relative to the City of Macon.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

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

On the passage of the Bill, by substitute, the ayes were 150, nays 0.

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

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HB 234. By Representative McKinney of the 36th:
A Bill to provide for the compensation of the sheriff of certain counties; and for other purposes.

The following amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 234 as follows:
by substituting the figure "$28,500.00" for the figure "$32,500.00" in line 10 on page 1.
by substituting the figure "600,000" for the figure "500,000" in line 8 on page 1.

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 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1172. By Representatives Colwell and Twiggs of the 4th: A Bill to amend an Act placing the Sheriff of Fannin County upon an annual salary so as to change the compensation of the sheriff; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act placing the Sheriff of Fannin County upon an annual salary, approved March 11, 1965 (Ga. Laws 1965, p. 2294), as amended by an Act approved March 21, 1968 (Ga. Laws 1968, p. 2713), and an Act approved April 15, 1969 (Ga. Laws 1969, p. 2634), so as to change the compensation of the sheriff; to change the amount allowed the sheriff for the feeding of prisoners; to provide for the employment and compensation of certain of the sheriff's personnel; to provide for all other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing the Sheriff of Fannin County upon an annual salary, approved March 11, 1965 (Ga. Laws 1965, p. 2294), as

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3075

amended by an Act approved March 21, 1968 (Ga. Laws 1968, p. 2713), and an Act approved April 15, 1969 (Ga. Laws 1969, p. 2634), is hereby amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:

"Section 2. The Sheriff of Fannin County shall receive an an nual salary of $10,500.00 per annum, payable in equal monthly installments from the funds of Fannin County. The sheriff shall also receive from county funds, for each prisoner confined in the county jail, $3.50 per day to feed said prisoners."

Section 2. Said Act is further amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows:

"Section 4. The Sheriff of Fannin County shall have the sole power and authority to appoint the following personnel, each of whose compensation shall be payable in equal monthly installments from the funds of Fannin County: two deputies who shall receive an annual salary not exceeding $8,500.00; three deputies who shall receive an annual salary not exceeding $7,500.00; two deputies who shall receive an annual salary not exceeding $7,500.00, provided that the said two deputies shall be employed only for the purpose of com plying, as necessary, with the federal minimum wage and hour laws; three radio operators who shall receive an annual salary not exceeding $7,200.00; one janitor who shall receive an annual salary not exceeding $5,300.00; and one secretary who shall receive an an nual salary not exceeding $7,500.00. No employee of the sheriff shall receive a monthly salary which is in excess of one-twelfth the annual salary provided in this Section. The sheriff shall also be authorized to employ such additional personnel to assist him in discharging the official duties of his office as deemed necessary by the governing authority of Fannin County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall be employed by him and to prescribe their duties and assignments and to remove or replace such em ployees at will and within his sole discretion. The governing authority of Fannin County shall fix the compensation of the personnel pro vided for in this Section, within the prescribed limitations."

Section 3. Said Act is further amended by striking Section 6 in its entirety and substituting in lieu thereof a new Section 6 to read as follows:

"Section 6. The governing authority of Fannin County shall furnish the sheriff with not less than two automobiles equipped with the equipment commonly on or in automobiles used by law enforce ment officers including two-way radios. The automobiles so furnished shall be the property of Fannin County and shall be used by the sheriff and his deputies only on official business. The governing au thority of said county shall also furnish all the necessary gasoline, oil, maintenance and repair costs for said automobiles and replace
said automobiles when necessary."

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Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

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 150, nays 0.

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

SB 244. By Senators Riley of the 1st and McDowell of the 2nd:
A Bill to amend an Act entitled "An Act to make the Savannah Port Authority for the harbor and port of Savannah a body corporate and politic; to confer upon it certain powers, duties and jurisdiction; to au thorize the City of Savannah to delegate to it lawful power, authority and function; and for other purposes.

The following amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend Senate Bill 244 as follows:
By striking the word "Police" where it apepars at the beginning of Section 3 in line 29 on page 4 and inserting in lieu thereof the following:
"Except as may be prohibited by the Constitution of the State of Georgia, as amended, police".

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 150, nays 0.

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

SB 295. By Senator Summers of the 53rd:
A Bill to amend an Act placing the Sheriff of Chattooga County upon an annual salary, as amended, so as to change the provisions relative to deputies and other personnel of the Sheriff's office.

TUESDAY, MARCH 18, 1975

3077

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend SB 295 as follows:

By inserting in the title, following the word "office" on line 5 of page 1, the following:

"; to repeal the provisions relating to supplying food to prison ers in the county jail".

By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.

By inserting, following Section 1, a new Section 2, to read as follows:

"Section 2. Said Act is further amended by striking Section 3, which reads as follows:

'Section 3. The food which the sheriff would ordinarly be re sponsible for supplying for prisoners in the county jail shall, after the effective date of this Act, be supplied by the county work camp and the sheriff shall no longer furnish food for such prisoners nor receive any funds whatsoever for any such food. In the event the county work camp is closed, or in the event it becomes impossible for such Camp to furnish the aforesaid food, the governing authority of the county shall contract with a local restaurant or restaurants for furnishing food to the prisoners.' ",

in its entirety.

By striking from line 28 of page 4 the following: "5",

and inserting in lieu thereof the following: "10".

By striking subsection (f) on lines 18 of page 5 through 5 on page 6, and inserting in lieu thereof a new subsection (f), to read as follows:

" (f) For every fiscal year after the 1976 fiscal year, the budget, with all amendments thereto, for the immediately preceding year shall continue in effect during the time provided herein for the review of the new budget by the governing authority and, when necessary, by the advisory board. When approved the new budget, as finally approved by the governing authority, shall be retroactive to the first day of the fiscal year for which said budget is submitted.
For the fiscal year 1975, the governing authority shall pay all sums which become due and payable under the budget submitted by

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the sheriff even though the budget might not have been approved by the governing authority; provided, however, that if the governing au thority disapproves one or more of the budgets submitted by the sheriff, the governing authority shall be authorized to revise such budget or budgets and pay only the sums it deems necessary for the period provided herein for the review of the budget by the advisory board, and provided further, that the budget as finally determined and approved shall be retroactive to the first day of the 1975 fiscal year."

By inserting, following the word "amendment", on line 30 of page 6, the following:

", the reason for such need".

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 150, nays 0.

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

HB 654. By Representative Greer of the 43rd:
A Bill to amend an Act establishing the City Court of Atlanta so as to add and provide for an additional judge of the Criminal Court of Fulton County; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

HB 703. By Representative Felton of the 22nd :
A Bill to provide for the election of members of the Board of Education of Fulton County; to provide for education 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 150, nays 0.

TUESDAY, MARCH 18, 1975

3079

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

HB 720. By Representatives Johnson, Lee, West and Bailey of the 72nd:
A Bill to amend an Act creating a system of pensions and retirement pay for officers, deputies and employees of Clayton County and the Clayton County Water Authority; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

HB 724. By Representative Holmes of the 39th:
A Bill to amend an Act reincorporating the City of Atlanta in the Coun ties of Pulton and DeKalb so as to change the corporate limits of the City of Atlanta; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

HB 917. By Representatives Carlisle and Mostiler of the 71st: A Bill to provide a new charter for the Town of Tyrone; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 150, nays 0.

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

HB 951. By Representative Gammage of the 17th:
A Bill to amend an Act placing certain officers of Polk County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff's deputies; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

HB 994. By Representative Matthews of the 145th:
A Bill to provide a new Charter for the City of Berlin, Georgia, in the County of Colquitt; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 150, nays 0.

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

HB 1004. By Representative Matthews of the 145th:
A Bill to provide a new Charter for the City of Norman Park, Georgia, in the County of Colquitt; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 150, nays 0.

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

HB 1076. By Representatives Lambert of the 112th, Baugh of the 108th, Parham of the 109th and Ham of the 80th:
A Bill to amend an Act providing an annual salary for the official court reporters of the Ocmulgee Judicial Circuit so as to provide an expense allowance for said reporters; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

TUESDAY, MARCH 18, 1975

3081

HB 1084. By Representative Russell of the 64th:
A Bill to repeal an Act to reincorporate the City of Winder in the County of Barrow so as to eliminate one of two duplicate charters for said city enacted during the 1974 regular session of the General Assembly; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

HB 1092. By Representative Collins of the 144th:
A Bill to provide a new charter for the City of Baconton, Georgia, in the County of Mitchell; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 150, nays 0.

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

HB 1120. By Representative Dixon of the 151st: A Bill to create the Downtown Waycross Development Authority; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 150, nays 0.

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

HB 1143. By Representative Hatcher of the 131st:
A Bill to provide a new charter for the City of Leary, Georgia, in the County of Calhoun; and for other purposes.

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

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JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 150, nays 0.

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

HB 1155. By Representative Larsen of the 119th:
A Bill to amend an Act creating the State Court of Laurens County so as to provide for a secretary to 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 150, nays 0.

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

HB 1156. By Representative Larsen of the 119th:
A Bill to amend an Act incorporating the Town of East Dublin so as 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 150, nays 0.

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

HB 1171. By Representatives Wall of the 61st, Phillips of the 59th and Harris of the 60th:
A Bill to create the Gwinnett County Public Facilities 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 150, nays 0.

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

TUESDAY, MARCH 18, 1975

3083

HB 1182. By Representatives Tolbert of the 56th, Noble of the 48th, Williamson of the 45th and others:
A Bill to create the DeKalb County Solid Waste Disposal and Resource Recovery 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 150, nays 0.

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

HB 1184. By Representatives Harris and Stone of the 138th:
A Bill to amend an Act establishing the State Court of Appling County so as to change the minimum salaries of the judge and the solicitor of said court; to authorize the governing authority of Appling County to fix the salaries of the judge and the solicitor of said court; to change the terms of court; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

SB 68. By Senator Howard of the 42nd:
A Bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, as amended, so as to change the corpo rate limits of the City of Atlanta; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

SB 344. By Senator McDuffie of the 19th:
A Bill to amend an Act creating the Office of Commissioner of Bleckley County, as amended, so as to change certain provisions relating to the expenses of the commissioner; and for other purposes.

3084

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 150, nays 0.

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

The following message was received from the Senate through Mr. McWhorter the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:

HB 299. By Representatives Davis, Tolbert and Ray of the 56th, Williamson of the 45th and others:
A Bill to amend Code Chapter 32-9, relating to county boards of educa tion, so as to provide for certain qualifications of members of the county boards of education of certain counties (population 400,000-500,000).

HB 833. By Representative Carnes of the 43rd:
A Bill to amend the "Georgia Industrial Loan Act", approved March 4, 1955, so as to authorize the commissioner to place any licensee on proba tion; to authorize the commissioner to subject licensees to monetary penalties for certain violations.

HB 863. By Representative Connell of the 87th:
A Bill to amend an Act entitled "An Act to create a Board of Commis sioners for Roads and Revenues for the County of Richmond; to define their powers and duties; and for other purposes.", so as to authorize the board to regulate and control access points and utility excavations on county roads.

HB 893. By Representatives Lane of the 81st, Cole of the 6th, Sweat of the 150th and others:
A Bill to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation so as to authorize the Commissioner of Transportation or the Deputy Commissioner of Transportation to simul taneously serve as State Highway Engineer.

HB 976. By Representatives Carlisle and Mostiler of the 71st: A Bill to amend an Act creating a new charter for the Town of Brooks

TUESDAY, MARCH 18, 1975

3085

so as to change the terms of office of the mayor and councilmen; to provide for the numbering of Posts on the council.

HB 991. By Representatives Twiggs and Colwell of the 4th:
A Bill to amend an Act placing the Sheriff of Gilmer County on a salary system in lieu of fees so as to change the provisions relative to the com pensation and expense allowance of the Sheriff.

HB 999. By Representatives Walker of the 115th, Watson of the 114th, and Waddle of the 113th:
A Bill to create the Perry Redevelopment Authority.

HB 1010. By Representative Battle of the 124th:
A Bill to provide for the compensation of the tax commissioner of all counties of this State having a population of not less than 180,000 nor more than 190,000 according to the U. S. Decennial Census of 1970 or any future such census.

HB 1011. By Representatives Beck of the 148th, Patten of the 149th, and Reaves of the 147th:
A Bill to amend an Act which provides for the election and terms of members of the Board of Education for the City of Valdosta, so as to change certain provisions relative to the election and terms of said members.

HB 1013. By Representative Cox of the 141st:
A Bill to provide for the appointment of the members of the Hospital Authority of Decatur County.

HB 1016. By Representatives Milford, Mann and Clark of the 13th:
A Bill to amend an Act abolishing the fee system of compensating the Sheriff of Franklin County and providing in lieu thereof an annual salary so as to change the provisions relating to the feeding of prisoners.

HB 1020. By Representative Tucker of the 73rd:
A Bill to create a new Charter for the City of Hampton, Georgia, in the county of Henry.

HB 1021. By Representative Tucker of the 73rd:
A Bill to amend an Act requiring the Board of Education and the School Superintendent of Henry County to publish a monthly financial state ment of receipts and disbursements and the annual itemized report of

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JOURNAL OP THE HOUSE,

the examination by the State Department of Audits of the Henry County Board of Education.

HB 1022. By Representative Tucker of the 73rd:
A Bill to amend an Act placing the sheriff, the clerk of the Superior Court and the judge of the probate court of Henry County on an annual salary in lieu of the fee system of compensation so as to provide that the salary of the chief- deputy of the sheriff shall be fixed by the gov erning authority of Henry County.

HB 1023. By Representative Tucker of the 73rd:
A Bill to amend an Act known as the "Henry County Development Author ity Act" so as to change the method of appointing the members of the Authority; to provide for the appointment of the members of the Author ity by the Board of Commissioners of Henry County.

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

HB 579. By Representative Rainey of the 135th:
A Bill to amend the Natural Resources Act of 1973 so as to authorize the Dept. of Natural Resources to contract for or provide itself necessary water transportation and essential services for its employees, other State employees, their families and other permanent residents of certain coastal islands.

HB 993. By Representative Leonard of the 3rd:
A Bill to create a charter for the City of Fort Mountain, Ga.; to provide for definitions; to provide for corporate limits.

HB 924. By Representatives Davis, Tolbert and Ray of the 56th, and others:
A Bill to authorize DeKalb County to require the repairing, closing or demolition of certain dwellings or structures intended for human habita tion or occupation which are unfit for human habitation or occupation or which imperil the health, safety and welfare of the citizens of said county.

HB 1036. By Representative Tucker of the 73rd:
A Bill to amend an Act incorporating the City of Stockbridge so as to change the corporate limits; to change the municipal general election date; to provide for a referendum.

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

TUESDAY, MARCH 18, 1975

3087

HB 998. By Representatives Johnson and Thomason of the 8th:
A Bill to amend an Act placing the Sheriff, Clerk of the Superior Court, Tax Commissioner and Judge of the Probate Court of Cherokee County on a salary system in lieu of fees so as to change the provisions relative to the compensation of the deputies and clerical assistants of said officers.

HB 530. By Representative Knight of the 67th: A Bill to provide for a board of elections in certain counties (population, 32,300-32,500).
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House, to-wit:

SR 145. By Senators Russell of the 10th, Young of the 13th, Timmons of the llth and others:
A Resolution relative to the economic plight and disaster experienced by and facing the cotton-producing sectors of the farming and agricultural industry in the State of Georgia and the United States.

SR 146. By Senator Kidd of the 25th: A Resolution relative to academic requirements for veterans in the colleges of this State.
HR 100-396. By Representatives Lambert of the 112th, and Carlisle of the 71st: A Resolution to authorize the Department of Revenue to write off uncollected check balances covering Motor Vehicle License fees.

HR 242-984. By Representative Peters of the 2nd:
A Resolution recognizing the City of Port Oglethorpe as an urban in corporated municipality.

SR 144. By Senator Holloway of the 12th:
A Resolution authorizing the conveyance of certain real property located in Lee and Dougherty Counties, Georgia.

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

SB 330. By Senator Brantley of the 56th:
A Bill to amend an Act reincorporating the City of Atlanta, approved March 16, 1973, as amended, so as to change the corporate limits of said city.

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JOURNAL OF THE HOUSE,

SB 343. By Senator Lewis of the 21st:
A Bill to amend Code Section 23-1602, relating to when claims against counties must be presented, as amended, so as to change certain limita tions wfth regard to claims for refund of county taxes due to overpayment.

SB 357. By Senator Warren of the 43rd:
A Bill to provide that .in all counties of this State having a population of not less than 400,000 nor more than 500,000 persons, it shall be lawful to erect signs bearing the word "SOLD" on certain residential property.

SB 369. By Senators Riley of the 1st and McDowell of the 2nd:
A Bill to fix the compensation of the judges of the Probate Courts in all counties of this State having a population of not less than 185,000 nor more than 190,000 according to the U. S. Decennial Census of 1970, or any future such census; to provide for the procedures connected therewith; to provide an effective date.

SB 379. By Senator Shapard of the 28th:
A Bill to amend an Act creating a Board of Commissioners for the counties of Spalding and Butts, approved Feb. 5, 1873, as amended, so as to provide for administrative personnel and clerical assistance for the Board of Commissioners of Spalding County.

SB 381. By Senators Barnes of the 33rd and Thompson of the 32nd:
A Bill to amend an Act providing for a new charter for the City of Marietta, Georgia, approved August 15, 1904, as amended, so as to extend the corporate limits of said city.

SB 382. By Senator Traylor of the 3rd:
A Bill to amend an Act creating the Board of Commissioners of Bryan County, approved March 22, 1941, as amended, so as to change the pro visions relating to the reelection of members of the board; to provide for the election of the chairman and vice chairman.

SB 384. By Senator Kidd of the 25th:
A Bill to amend an Act creating a new Charter for the City of Gordon, Georgia, approved March 12, 1965, as amended, so as to change the pro visions relating to the election of the mayor and aldermen and their terms of office.

SB 387. By Senators Holley of the 22nd and Lester of the 23rd:
A Bill to amend an Act known as the "Augusta-Richmond County Coliseum Authority Act", approved April 17, 1973, as amended, so as to

TUESDAY, MARCH 18, 1975

3089

further define the powers of the Authority; to provide the Authority power to enter into contracts with consolidated governments.

SB 390. By Senator McDuffie of the 19th:
A Bill to authorize and direct the Election Superintendent of Dodge County to hold an election on the question of establishing an elective Board of Education of Dodge County.

HB 20. By Representative Bray of the 70th:
A Bill 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 any highway, roadway or street if the suspension system of such vehicle has been altered more than two inches above or below the factory recom mendation for such vehicle.

HB 32. By Representative Alexander of the 38th:
A Bill to amend Code Section 34A-1204, relating to the time for opening and closing polls in municipal primaries and elections, so as to change the time for closing the polls in certain municipalities.

SB 63. By Senator Sutton of the 9th:
A Bill to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949, as amended, so as to authorize all eligible employees of the Georgia Agrirama Development Authority to become members of the Employees' Retirement System of Georgia.

SB 389. By Senators Garrard of the 37th, Eldridge of the 7th, Howard of the 42nd and Bell of the 5th:
A Bill to specify certain basic rights for law enforcement officers; to provide a short title; to provide definitions; to provide for the right of law enforcement officers to engage in political activity.

HB 115. By Representatives Buck of the 95th and Ross of the 76th:
A Bill to amend an Act establishing the Teachers' Retirement System so as to change the provisions relative to the establishment of creditable service for service under another retirement system.

HB 218. By Representatives Adams of the 14th and Toles of the 16th:
A Bill to amend Code Section 92-7601, relating to interest on executions issued for taxes, so as to provide that such executions shall bear interest at the maximum rate of interest allowed within this State.

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JOURNAL OF THE HOUSE,

HB 236. By Representatives Castleberry .of the lllth, Buck of the 95th, Oxford of the 116th and others:
A Bill 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.

HB 263. By Representative Lane of the 40th:
A Bill to provide that the local law enforcement agency charged with the responsibility for law enforcement within the school district attendance area and the board of education of each county and independent school system of this State shall study and evaluate the traffic safety require ments of the school system and the various individual schools therein.

HB 614. By Representatives Howell of the 140th, Greer of the 43rd, Bray of the 70th, and others:
A Bill to amend Code Chapter 34A-7 relating to the dates for municipal primaries and elections so as to provide for the procedures for holding municipal primaries and elections at the time of the general primary and election.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 15. By Representatives Buck of the 95th and Ross of the 76th:
A Bill to amend an Act establishing the Teachers' Retirement System so as to change the provisions relative to retirement benefits; to provide that any member who retired with 35 or more years of creditable service whose retirement benefit was reduced because of his age having been less than the normal age of retirement in effect at the time he retired shall be entitled to an adjusted retirement.

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

HB 669. By Representatives Walker of the 115th, Snow of the 1st, Sams of the 90th, and others:
A Bill to amend an Act reorganizing the State Department of Law so as to clarify the power of the Attorney General to investigate into the affairs of the State or any of its agencies or authorities or any person or organization dealing with the same.

HB 709. By Representatives Smith of the 78th, Jessup of the 117th and Coleman of the 118th:
A Bill to amend the Motor Vehicle Franchises to motor vehicle dealers.

TUESDAY, MARCH 18, 1975

3091

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

SB 380. By Senator Holley of the 22nd:
A Bill to amend an Act known as the "Development Authorities Law", approved March 28, 1969, as amended, so as to provide a more effective merchanism whereby local communities can stimulate economic growth and development.

HB 687. By Representative Howell of the 140th:
A Bill to amend Code Chapter 34A-13, relating to absentee voting in municipal primaries and elections so as to require the use of absentee ballots in all municipal primaries and elections; to provide the procedures for voting by absentee ballot in municipal primaries and elections.

The Senate has agreed to House substitute to the following Bill of the Senate, to-wit:

SB 205. By Senators Lewis of the 21st, Overby of the 49th, Banks of the 17th, and others:
A Bill to amend an Act providing for a new exclusive procedure for per sons whose liberty is being restrained by virtue of a sentence imposed against them by any State court of record, as amended, so as to provide certain grounds shall be considered waived in such cases under certain conditions.
The Senate has passed by the requisite constitutional majority the following Bill of the House, to-wit:

HB 335. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A Bill to amend an Act known as the "Georgia Civil Defense Act of 1951", as amended, so as to authorize each political subdivision of this State to acquire sites for installation of temporary housing units for victims of disasters.
The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendment thereto:

HB 998. By Representatives Johnson and Thomason of the 8th:
A Bill to amend an Act placing the Sheriff, Clerk of the Superior Court, Tax Commissioner and Judge of the Probate Court of Cherokee County on a salary system in lieu of fees so as to change the provisions relative to the compensation of the deputies and clerical assistants of said offi cers; and for other purposes.

3092

JOURNAL OF THE HOUSE,

The following Senate substitute was read:

A BILL
To be entitled an Act to amend an Act placing the Sheriff, Clerk of the Superior Court, Tax Commissioner and Judge of the Probate Court of Cherokee County on a salary system in lieu of fees, approved March 9, 1959 (Ga. Laws 1959, p. 2494), as amended, so as to change the provisions relative to the compensation of the deputies and clerical assistants of said officers; to provide for additional deputies and assis tants ; to provide an effective date; 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 placing the Sheriff, Clerk of the Superior Court, Tax Commissioner and Judge of the Probate Court of Cherokee County on a salary system in lieu of fees, approved March 9, 1959 (Ga. Laws 1959, p. 2494), as amended, is hereby amended by striking in its entirety subsection (a) of Section 2, and inserting in lieu thereof a new sub section (a) to read as follows:
"(a) The Sheriff of Cherokee County shall be compensated in the amount of $14,500.00 per annum, to be paid in equal monthly installments from the funds of Cherokee County. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the sheriff, provided that the sheriff shall still be entitled to receive seizure fees. The sheriff shall appoint twelve (12) deputies, one who shall be compensated in the amount of $645.00 per month and eleven who shall be compensated in the amount of $560.00 each per month, all to be paid from the funds of Cherokee County; provided, however, that to the extent federal funds are available, such compensation shall be paid from such federal funds. Each deputy shall also receive the uniform allowance provided in subsection (e). The annual salary for each deputy provided for herein shall be increased by $300.00 for each year of satisfactory service completed by each such deputy effective Janu ary 1, 1976, up to a maximum annual salary of $10,000.00 for any such deputy."
Section 2. Said Act is further amended by striking subsection (c) of Section 2 in its entirety and substituting in lieu thereof a new sub section (c) of Section 2 to read as follows:

"(c) The sheriff shall be authorized to appoint one office clerk who shall be compensated in equal monthly installments from the funds of Cherokee County in accordance with the following salary schedule: for a new employee the beginning salary shall be $4,200.00 per annum and the salary of any such clerk shall be increased by $300.00 per annum for each year of satisfactory service completed up to a maximum salary of $7,200.00 per annum. The sheriff shall also be authorized to employ three jailers at a salary not to exceed

TUESDAY, MARCH 18, 1975

3093

$4,800.00 per annum payable in equal monthly installments from the funds of Cherokee County or from available federal funds."

Section 3. Said Act is further amended by striking subsection (b) of Section 3 in its entirety and substituting in lieu thereof a new sub section (b) to read as follows:

"(b) The clerk shall be authorized to employ two deputy clerks and four clerical assistants. The two deputy clerks shall each be compensated in the amount of $8,000.00 per annum, payable in equal monthly installments from the funds of Cherokee County. Two clerical assistants shall be compensated in the amount of $6,000.00 per annum, payable in equal monthly installments from the funds of Cherokee County, and two clerical assistants shall be compensated in the amount of $4,200.00 per annum, payable in equal monthly installments from the funds of Cherokee County. The compensation provided above for the deputy clerks and the clerical assistants shall be increased by $300.00 per annum for each year of service completed after April 1, 1975, figured at the end of each such year of service. Such annual increases shall be payable in equal monthly installments from the funds of Cherokee County. Provided, however, that the total compensation payable to a deputy clerk or clerical assistant under the provisions of this Section shall not exceed a maximum of $10,000.00 per annum."
Section 4. Said Act is further amended by striking subsection (b) of Section 5 in its entirety and substituting in lieu thereof a new sub section (b) to read as follows:
"(b) The tax commissioner shall be authorized to employ five full-time assistants who shall be compensated in equal monthly installments from the funds of Cherokee County or from federal funds available in accordance with the same salary schedule pro vided for the office clerk of the sheriff in subsection (c) of Section 2 of this Act."
Section 5. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Johnson of the 8th moved that the House disagree to the Senate substitute to HB 998.

The motion prevailed and the Senate substitute was disagreed to.

HB 993. By Representative Leonard of the 3rd:
A Bill to create a charter for the City of Port Mountain, Ga.; to provide for definitions; to provide for corporate limits; and for other purposes.

3094

JOURNAL OF THE HOUSE,

The following Senate amendment was read:

The Senate moves to amend HB 993 as follows:
By adding in the title after the semicolon following the word "foregoing" on line 6 of page 2, the following:
"to provide for a referendum;".
By adding following Section 5.04 a new Section to be designated Section 5.05, to read as follows:
"Section 5.05. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election super intendent of Murray County to issue the call for an election for the purpose of submitting this Act to the electors of Murray County residing in the area within the proposed corporate limits of the City of Fort Mountain for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent 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 Murray County. The ballot shall have written or printed thereon the words:
'( ) YES Shall the Act incorporating and creating a char( ) NO ter for the City of Fort Mountain be approved?'
All persons desiring to vote for approval 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 Murray County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State."
By renumbering Section 5.05 as 5.06.

Representative Leonard of the 3rd moved that the House agree to the Senate amendment to HB 993.

On the motion, the ayes were 103, nays 0.

The motion prevailed and the Senate amendment to HB 993 was agreed to.

TUESDAY, MARCH 18, 1975

3095

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 778. By Representatives Lambert of the 112th and Carlisle of the 71st:
A Bill to amend an Act providing for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem taxation so as to provide that ad valorem taxes on motor vehicles held in a dealer's inventory as of January 1st shall be paid on or before April 1st where the motor vehicle is sold by the dealer prior to April 1st and otherwise that the ad valorem on such motor vehicles shall be paid at the time the motor vehicle is sold or on December 20th, which ever date comes first; and for other purposes.

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

On the passage of the Bill, the ayes were 96, nays 0.

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

HR 306-1138. By Representative Marcus of the 26th:
A Resolution authorizing the conveyance of certain State-owned real property located in Fulton County, Georgia, to Fulton County; and for other purposes.

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

On the adoption of the Resolution, the ayes were 97, nays 0.

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

By unanimous consent, HR 306-1138 was ordered immediately transmitted to the Senate.

HB 623. By Representatives Greer of the 43rd, Beckham of the 89th and Buck of the 95th:
A Bill to amend an Act entitled "An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act; and for other purposes.

3096

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

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 bev erages; to allocate funds derived from such taxes; to provide for the enforcement of this Act; to repeal laws in conflict with this Act; and to provide for the holding of an election to ratify or reject this Act; and for other purposes.", approved March 23, 1935 (Ga. Laws 1935, p. 73), as amended, particularly by an Act approved April 8, 1968 (Ga. Laws 1968, p. 1142), so as to provide that the State Revenue Commissioner or his authorized agents shall destroy any and all malt beverages found to be contraband; 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 license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act; to repeal laws in conflict with this Act; and to provide for the holding of an election to ratify or reject this Act; and for other pur poses.", approved March 23, 1935 (Ga. Laws 1935, p. 73), as amended, particularly by an Act approved April 8, 1968 (Ga. Laws 1968, p. 1142), is hereby amended by deleting from Section 17-A the following sentence:
"If no claim is filed to said goods so seized within 10 days, the same shall be sold at public sale, under such rules and regulations as the Commissioner shall hereafter adopt, and the proceeds of such sale retained by the Commissioner and paid over to the lawful authority to receive revenue from the sale of other alcoholic bever ages.",
and inserting in lieu thereof a new sentence, to read as follows:
"If no claim is filed to said goods so seized within 10 days, the same shall be destroyed by the State Revenue Commissioner or his authorized agents as contraband."
Section 2. The provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without his ap proval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 108, nays 0.

TUESDAY, MARCH 18, 1975

3097

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

By unanimous consent, HB 623, by substitute, was ordered immediately trans mitted to the Senate.
HB 783. By Representative Greer of the 43rd: A Bill to amend Section 92-3216, of the Georgia Code of 1933, as amended by Ga. Laws 1971, p. 819, and Ga. Laws 1973, p. 568, relating to the secrecy required of officials of the Department of Revenue with regard to the amount of income of any particulars set forth or disclosed in any report or return required under the Income Tax Act of 1931; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, HB 783 was ordered immediately transmitted to the Senate.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 450. By Representative Lane of the 40th:
A Bill to provide certain requirements in connection with blasting or excavating in the vicinity of certain underground utility facilities; and for other purposes.

Representative Lane of the 40th moved that the House insist on its position in disagreeing to the Senate substitute to HB 450 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

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

Representatives Lane of the 40th, Horton of the 43rd and Waddle of the 113th.

3098

JOURNAL OP THE HOUSE,

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 579. By Representative Rainey of the 135th:
A Bill to amend the Natural Resources Act of 1973 so as to authorize the Department of Natural Resources to contract for or provide itself necessary water transportation arid essential services for its employees, other State employees, their families and other permanent residents of certain coastal islands; and for other purposes.

The following Senate amendments were read:
SENATE AMENDMENT NO. 1 TO HB 579:
Amend HB 579 on Page 1, line 7, by adding after the word "resi dents", the following:
"or other homeowners who now own a home on the Island", and
By adding on Page 1, line 22, after the word "residents", the follow ing:
"or other homeowners who now own a home on the Island".
SENATE AMENDMENT No. 2 TO HB 579: Amend HB 579 on Page 1, line 5 and 20, by striking the word "essential" and inserting in lieu thereof the word "emergency".

Representative Rainey of the 135th moved that the House disagree to the Senate amendments to HB 579.

The motion prevailed and the Senate amendments to HB 579 were disagreed to.

HB 309. By Representatives Coleman of the 118th and Colwell of the 4th:
A Bill to authorize the Department of Administrative Services to formu late and implement a Statewide plan to regulate Public Safety Radio Services; and for other purposes.

The following Senate amendment was read:

The Senate offers the following amendment:
Amend HB 309 by striking on Page 2, line 4, the word "poses" and inserting in lieu thereof the word "possess",
and

TUESDAY, MARCH 18, 1975

3099

By striking on Page 3, line 24, the word "consideration" and insert ing in lieu thereof the word "conservation".

Representative Coleman of the 118th moved that the House agree to the Senate amendment to HB 309.

On the motion, the ayes were 101, nays 0.

The motion prevailed and the Senate amendment to HB 309 was agreed to.

HB 193. By Representatives Howell of the 140th, Bray of the 70th, Keyton of the 143rd and Leonard of the 3rd:
A Bill to amend Code Title 34, the Georgia Election Code, so as to provide that the registration list for any general primary or general election shall close thirty (30) days prior to said primary or election; and for other purposes.

The following Senate amendment was read:
The Senate moves to amend HB 193 by striking on Page 2, lines 18 and 23, and Page 3, lines 18 and 29, the following:
"at least".

Representative Howell of the 140th moved that the House agree to the Senate amendment to HB 193.

On the motion, the ayes were 100, nays 0.

The motion prevailed and the Senate amendment to HB 193 was agreed to.

The following Bill of the Senate was taken up for the purpose of considering the Senate substitute to the House substitute thereto:

SB 238. By Senators McDowell of the 2nd and Riley of the 1st:
A Bill to provide that in all counties of this State having a population of not less than 180,000 and not more than 190,000 and in all municipal corporations located within such counties, sales of alcoholic beverages for consumption on the premises shall be authorized during certain hours; and for other purposes.

3100

JOURNAL OF THE HOUSE,

The following House substitute was read:

A BILL
To be entitled an Act to provide that in all counties of this State having a population of not less than 180,000 and not more than 190,000 according to the United States Decennial Census of 1970 or any future such census, and in all municipal corporations located within such coun ties, wherein the sale of alcoholic beverages, distilled spirits, malt bev erages and wines is lawfully authorized, such sales for consumption on the premises shall be authorized during certain hours; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The provisions of any other law of this State to the contrary notwithstanding, in all counties of this State having a popula tion of not less than 180,000 and not more than 190,000 according to the United States Decennial Census of 1970 or any future such census, and in all municipal corporations located within such counties, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized, by ordinance of the governing body of such coun ty or municipality, such sales for consumption on the premises shall be authorized at any time from 11:55 p.m. on Saturdays until 2:55 a.m. on Sundays.
Section 2. Not less than five nor more than 180 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 election superintendent of each county having a population of not less than 180,000 and not more than 190,000, according to the United States Decennial Census of 1970 or any future such census, to issue the call for an election for the pur pose of submitting the provisions of this Act to the electors of such county for approval or rejection. The superintendent shall set the date of such election for the date of the presidential preference primary of 1976. The superintendent 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 each such county.

The ballot shall have written or printed thereon the words:
"( ) YES Shall the provisions of the Act authorizing the gov erning body of the county or municipalities located
( ) NO therein to permit the sale of alcoholic beverages, distilled spirits, malt beverages and wines for con sumption on the premises at any time from 11:55 p.m. on Saturdays until 2:55 a.m. on Sundays be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes" and those persons desiring to vote for rejection of the Act shall

TUESDAY, MARCH 18, 1975

3101

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 in such county and in all municipalities located within such county, otherwise it shall be void and of no force and effect in such county or in all municipalities located within such county.

The expense of such election shall be borne by the county. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

The following Senate substitute to the House substitute was read:
A BILL
To be entitled an Act to provide that in all counties of this State having a population of not less than 180,000 and not more than 190,000 according to the United States Decennial Census of 1970 or any future such census, and in certain municipal corporations located within such counties, 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; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The provisions of any other law of this State to the contrary notwithstanding, in all counties of this State having a popula tion of not less than 180,000 and not more than 190,000 according to the United States Decennial Census of 1970 or any future such census, and in all municipal corporations located within such counties, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized, by ordinance of the governing body of such county or municipality, such sales for consumption on the premises shall be authorized at any time from 11:55 p.m. on Saturdays until 2:55 a.m. on Sundays.
Section 2. The governing authorities of all municipal corporations located within those counties provided for above having a population of not less than 1,700 and not more than 1,800, according to the United States Decennial Census or any such future census, may provide by ordinance that the sale of all such beverages may be allowed at any time except between the hours 3:00 a.m. and 3:00 p.m. on Sundays.

3102

JOURNAL OF THE HOUSE,

Section 3. Not less than five nor more than 180 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 election superintendent of each county having a population of not less than 180,000 and not more than 190,000, according to the United States Decennial Census of 1970 or any future such census, to issue the call for an election for the purpose of submitting to the electors of such county the question of whether Section 1 of this Act shall be approved or rejected. The superintendent shall set the date of such election for the date of the presidential pref erence primary of 1976. The superintendent 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 each such county.

The ballot shall have written or printed thereon the words:

"( ) YES Shall the provisions of the Act authorizing the gov erning body of the county or municipalities located
( ) NO therein to permit the sale of alcoholic beverages, dis tilled spirits, malt beverages and wines for consump tion on the premises at any time from 11:55 p.m. on Saturdays until 2:55 a.m. on Sundays be ap proved?"

All persons desiring to vote for approval of Section 1 of the Act shall vote "Yes" and those persons desiring to vote for rejection of Section 1 of the Act shall vote "No". If more than one-half of the votes cast on such question are for approval of Section 1 of the Act, it shall become of full force and effect in such county and in all municipalities located within such county, otherwise it shall be void and of no force and effect in such county or in all municipalities located within such
county.

The expense of such election shall be borne by the county. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.

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

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

Representative Taggart of the 125th moved that the House disagree to the Senate substitute to the House substitute to SB 238.

The motion prevailed and the Senate substitute to the House substitute to SB 238 was disagreed to.

The following Resolution of the House was read and adopted:

TUESDAY, MARCH 18, 1975

3103

HR 352. By Representatives Lucas of the 102nd, Randall of the 101st, Bowman of the 103rd, Evans of the 99th and Banks of the 104th:

A RESOLUTION

Commending the Northeast High School Girl's Basketball Team of Macon; and for other purposes.

WHEREAS, Macon's Northeast High School Girl's Basketball Team recently won the 1975 State AAA Girl's Basketball Championship and holds the title as the Number One Girl's Basketball Team in the State for 1974-75; and

WHEREAS, Northeast's Lady Raiders have compiled an overall record of 27 wins and 2 losses and have achieved a school record of 24 straight victories during this year's season; and

WHEREAS, the Raiderettes have demonstrated considerable dedi cation and drive in attaining their first State trophy after having won regional titles for three consecutive years; and

WHEREAS, the Lady Raiders demonstrated an outstanding team response to the various pressures of this season, the most notable of which was the end of the season injury to the only senior player, Carolyn Braswell, who provided significant floor leadership in addition to out standing athletic ability; and

WHEREAS, the admirable record compiled by this team can only be attributed to the high level of talent, dedication and remarkable drive of the members of the team and to the supportive efforts and brilliant coaching ability of Mr. Alvin Copeland.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body do hereby recognize and commend the members and the Coach of the Northeast High School Girl's Basketball Team for their impressive record as a basketball team and for the sportsmanship and outstanding teamwork which they have shown during the 1974-75 basketball season.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit ap propriate copies of this resolution to the Northeast High School Girl's Basketball Team in Macon and to their coach, Mr. Alvin Copeland.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its amendment to the following Bill of the House, to-wit:

3104

JOURNAL OF THE HOUSE,

HB 389. By Representative Knight of the 67th:
A Bill to amend an Act providing that banks and certain other financial institutions shall be taxed in the same manner as private domestic corporations so as to provide the circumstances under which said Act shall become effective.

The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Duncan of the 30th, Foster of the 50th and Doss of the 52nd.

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 572. By Representatives McKinney of the 35th and Parkman of the 66th:
A Bill to bar civil liability of law enforcement officers in certain civil actions for false arrest and false imprisonment under certain circum stances and conditions; and for other purposes.

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

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

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Bailey Bargeron Battle Beck Beckham Berry Bray Burruss Burton Calhoun Carnes Carr Carrell Carter
Castleberry Chance
Childers Clark, Betty Clark, L.
Coleman

Collins Cooper Cox Davis Dixon Dover Edwards, C. W. Egan Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Glanton Ham Harden
Harris, B. B. Harris, J. G.
Harris, J. F. Harrison Hawkins
Hays

Horton Howard Howell Hudson Hutchinson Irvin, J. Jackson Jessup Johnson, R. Jones Jordan Keyton Kilgore Knight Kreeger Lambert
Lane, Dick Lane, W. J.
Lee Leggett Linder
Logan

TUESDAY, MARCH 18, 1975

3105

Long Mann Matthews, D. R. McCollum McDonald McKinney Mostiler Mullinax Nessmith Nix Owens Oxford Parham Parkman Patten, G. C.

Patten, R. L. Petro Phillips, L. L. Phillips, R. T. Ray Reaves Richardson Ross Rush Russell, J. Shanahan Sheats Sigman Sizemore Smith, J. R.

Stone Sweat Taggart Tolbert Triplett Tucker Twiggs Waddle Wall Watson West Whitmire Wilson Wood

Those voting in the negative were Representatives

Adams, Marvin Alexander Blackshear Bolster Brown Carlisle Childs Cole Crawford Daugherty Dean Dent Evans, B.

Glover Hamilton Hatcher Hill, B. L. Holmes Irwin . Johnson, W. R. Karrh Larsen, W. W. Leonard Lucas Miles

Parrish Phillips, W. R. Pinkston Randall Russell, W. B. Sams Scott Smyre Thompson Vaughn White Williams

Those not voting were Representatives:

Banks Baugh Bowman Buck Clifton Colwell Connell Culpepper Edwards, W. Elliott Gammage

Gignilliat Greer Hill, G. Irvin, R. King Larsen, G. K. Marcus Matthews, C. Milford Noble Peters

Rainey Smith, V. B. Snow Thomason Toles Townsend Walker Ware Wheeler Williamson Mr. Speaker

On the passage of the Bill, the ayes were 110, nays 37.

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

Representative Williams of the 54th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 572.

3106

JOURNAL OF THE HOUSE,

HR 172-836. By Representatives Snow and Hays of the 1st:
A Resolution authorizing the conveyance of certain real property located in Walker County, Georgia; and for other purposes.

The following Committee substitute was read and adopted:
A RESOLUTION
Authorizing the conveyance of certain real property located in Walker County, Georgia; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real prop erty located in Walker County, Georgia, which is currently under the control and jurisdiction of the State Forestry Commission; and
WHEREAS, said real property is more particularly described as follows, to wit:
"All that tract or parcel of land lying and being in the Seventh (7th) District and Fourth (4th) Section of Walker County, Georgia and being a part of Original Land Lot No. 98, in said district and section described as follows: To locate the beginning point of the lands herein conveyed measure South 10 degrees 30 minutes West a distance of 381 feet from the original Northeast corner of said Land Lot No. 98 to the Northeast corner of the Lee Caldwell property; thence measure South 85 degrees 45 minutes West a distance of 1034 feet to the West right-of-way line of the LaFayette-Summerville Public Highway known as the Dixie Highway and designated at U. S. Highway No. 27, this being the beginning point of the tract of land herein conveyed; thence from said beginning point of the tract of land herein conveyed due North a distance of 147 feet along the West right-of-way line of said LaFayette-Summerville Public Highway; thence due West a distance of 147 feet; thence due South a distance of 147 feet; thence due East a distance of 147 feet to the point of beginning, containing one-half (%) acre, more or less. All as shown by survey prepared by Frank Craven, Assistant District Forester of Georgia Forestry Commission, attached hereto and made a part hereof, being the same property deeded to the State of Georgia by Fay B. Murphy, Sr., Commissioner of Walker County, State of Georgia, Grantor to Georgia Forestry Commission, Grantee, recorded in Deed Book No. 149 at page 87 of the Records of Walker County Georgia."; and
WHEREAS, the above described real property is no longer needed by the State Forestry Commission or the State of Georgia, and is, there fore, surplus; and
WHEREAS, Walker County is desirous of obtaining said real property.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS-

TUESDAY, MARCH 18, 1975

3107

SEMBLY OF GEORGIA that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to convey the hereinabove described real property subject to the following conditions:

(1) that the said tract of land shall be conveyed to the governing authority of Walker County; and

(2) that the conveyance of said tract of land shall be approved by the State Properties Commission, or its successor; and

(3) that the conveyance of said tract of land shall be for con sideration as determined by the State Properties Commission, or its successor, and in the determination of said consideration for the conveyance of said tract of land the State Properties Commission, or its successor, may consider the benefit to the public of the pro posed public use of said tract of land in lieu of any other method of determining the consideration; and

(4) that the conveyance of said tract of land shall be upon such terms and conditions as may be mutually agreed upon by the gover ning authority of Walker County and the State Properties Commis sion, or its successor.

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

On the passage of the Resolution, by substitute, the ayes were 102, nays 0.

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

SB 72. By Senators Garrard of the 37th and Shapard of the 28th:
A Bill 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 provide for a Georgia Marriage and Family Counselor Licensing Board, the appointment of its members and its powers and duties; and for other purposes.

The following Committee substitute was read:
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 pro vide for declaration of purpose; to define certain terms; to provide for a Georgia Marriage and Family Counselor Licensing Board, the appoint ment of its members and its powers and duties; to authorize certain representations and activities; to provide for applications and licensing

3108

JOURNAL OF THE HOUSE,

of marriage and family counselors; to provide for fees and examinations; to provide for reciprocity; to provide for refusal, revocation and suspen sion of licenses; to provide for reinstatement; to prohibit certain activi ties; to provide for enforcement; to make certain communications privi leged; to provide for administration by the Joint Secretary, State Examining Boards; to provide for administrative procedures; to provide penalties; to provide an effective date; to provide for severability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. Short Title. This Act shall be known and may be cited as the "Marriage and Family Counselor Licensing Act."

Section 2. Declaration of Purpose. The practice of marriage and family counseling in the State of Georgia is hereby declared to affect the public safety and welfare and to be subject to regulation and control in the public interest and in order to protect the public from the unprofes sional, improper and unqualified practice of marriage and family counsel ing. This Act shall be liberally construed to carry out these objects and purposes.

Section 3. Definitions. As used in this Act, unless the context clearly requires otherwise:

(a) "Licensed marriage and family counselor" means an individual to whom a license has been issued pursuant to the provisions of this Act, which license is in force and not suspended or revoked as of the particular time in question.
(b) "Marriage and family counseling" means the rendering of pro fessional marriage and family counseling services to individuals, family groups and marital pairs, singly or in groups, whether such services are offered directly to the general public or through organizations, either public or private, for a fee, monetary or otherwise. "Marriage and family counseling" is a specialized field of counseling which centers largely upon the family relationship and the relationship between husband and wife. It also includes premarital counseling, predivorce and postdivorce counseling and family counseling. "Marriage and family counseling" consists of the application of principles, methods and techniques of counseling, and psychotherapeutic techniques for the purpose of resolv ing psychological conflict, modifying perception and behavior, altering old attitudes and establishing new ones in the area of marriage and family life.

(c) "Advertise" means, but is not limited to, the issuing or causing to be distributed any card, sign or device to any person; or the causing, permitting or allowing any sign or marking on or in any building or structure, or in any newspaper or magazine or in any directory, or on radio or television, or by advertising by any other means designed to secure public attention.

(d) "Board" means the Georgia Marriage and Family Counselor Licensing Board.

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(e) "Recognized educational institution" means any educational in stitution which grants a bachelor's, master's or doctor's degree and which is recognized by the Georgia State Board of Education; the State Board of Regents, University System of Georgia; a comparable established educational accrediting body; or by any accrediting body acceptable to the Georgia Marriage and Family Counselor Licensing Board established hereunder.

(f) "Joint Secretary" means the Joint Secretary, State Examining Boards.

Section 4. Authorized Representation; Prohibited Representation. Commencing January 1, 1976, no person who is not licensed under this Act shall advertise the performance of marriage and family counseling services or represent himself to be a licensed practicing marriage and family counselor, or use a title or description such as "marriage counsel or, advisor or consultant" or "family counselor, advisor or consultant", or any other name, style or description denoting that the person so engages in marriage and family counseling. Except as otherwise specifi cally provided in this Act, only a person licensed under this Act shall advertise himself, purport or describe himself as offering marriage or family counseling services. The use by an individual who is not licensed under this Act of such titles, descriptions or terms representative of a marriage and family counselor is prohibited by this Act only when in connection with the practice of marriage and family counseling as de fined in Section 3(b) of this Act. The use of such titles, descriptions or terms in connection with professional activities other than the rendering of professional marriage and family counseling services to individuals for a fee, monetary or otherwise, shall not be construed as implying that a person is licensed under this Act or as the practice of marriage and family counseling. No person licensed under this Act shall advertise by newspaper, magazine, radio, television or billboards that he or she is a licensed marriage and family counselor.

Section 5. Certain Marriage and Family Counseling Services Excepted. (a) Any individual who is not a licensed practicing marriage and family counselor shall not be limited in his activities; if he or she:

(1) As part of his duties as an employee of:

(i) an accredited academic institution; a federal, state, county or local governmental institution or agency; or a research facility while performing those duties for which he was employed by such an institution, agency or facility;

(ii) an organization which is nonprofit and which is, in the opinion of the board, a bona fide community agency, including but not limited to accredited Family Service Agencies, while perform ing those duties for which he was employed by such an agency;

(iii) a proprietary organization while performing those duties for which he was employed by such organization, provided his mar riage and family counseling duties are under the direct supervision

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and responsibility of a licensed practicing marriage and family counselor.

(2) As a student of counseling, marriage and family counseling intern or person preparing for the practice of marriage and family counseling under qualified supervision in a training institution or facility recognized by the board, provided that he is designated by such titles as "marriage counseling intern", "family counseling intern" or other title clearly indicating such training status.
(3) Has a temporary permit therefor which the board may issue in its discretion upon his filing an application for licensing under this Act.
(4) Has a temporary permit as a practicing marriage and family counselor under the supervision of a licensed practicing mar riage and family counselor, or a person designated by the board as an eligible supervisor, if he has a temporary permit therefor which the board may issue upon his completion of all of the requirements for licensing under this Act, except the supervised experience re quirement. Provided, however, that no person shall practice with a temporary permit for over three years.
(b) Nothing in this Act shall be construed to prevent qualified mem bers of other professional groups such as social workers, nurses with bachelor's degrees, psychologists, physicians, attorneys at law, members of the clergy or guidance counselors from doing the work of a marriage and family counseling nature consistent with the accepted standards of their respective professions.

Section 6. Georgia Marriage and Family Counselor Licensing Board, (a) There is hereby created a Georgia Marriage and Family Counselor Licensing Board which shall consist of seven members who are residents of this State, four of whom shall be practicing marriage and family counselors.

(b) Each of the four members of the board, who are practicing counselors, shall have the following qualifications:

(1) he shall either be a member of or have professional stand ing equivalent to that required for classification as a member of the American Association of Marriage and Family Counselors as stated in the educational and experience requirements prescribed by sub sections (a) and (b) of Section 10 of this Act;

(2) he shall be at the time of his appointment, and shall have been for at least three years prior thereto, actively engaged as a marriage and family counselor in rendering professional services in marriage and family counseling, or in the education and training of graduate students of marriage and family counseling, or in marriage and family counseling research or in other professional counseling deemed substantially equivalent thereto, and shall have spent the

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major portion of the time devoted by him to such activity, during the two years preceding his appointment, in this State;

(3) he shall hold at least a bachelor's degree from a recognized educational institution in social work, nursing, marriage, pastoral, or family counseling, law, psychology, sociology of the family, mar riage and family life education, or in a closely allied field or a doctor of medicine.

(c) The members of the board shall represent at least three profes sional disciplines, which means that they are either marriage counselors, social workers, nurses with bachelor's degrees, psychologists, physicians, attorneys at law, or members of the clergy. They shall be appointed by the Governor and confirmed by the Senate, immediately after the effec tive date of this Act. The terms of the first seven members of the board shall expire as follows: two members, December 31, 1976; two members, December 31, 1977; three members, December 31, 1978. Thereafter, each member of the board shall be appointed for a term of three years. If, before the expiration of his term, any member shall die, resign, become disqualified or otherwise cease to be a board member, the vacancy shall be filled by the Governor by appointment for the unexpired term.

(d) The first appointees, other than the nonpracticing members, shall be deemed to be and shall become licensed practicing marriage and family counselors immediately upon their appointment and qualification as members of the board.
(e) The Governor, after notice and hearing, shall have power to remove from office any member of the board for incompetence, neglect of duty, unprofessional conduct or conviction of a crime involving moral turpitude.
Section 7. Oath of Members of Board; Organization; Secretary; Quorum, (a) Each of the members of said board shall take an oath of office before the Governor that he will faithfully perform the duties of his office. The Joint Secretary of the State Examining Boards shall be the secretary of said board and he shall keep the minutes, books and other records and files of the board.

(b) Within 30 days after its appointment, the board shall meet on call by the Joint Secretary of the State Examining Boards. The board shall elect from its members a chairman and .secretary and such other officers as it may deem necessary for such terms as it may designate in its rules and regulations. The board shall hold at least one regular meeting each year, but additional meetings may be held upon the call of the chairman or at the written request of any two members of the board. Four members of the board shall constitute a quorum and no action at any meeting shall be taken without at least three votes in accord. The board shall, from time to time, adopt such rules and regulations as it may deem necessary to enable it to perform its duties and to carry into effect the provisions of this Act. The board shall examine and pass on the qualifica tions of all applicants for licenses under this Act and shall issue a license to each qualified successful applicant therefor attesting to his profes-

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sional qualifications to engage in the practice of marriage and family counseling.

Board members shall serve without compensation but shall be re imbursed for actual expenses reasonably incurred in the State of Georgia in the performance of their duties as members of the board.

Section 8. Applications for Licensure. Each person desiring to ob tain a license as a practicing marriage and family counselor shall make application to the Joint Secretary upon such forms and in such manner as the board shall prescribe and shall furnish evidence satisfactory to the board that he:

(a) is at least 21 years of age;

(b) is of good moral character;

(c) is not engaged in any practice or conduct which would be a ground for suspending or revoking the license issued pursuant to this Act;

(d) qualifies for licensing by examination of his credentials or for admission by having successfully passed such examination as the board shall prescribe uniformly to all candidates.

Section 9. Licensure Prior to Certain Date, (a) Any person who applies on or before January 1, 1976, may obtain a license to be issued by the board by an examination of credentials if he meets the qualifica tions set forth in Section 8 and provides satisfactory evidence to the board that he meets educational and experiential qualifications as fol
lows:

(1) educational requirements: at least a bachelor's degree in social work, nursing, marriage or pastoral counseling, law, psychol ogy, sociology of the family, family life education, or another field of study or a closely allied field or a doctor of medicine; the degree to have been obtained from an accredited institution so recognized at the time of granting of such degrees;

(2) experience requirements: three years of full-time counseling experience, or its equivalent, of a character approved by the board, two years of which must have been in marriage and family counsel ing.

(b) Any person already licensed or certified by January 1, 1976, in this State in a professional discipline cited in Section 5(b), provided he applies for a license prior to January 1, 1976, and meets the qualifications set forth in Section 8, shall be deemed qualified as a marriage and family counselor and may be issued a license hereunder.

Section 10. Prerequisites to Examination. Any person applying to the board after January 1, 1976, shall be authorized to take the examina-

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tion prescribed by the board if he meets the qualifications set forth in Section 8 above and provides evidence satisfactory to the board that he has met educational and experiential qualifications as follows:

(a) educational requirements: at least a bachelor's degree in social work, nursing, marriage or pastoral counseling, law, psychology, sociol ogy of the family, family life education, or a closely allied field of study or a doctor of medicine in which it is established by the applicant's transcripts that an equivalent course of study has been successfully com pleted; the degree to have been obtained from an accredited institution so recognized at the time of granting of such degrees;

(b) experience requirements: three years of full-time counseling experience, or its equivalent, of a character approved by the board, two years of which must have been in marriage and family counseling; two of the three years required must have been under the supervision of a person holding a degree specified in subsection (a) of this Section and who has himself had no less than three full years of professional ex perience or the equivalent.
Section 11. Examinations, (a) The board shall conduct examina tions and admissions at least twice a year at a time and place to be designated by it. Examinations shall be written, and if the board deems advisable, oral. In any written examination each applicant shall be designated by numbers so that his name shall not be disclosed to the board until the examinations have been graded. Examinations shall include the questions in such theoretical and applied fields as the board deems most suitable to test the applicant's knowledge and competence to engage in the practice of marriage and family counseling. An ap plicant shall be held to have passed his written examination and oral examination if given upon the affirmative vote of at least four members of the board.
(b) Any person who shall have failed an examination conducted by the board shall not be permitted to take a subsequent examination for a period of at least six months, from the date of the examination failed.
Section 12. Reciprocity. The board may, in its discretion, issue a license to any applicant, without examination, on the payment of the required fee if the applicant is licensed under the laws of another state or territory, and if the requirements for the issuance of a license for a marriage and family counselor in the state or territory in which the applicant was licensed were, at the date of his licensure, substantially equal to the requirements in force in this State, and if the state or territory whence the applicant comes accords a similar privilege of licensure without examination to holders of licenses as marriage and family counselors under this Act.
Section 13. Fees. The board is empowered to establish and charge reasonable fees not less than $3.00 and not more than $50.00 for the administration of applications, examinations, issuance of licenses and renewal of licenses. Such fees shall be commensurate with the cost of carrying out the provisions of this Act.

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Section 14. Renewal of Registration. Every licensed marriage and family counselor shall, at a time prescribed by the Joint Secretary, apply to said Joint Secretary for a renewal of his license and pay a renewal fee to be determined by the board. The Joint Secretary shall determine the expiration, renewal and penalty dates with respect to annual licensing. The board shall provide for reasonable penalty fees for late renewal. The board may, in its discretion, revive and extend a lapsed license upon the payment of all past unpaid renewal fees and penalties provided herein.

Section 15. Refusal, Revocation and Suspension of Registration. The board, after due notice and hearing, may refuse to license any ap plicant, and may refuse to renew the license of any licensed person, and may suspend or revoke the license of any person for any of the following grounds:

(a) use of fraud or deception in applying for a license under this Act or in taking the examination therefor required by this Act;

(b) the practice of marriage or family counseling under a false or assumed name or impersonation of a licensed practicing marriage and family counselor of like or different name, or permitting an unlicensed person to practice marriage and family counseling in the name of the licensee and to use his license for that purpose, except for a person hav ing a temporary, permit;

(c) conviction of a crime involving moral turpitude;

(d) habitual intemperance in the use of intoxicants, narcotics or stimulants to such an extent as to incapacitate him from the perform ance of his professional duties as a licensed practicing marriage and family counselor;

(e) conviction of or has pleaded nolo contendere to an indictment, information or complaint alleging a violation of any federal or state law relating to narcotic drugs;

(f) violation of any provision of this Act or rule, regulation or code of ethics promulgated by the board;

(g) gross negligence or misconduct in the performance of his pro fessional duties as a licensed marriage and family counselor.

Section 16. 'Reinstatement. Application may be made to the board for reinstatement at any time after the expiration of one year from he date of revocation of the license. Such application shall be in writing and shall be accompanied by a reinstatement fee as determined by the board. The board shall not reinstate any applicant unless satisfied that he is competent to engage in the practice of marriage and family coun seling. The board may require a written and oral examination before reinstatement.

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Section 17. Powers and Duties of Board. The board shall be au thorized to adopt reasonable rules to carry out the provisions of this Act and may amend and revoke such rules at its discretion. The board shall keep a record of its proceedings under this Act and a register of all persons licensed under it. The register shall show the name of every living person licensed under this Act, his last known place of business, his last known place of residence, and the date and number of his license as a marriage and family counselor.

Section 18. Duty of Enforcement. The Joint Secretary, State Examining Boards, is hereby vested with the power and authority to make such investigations in connection with the enforcement of the pro visions of this Act as he or the board or any district attorney may deem necessary or advisable, and the result of all investigations shall be re ported to and the records thereof shall be kept by the board.

Section 19. Injunction to Prevent Violation. Whenever it shall appear to the board that any person is or has been violating any pro visions of this Act or any of the lawful rules, regulations or orders of the board, the board or the appropriate district attorney may file a petition for injunction in the proper superior court of this State against such person for the purpose of enjoining any such violation. It shall not be necessary to allege or prove that there is no adequate remedy at law. The right of injunction provided for in this Section shall be in addition to any other legal remedy which the board has and shall be in addition to any right of criminal prosecution provided by law.
Section 20. Fraud in Obtaining License. It shall be unlawful for a person to attempt to obtain a license as a marriage and family counselor by a fraudulent representation.
Section 21. Privileged Communication. Any communication between the marriage and family counselor and the person or persons counseled shall be confidential and its secrecy preserved. This privilege shall not be subject to waiver except where the marriage and family counselor is a party defendant to a civil, criminal or disciplinary action arising from such counseling, in which case the waiver shall be limited to that action.

Section 22. Monies Paid to Joint Secretary. All fees, fines, penal ties and other monies derived from the operation of this Act shall be paid to the Joint Secretary and remitted to the State Treasury.

Section 23. Administrative Procedures. This Act shall be adminis tered in accordance with the Georgia Administrative Procedure Act, ap proved March 10, 1964 (Ga. Laws 1964, p. 338), as amended.

Section 24. Penalty. Any person violating any provision of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.
Section 25. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his ap-

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proval and upon the appropriation of the necessary funds to implement the provisions of this Act,
Section 26. Severability. In the event any section, subsection, sen tence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitu tional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 27. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendments were read and adopted:

Representatives Lane of the 40th, Owens of the 77th and Jones of the 126th move to amend the Committee substitute to SB 72 as follows:
By striking on line 8 and on line 33 on page 9, the following: "bachelor's",
and inserting in lieu thereof the word, "master's".
Representative Adams of the 14th moves to amend the Committee substitute to SB 72 by adding the following on page 8, line 16: "The expenses shall apply only to 12 days in each fiscal year."
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 97, nays 17.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The following message was received from the Senate through Mr. McWhorter the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:

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3117

SB 395. By Senators Brown of the 47th, Holloway of the 12th, Holley of the 22nd:
A Bill to amend an Act creating the Municipal Electric Authority of Georgia (House Bill 31 of the 1975 Georgia General Assembly), so as to provide that the Authority shall be an instrumentality of the State; to provide an effective date.

The Senate insists on its substitute to the following Bill of the House, to-wit:

HB 998. By Representatives Johnson and Thomason of the 8th:
A Bill to amend an Act placing the Sheriff, Clerk of the Superior Court, Tax Commissioner and Judge of the Probate Court of Cherokee County on a salary system in lieu of fees so as to change the provisions relative to the compensation of the deputies and clerical assistants of said officers.

The Senate adheres to its substitute to the House substitute and has appointed a Committee of Conference on the following Bill of the Senate, to-wit:

SB 238. By Senators McDowell of the 2nd and Riley of the 1st:
A Bill to provide that in all counties of this State having a population of not less than 180,000 and not more than 190,000, and in all municipal corporations located within such counties, sales of alcoholic beverages for consumption on the premises shall be authorized during certain hours.

The President has appointed on the part of the Senate the following Senators: Hudson of the 35th, Riley of the 1st and McDowell of the 2nd.
The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House substitute thereto:
SB 238. By Senators McDowell of the 2nd and Riley of the 1st:
A Bill to provide that in all counties of this State having a population of not less than 180,000 and not more than 190,000 according to the United States Decennial Census of 1970 or any future census, and in all municipal corporations located within such counties, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized, such sales for consumption on the premises shall be autho rized during certain hours; and for other purposes.

Representative Taggart of the 125th moved that the House insist on its position in substituting SB 238 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of he Senate.
The motion prevailed.

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

Representatives Taggart of the 125th, Hill of the 127th and Battle of the 124th.

The Speaker Pro Tern announced the House in recess until 1:35 o'clock, P.M., this day.

AFTERNOON SESSION
The Speaker Pro Tern called the House to order.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 1036. By Representative Tucker of the 73rd: A Bill to amend an Act incorporating the City of Stockbridge so as to change the corporate limits; to change the municipal general election date; to provide for a referendum; and for other purposes.
The following Senate amendment was read: The Senate moves to amend HB 1036 as follows: By striking from line 2 of page 2 the word "East" as it appears
after the word "due", and substituting in lieu thereof the word "West". And, by striking from line 8 of page 2 the figure "675", and sub
stituting in lieu thereof "6775".
Representative Tucker of the 73rd moved that the House agree to the Senate amendment to HB 1036.
On the motion, the ayes were 103, nays 0.
The motion prevailed and the Senate amendment to HB 1036 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:

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3119

HB 752. By Representatives Harrison of the 21st, Howard of the 19th, Edwards of the 20th and others:
A Bill to amend Code Chapter 88-31, relating to ambulance service, so as to require public and prviate ambulances to be insured as a condition of licensing; and for other purposes.

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

On the passage of the Bill, the ayes were 93, nays 0.

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

HB 1041. By Representatives Collins of the 144th and Reaves of the 147th:
A Bill providing for certified public weighers, approved February 25, 1949, so as to provide for the issuance of a seal for certified public weighers in tobacco warehouses to the owner of the tobacco warehouse; and for other purposes.

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

On the passage of the Bill, the ayes were 100, nays 0.

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

HB 945. By Representatives Nix of the 20th, Kreeger of the 21st and Howard of the 19th:
A Bill to amend Code Section 92-4004, relating to the requirement that municipal tax assessing authorities use the county assessment on prop erty which is subject to both municipal and county ad valorem taxation so as to provide for alternative assessments in certain municipalities; and for other purposes.

The following amendment was read and adopted:

Representative Wilson of the 19th moves to amend HB 945 by striking on page 1, line 17, page 2, line 32, the language, "20,000" and substituting therefor the language "29,000".

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

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On the passage of the Bill, as amended, the ayes were 93, nays 0.

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

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 998. By Representatives Johnson and Thomason of the 8th:
A Bill to amend an Act placing the Sheriff, Clerk of the Superior Court, Tax Commissioner and Judge of the Probate Court of Cherokee County on a salary system in lieu of fees so as to change the provisions relative to the compensation of the deputies and clerical assistants of said officers; and for other purposes.

Representative Johnson of the 8th moved that the House insist on its position in disagreeing to the Senate substitute to HB 998 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 Pro Tern appointed as a Committee of Conference on the part of the House the following members thereof:
Representatives Johnson, Harris and Thomason of the 8th.

Representative Larsen of the 27th moved that the following Bill of the House be withdrawn from the General Calendar and be recommitted to the Committee on Natural Resources for further study:

HB 230. By Representatives Burton of the 47th, Larsen of the 27th and Sams of the 90th:
A Bill to provide standards for the siting, construction, abandoning and approval of individual domestic water wells; to create a Water Well Standards Committee; and for other purposes.

The motion prevailed and HB 230 was recommitted to the Committee on Natural Resources.

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:

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3121

HB 348. By Representative Linder of the 44th:
A Bill to amend that Act which provides for the examination and licens ing of dental hygienists so as to change the minimum age for qualifica tion; and for other purposes.

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

On the passage of the Bill, the ayes were 99, nays 0.

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

HB 1000. By Representatives Wood, Whitmire and Jackson of the 9th:
A Bill to amend Code Chapter 15-3, relating to jurisdiction over lands ceded to or acquired by the United States of America so as to provide authority and procedure for the acceptance by the Governor on behalf of the State of Georgia of retrocession of jurisdiction, either partially or wholly in certain land by the United States of America; and for other purposes.

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

On the passage of the Bill, the ayes were 96, nays 0.

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

HR 298-1081. By Representative Mullinax of the 69th:
A Resolution authorizing the conveyance of an easement over certain State-owned property; 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 97, nays 0.

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

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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HB 669. By Representatives Walker of the 115th, Snow of the 1st, Sams of the 90th and others:
A Bill to amend an Act reorganizing the State Department of Law so as to clarify the power of the Attorney General to investigate into the affairs of the State or any of its agencies or authorities or any person or organization dealing with the same; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act approved February 18, 1943 (Ga. Laws 1943, p. 284), reorganizing the State Department of Law, as amended, so as to clarify the power of the Attorney General to investi gate into the affairs of the State or any of its agencies or authorities or any person or organization dealing with the same; to provide the Attorney General the power to administer oaths, to require testimony under oath, to require the production of books, records, and papers, and to issue subpoenas and subpoenas duces tecum in the conduct of such investigations; to provide the procedure to be employed and the sanc tions in the event of refusal to obey such subpoenas; to provide that the provisions of this Act shall not apply to members of the General Assembly while in session; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act approved February 18, 1943 (Ga. Laws 1943, p. 284), reorganizing the State Department of Law, as amended, is hereby further amended by striking Section 5 of the said 1943 Act in its entirety and by substituting in lieu thereof a new Section 5 to read as follows:
"Section 5. The Attorney General, as head of the Department of Law and as Chief Legal Officer of the State, is hereby authorized and empowered to institute and conduct investigations at any time into the affairs of the State or of any department, board, bureau, commission, institution, authority, instrumentality, retirement sys tem, or other agency of the State, or into the affairs of any person or organization to the extent that such person or organization shall have or shall have had any dealings with the State or any depart ment, board, bureau, commission, institution, authority, instru mentality, retirement system, or other agency of the State.
For the purpose of conducting any investigation as provided in this Section, the Attorney General shall have the power to administer oaths, to call any party to testify under oath at such investigations, to require the attendance of witnesses, the production of books, records and papers, and to take the depositions of witnesses; and for such purposes the Attorney General is authorized to issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records or papers.

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In case of refusal to obey a subpoena issued under this Section to any person, and upon application by the Attorney General, the superior court in whose jurisdiction the witness is to appear or in which the books, records or papers are to be produced may issue to that person an order requiring him to appear before the court to show cause why he should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court.

Nothing contained herein shall authorize the Attorney General to commence or carry on any investigation or to issue any subpoenas to anyone for the purpose of investigating any member of the Gen eral Assembly while the General Assembly is in any regular or called session."

Section 2. This Act shall become effective on July 1, 1975.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Snow of the 1st moved that the House agree to the Senate substitute to HB 669.

On the motion, the ayes were 100, nays 0.

The motion prevailed and the Senate substitute to HB 669 was agreed to.

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 605. By Representatives Tolbert of the 56th, Williamson of the 45th and Noble of the 48th:
A bill to amend an Act to provide that no person, firm or corporation (or employee of any municipality) shall transport, pursuant to a contract (oral or otherwise), garbage, trash, waste or refuse across State or county boundaries for the purpose of dumping same; so as to provide certain exceptions; and for other purposes.

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend HB 605 as follows:
By striking the following words from section 1, page 1, line 21 and from section 1, page 2, line 8:
"resource recovery program"

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and inserting in lieu thereof the words:

"reclamation or recycling program"

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 104, nays 3.

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

By unanimous consent, HB 605, as amended, was ordered immediately transmitted to the Senate.

HR 305-1124. By Representative McDonald of the 12th:
A RESOLUTION
Creating the Public Television Study Committee; and for other purposes.
WHEREAS, the University System of Georgia and the Georgia State Department of Education both provide public television services to the people of Georgia and this would seem to create a duplication of efforts within State government; and
WHEREAS, this duplication of effort would seem to preclude the most efficient and economical distribution of public television services to the people of Georgia; and
WHEREAS, it has recently been demonstrated that there is a lack of cooperation between the two agencies of State government providing these television services.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a joint com mittee to be designated the Public Television Study Committee, to be composed of three members of the House of Representatives to be ap pointed by the Speaker of the House and three members of the Senate to be appointed by the President of the Senate. The Executive Director of the Georgia Educational Television Network and the Executive Director of the University of Georgia Public Television Station shall assist the committee and shall along with their respective staffs gather source material for the committee and invite knowledgeable people to appear before the committee.
The committee shall conduct a study of the State's public television efforts which may include the following areas:

TUESDAY, MARCH 18, 1975

3125

(a) review of the current management system being implemented in Georgia;

(b) review of management systems being utilized in other states; and

(c) consideration of alternative management systems which could be utilized in Georgia.

The Committee may recommend legislation which is needed, if any, which would insure the most efficient and economical distribution of public television services to the people of Georgia and shall report to the General Assembly the cost of implementing any legislation recom mended by the committee.

BE IT FURTHER RESOLVED that each member of the committee shall receive the expenses and allowances 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 cochairmen. The funds necessary to carry out the provisions of this res olution shall come from the funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations on or before the date the General Assembly convenes in regular session in January 1976, at which time the committee shall stand abolished.

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

On the adoption of the Resolution, the ayes were 118, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 895. By Representative Oxford of the 116th:
A Bill to amend an Act known as the "Uniform Standards Code for Mobile Homes Act" so as to provide for the imposition and collection of taxes, licenses, fees, fines penalties and other material obligations, prohibitions or restrictions upon mobile home manufacturers or upon the agents or representatives of such manufacturers of certain other states or countries; and for other purposes.

The report 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.

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JOURNAL OP THE HOUSE,

HB 732. By Representatives Walker of the 115th, Russell of the 53rd, Hill of the 127th and Evans of the 99th:
A Bill to amend an Act creating the Georgia Crime Information Center and a criminal justice information system so as to change the compositition of the Advisory Council for the Georgia Crime Information Center; to provide that the Governor shall be Chairman of the Advisory 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 95, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1166. By Representatives Whitmire of the 9th, Irvin of the 10th and Wood and Jackson of the 9th: A Bill to amend an Act providing for and authorizing the Commissioner of Agriculture to establish farmers markets in this State and to au thorize the Commissioner of Agriculture to make necessary rules and regulations to properly conduct such markets and to provide for em bargoes and prohibit the sale of vegetables, fruits, truck crops and other farm crops found unfit for food, approved February 25, 1935; and for other purposes.
The following amendment was read and adopted:

Representative Whitmire of the 9th moves to amend HB 1166 by deleting the words, "is hereby" on page 3, line 12 and substituting therefor, "may be, in the discretion of the Commissioner".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 81, nays 22.

The Bill, as amended, having failed to receive the requisite constitutional majority, was lost.

Representative Whitmire of the 9th 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 1166, as amended.

TUESDAY, MARCH 18, 1975

3127

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 450. By Representative Lane of the 40th:
A Bill to provide certain requirements in connection with blasting or excavating in the vicinity of certain underground utility facilities.

The President has appointed on the part of the Senate the following Senators: Hill of the 29th, Hudson of the 35th and Dean of the 31st.

The Speaker assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time 1.

SB 268. By Senators Garrard of the 37th, Hamilton of the 26th, Kidd of the 25th and others:
A Bill to amend Code Chapter 84-10, relating to the practice of nursing, as amended by striking said Code Chapter in its entirety and sub stituting in lieu thereof a new Code Chapter 84-10, so as to com prehensively revise the law regulating the practice of nursing.

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend SB 268 as follows: By adding following the semicolon after the phrase "Code Section
84-9916" on line 10 of page 2, the following: "to provide for severability;".
By striking beginning on line 19 of page 4, the following: "the approval of the Secretary of State and".
By striking beginning on line 31 of page 4, the following: "the approval of the Secretary of State and".

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JOURNAL OF THE HOUSE,

By adding following the word "fees" on line 14 of page 13, the following:
", not to exceed fifty dollars,".

By adding after the word "rate" on line 13 of page 14, the following:

", not to exceed fifty dollars,".

By adding following Section 3 ending on line 9 of page 19 a new Section to be designated Section 4, to read as follows:

"Section 4. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, 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." By renumbering Section 4 as Section 5.

The following amendment was read:

Representative Edwards of the 20th moves to amend SB 268 as follows: line 17, page 5, strike word, "three" insert, "two".

On the adoption of the amendment, the ayes were 70, nays 35.

The amendment was adopted.

The following amendment was read and adopted:

Representative Hutchinson of the 133rd moves to amend SB 268 by adding after the word, "degrees" on line 19, page 5, the words, "or the equivalent".

The following amendment was read and adopted:

Representative Linder of the 44th moves to amend SB 268 as follows: By striking on line 14 of page 3, the following: "licensed under",

TUESDAY, MARCH 18, 1975

3129

and substituting in lieu thereof, the following:

"practicing medicine in accordance with the provisions of".

By striking on line 15 of page 3, the following:

"licensed under",

and substituting in lieu thereof, the following:

"practicing dentistry in accordance with the provisions of".

By striking on line 16 of page 3', the following:

"licensed under",

and substituting in lieu thereof, the following:

"practicing podiatry in accordance with the provisions of".

By striking on line 26 of page 3, the following:

"licensed physician or dentist or podiatrist",

and substituting in lieu thereof, the following:

"a physician practicing medicine in accordance with the pro visions of Code Chapter 84-9, as now or hereafter amended, or a dentist practicing dentistry in accordance with the provisions of Code Chapter 84-7, as now or hereafter amended, or a podiatrist practicing podiatry in accordance with the provisions of Code Chapter 84-6, as now or hereafter amended."

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 Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bargeron Battle Baugh Beck

Beckham Berry Blackshear Bolster Bowman Bray Brown Burruss

Burton Calhoun Carlisle Carnes Carrell Carter Castleberry Chance

3130
Childers Clark, Betty Clark, L. Clifton Cole Coleman Collins Connell Cooper Cox Crawford Culpepper Daugherty Davis Dent Dixon Dover Edwards, C. W. Edwards, W. Egan Evans, B. Evans, W. D. Pelton
Foster, P. W.
Foster, R. L.
Gignilliat
Glanton
Greer
Ham Hamilton Harden
Harris, B. B.
Harris, J. G. Harris, J. F.
Harrison Hawkins
Hays
Hill, B. L.
Hill, G.
Holmes
Horton Howard
Howell
Hudson
Hutchinson

JOURNAL OF THE HOUSE,

Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Linder Logan
Long
Lucas
Mann
Marcus
Matthews, D. R.
McCollum
McDonald
McKinney
Miles
Milford
Mostiler
Mullinax
Nessmith
Nix
Noble
Owens
Oxford
Parham
Parkman
Parrish
Patten, G. C.

Patten, R. L. Peters Petro Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Ray Reaves Richardson Ross Russell, J. Russell, W. B. Shanahan Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone
Sweat
Taggart
Thomason
Thompson
Tolbert
Triplett
Tucker
Twiggs
Vaughn
Waddle
Walker
Wall
Ware
Watson
West
White
Whitmire
Williams
William son
Wilson
Wood

Those voting in the negative were Representatives:

Banks Hill, G.

Phillips, L. L.

Rush

TUESDAY, MARCH 18, 1975

3131

Those not voting were Representatives:

Bailey Buck Carr Childs Colwell Dean Elliott

Fraser Gammage Glover Hatcher King Lambert Matthews, C.

Sams Scott Toles Townsend Wheeler Mr. Speaker

On the passage of the Bill, as amended, the ayes were 156, nays 4.

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

Representative Bailey of the 72nd stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 268, as amended. He stated that if he had been present he would have voted "aye" thereon.

HB 1141. By Representatives Murphy of the 18th, Snow of the 1st and Harris of the 8th:
A Bill to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel, approved March 10, 1959 so as to authorize and empower the Legislative Services Committee to study, investigate and inquire into the functions and operations of all depart ments, boards, bureaus, committees, commissioners and agencies of the Executive Branch of State Government; and for other purposes.

The following amendment was read:

Representative Egan of the 25th District moves to amend HB 1141 as follows:
1. By adding in the title before the words "to provide an effective date" the following:
"to provide for open meetings and notice of meetings;".
2. By striking the quotation marks at the end of Section 1 and adding at the end of Section 1 a new paragraph to read as follows:
"All meetings of the Legislative Services Committee shall be open and advance notice of meetings shall be given to the press."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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JOURNAL OP THE HOUSE,

Those voting in the affirmative were Representatives:

Banks Beck Beckham
Bolster Bowman Calhoun Carlisle Childers Clark, Betty Crawford Culpepper Da vis Dover Egan Felton Gignilliat Ham Hamilton

Harris, B. B. Hawkins
Hill, B. L.
Holmes Howard Irvin, R. Irwin Johnson, W. R. Jordan King Knight Kreeger Larsen, G. K. Larsen, W. W. Leggett Linder Marcus

Nix Noble Patten, G. C.
Petro Phillips, R. T. Richardson Russell, W. B. Sigman Sizemore Smith, V. B. Sweat Tolbert Waddle Walker Wall Williams Williamson

Those voting in the negative were Representatives

Adams, G. D. Adams, John Adams, Marvin Alexander Bargeron Battle Berry Carnes Carter Castleberry Chance Clark, L. Clifton Cole Coleman
Collins
Colwell
Connell
Cooper
Cox
Daugherty
Dent
Dixon
Edwards, C. W.
Edwards, W.
Evans, B.
Evans, W. D.
Poster, P. W.
Foster, R. L.

Praser Glanton Greer Harden Harris, J. G. Harris, J. P. Hays Hill, G. Hudson Hutchinson Irvin, J. Jessup Johnson, R. Karrh Keyton
Kilgore
Lane, W. J.
Lee
Leonard
Long
Lucas
Mann
Matthews, D. R.
McCollum
McDonald
McKinney
Miles
Milford
Mullinax

Oxford Parkman Parrish Patten, R. L. Peters Phillips, L. L. Phillips, W. R. Pinkston Rainey Ray Reaves Rush Shanahan Sheats Smyre
Snow
Stone
Thomason
Thompson
Triplett
Tucker
Twiggs
Vaughn
Ware
Watson
West
White
Wilson

TUESDAY, MARCH 18, 1975

3133

Those not voting were Representatives:

Bailey Baugh Blackshear Bray Brown Buck Burruss Burton Carr Carrell Childs
Dean Elliott Gammage

Glover Harrison Hatcher Horton Howell Jackson Jones Lambert Lane, Dick Logan Matthews, C.
Mostiler Nessmith Owens

Parham Randall Ross Russell, J. Sams Scott Smith, J. R. Taggart Toles Townsend Wheeler
Whitmire Wood Mr. Speaker

On the adoption of the amendment, the ayes were 52, nays 86.

The amendment was lost.

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

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

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Banks Bargeron Battle Beck Berry Bolster Bowman Brown Carlisle Carnes Carrell Carter Castleberry Chance Childers Clark, Betty Clark, L.

Clifton Cole Coleman Collins Colwell Connell Cooper Cox Culpepper Daugherty Davis Dent Dixon Dover Edwards, C. W. Edwards, W. Evans, B. Evans, W. D. Felton Foster, P. W. Foster R. L. Fr-aser

Gignilliat Glanton Greer Ham Hamilton Harden Harris, B. B. Harris, J. G. Harris, J. F. Harrison Hays Hill, B. L. Hill, G. Holmes Howard Hudson Hutchinson Irvin, J. Jackson Jessup Johnson, R. Jordan

3134
Karrh Keyton Kilgore Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee Leggett Leonard Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald McKinney Miles Milford Mostiler

JOURNAL OF THE HOUSE,

Mullinax Nessmith Nix
Noble Oxford Parkman Parrish Patten, G. C. Patten, R. L. Peters Phillips, L. L. Phillips, W. R. Pinkston Rainey Ray Reaves Richardson Rush Russell, J. Russell, W. B. Shanahan Sheats Sigman

Sizemore Smith, V. B. Smyre
Snow Stone Sweat Thomason Thompson Tolbert Triplett Tucker Twiggs Vaughn Waddle Walker Wall Ware Watson West White Williams Wilson

Those voting in the negative were Representatives :

Beckham Calhoun Egan Hawkins

Irvin, R. Johnson, W. R. King Linder

Petro Phillips, R. T. Taggart Williamson

Those not voting were Representatives:

Baugh Blackshear Bray Buck
Burruss Burton Carr Childs Crawford Dean Elliott Gammage

Glover Hatcher Horton Howell Irwin Jones Lambert Larsen, W. W. Matthews, C. Owens Parham

Randall Ross Sams Scott Smith, J. R. Toles Townsend Wheeler Whitmire Wood Mr. Speaker

On the passage of the Bill, the ayes were 134, nays 12.

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

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

TUESDAY, MARCH 18, 1975

3135

SB 238. By Senators McDowell of the 2nd and Riley of the 1st:
A Bill to provide that in all counties of this State having a population of not less than 180,000 and not more than 190,000 according to the United States Decennial Census of 1970 or any future such census, and in all municipal corporations located within such counties, 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.

The following Conference Committee report was read:

CONFERENCE COMMITTEE REPORT ON SB 238

Mr. President: Mr. Speaker

Your Conference Committee on SB 238 has met and submits the following recommendation:

That the Senate and House recede from their respective positions and that the attached Substitute to SB 238 be adopted.

FOR THE SENATE
Is/ Henry McDowell Senator, 2nd District
/s/ John R. Riley Senator, 1st District
/s/ Perry J. Hudson Senator, 35th District

Respectfully submitted,
FOR THE HOUSE
I si Tom Taggart Representative, 125th District
I si Bobby L. Hill Representative, 127th District
/s/ Joe Battle Representative, 124th District

A BILL

To be entitled an Act to provide that in all counties of this State having a population of not less than 180,000 and not more than 190,000 according to the United States Decennial Census of 1970 or any future such census, and in certain municipal corporations located within such counties, 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; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. The provisions of any other law of this State to the contrary notwithstanding, in all counties of this State having a popula-

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JOURNAL OF THE HOUSE,

tion of not less than 180,000 and not more than 190,000 according to the United States Decennial Census of 1970 or any future such census, and in all municipal corporations located within such counties, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized, by ordinance of the governing body of such county or municipality, such sales for consumption on the premises shall be authorized at any time from 11:55 p.m. on Saturdays until 2:55 a.m. on Sundays.
Section 2. Not less than five nor more than 180 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 election superintendent of each county having a population of not less than 180,000 and not more than 190,000, according to the United States Decennial Census of 1970 or any future such census, to issue the call for an election for the purpose of submitting to the electors of the unincorporated area of such county and to the electors of each incorporated municipality within such county the question of whether Section 1 of this Act shall be approved or rejected. The superintendent shall set the date of such election for a date to coincide with the date of any other countywide election or referendum but not later than the date of the presidential preference primary of 1976. The superintendent 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 each such county.

The ballot shall have written or printed thereon the words:
"( ) YES Shall the provisions of the Act authorizing the gov erning body of the county or municipalities located
( ) NO therein to permit the sale of alcoholic beverages, dis tilled spirits, malt beverages and wines for consump tion on the premises at any time from 11:55 p.m. on Saturdays until 2:55 a.m. on Sundays be approved?"
All persons desiring to vote for approval of Section 1 of the Act shall vote "Yes" and those persons desiring to vote for rejection of Section 1 of the Act shall vote "No". If more than one-half of the votes cast on such question in the unincorporated area of the county or in any incorporated municipality within the county are for approval of Section 1 of the Act, it shall become of full force and effect in such unin corporated area of the county or in any such municipality, otherwise it shall be void and of no force and effect in such county or in any such municipality located within such county.
The expense of such election shall be borne by the county. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
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.

TUESDAY, MARCH 18, 1975

3137

Representative Taggart of the 125th moved that the House adopt the report of the Committee of Conference on SB 238.

On the motion, the ayes were 103, nays 0.

The motion prevailed and the report of the Committee of Conference on SB 238 was adopted.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 924. By Representatives Davis, Tolbert and Ray of the 56th and others: A Bill to authorize DeKalb County to require the repairing, closing or demolition of certain dwellings or structures intended for human habita tion or occupation which are unfit for human habitation or occupation or which imperil the health, safety and welfare of the citizens of said county; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend House Bill 924 as follows:
By renumbering Section 8 as Section 9.
And, by inserting following Section 7 a new Section 8 to read as follows:
"Section 8. This Act shall apply only to those portions of DeKalb County which shall be located outside the corporate limits of any municipality and the governing authority of DeKalb County shall exercise the powers herein conferred only in such unin corporated areas."

Representative Davis of the 56th moved that the House agree to the Senate amendment to HB 924.

On the motion, the ayes were 103, nays 0.

The motion prevailed and the Senate amendment to HB 924 was agreed to.

By unanimous consent, all Bills and Resolutions of the House and Senate passed or adopted this day and not previously so ordered were ordered immediately transmitted to the Senate.

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JOURNAL OF THE HOUSE,

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 389. By Representative Knight of the 67th:
A Bill to amend an Act providing that banks and certain other financial institutions shall be taxed in the same manner as private domestic corporations so as to provide the circumstances under which said Act shall become effective; and for other purposes.

The following report of the Committee of Conference was read:

CONFERENCE 'COMMITTEE REPORT ON HB 389
Mr. President: Mr. Speaker:
Your Conference Committee on HB 389 has met and submits the following recommendation:

That the Senate and House recede from their respective positions and that the attached Substitute to HB 389 be adopted.

FOR THE SENATE /s/ J. E. Duncan of 30th /s/ John C. Foster of 50th /s/ Sam Doss of 52nd

Respectfully submitted, FOR THE HOUSE
/s/ Nathan G. Knight of 67th /s/ Pinkston of 100th /s/ Randolph C. Karrh of 106th

A BILL
To be entitled an Act to amend Code Chapter 92-24, relating to the taxation of corporations, companies and associations, as amended, so as to provide for the taxation of the shares of banks or banking associations organized under the authority of this State or the United States and located within this State; to provide for the method of taxation of the shares of banks or banking associations; to provide for credits for certain real estate taxes; to provide the procedure for returning taxes; to provide for sworn statements; to authorize the taxing authorities to examine the books of banks or banking associations to determine the correctness of such sworn statements; to authorize taxing authorities to disallow unreasonable unallocated reserves; to provide that banks and trust companies doing a general banking business shall not be required to pay any State income tax, State franchise tax or city or county busi ness license taxes; to provide that a bank or banking association which owns all of the capital stock of a corporation holding, leasing or owning premises upon which an ad valorem tax is levied on such real estate

TUESDAY, MARCH 18, 1975

3139

may deduct from the market value of its shares the market value of its equity in said real estate; to provide a credit against the market value of the shares of the bank to adjust for taxes paid by subsidiaries and to exclude capital reserves; to provide that a transfer by a bank or banking association transferring deposits from one branch or office to another branch of office to secure a reduction in the rate of tax on its shares or to change the situs of taxation of any proportion of its shares shall incur a tax penalty; to provide for the taxation of the net worth of state building and loan associations organized under the authority of this State or federal savings and loan associations located within this State; to provide for the method of taxation of the net worth of state building and loan associations and federal savings and loan associations; to define net worth; to provide the procedure for making returns; to provide that state building and loan associations and federal savings and loan associations shall return real estate held or owned by them at its true market value in the county in which the real estate is located; to provide that such associations may deduct from the market value of their net worth their equity in said real estate; to provide that branch savings and loan associations shall be taxed on the full market value of the net worth arising from their operation in the counties, municipalities and districts in which they are located, and the parent association shall be relieved of taxation to the extent of such net worth; to provide that state building and loan associations and federal savings and loan associations shall not be required to pay any State income tax, State franchise tax or city or county business taxes; to provide for certain tax credits for any calendar year against taxes levied and paid by banks, banking associations, state building and loan associations and federal savings and loan associations; 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. Code Chapter 92-24, relating to the taxation of corpora tions, companies and associations, as amended, is hereby amended by adding a new Code Section, to be known as Code Section 92-2406, to read as follows:

"92-2406. No tax shall be assessed upon the capital of banks or banking associations organized under the authority of this State or of the United States located within this State, but the shares of the stockholders of the banks or banking associations, whether resi dent or nonresident owners, shall be taxed at their full market value which is hereby fixed, and shall be determined by adding together the amount of the capital stock, paid-in capital, appropriated re tained earnings and retained earnings as defined in the Financial Institutions Code of Georgia and as shown on the unconsolidated statement of condition of the bank or hanking association as of January 1 next preceding the date of making the return as required herein and dividing the result by the number of outstanding shares, at the same rate provided by law for the taxation of tangible prop erty in the hands of private individuals, provided, that nothing in this Section shall be construed to relieve such banks or banking

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JOURNAL OP THE HOUSE,

associations from the tax on real estate held or owned by them, but they shall return said real estate at its true value in the county, municipality and taxing district where such real estate is located, provided, further, that when real estate is fully paid for the value at which it is returned for taxation may be deducted from the market value of their shares; and if said real estate is not fully paid for, only the value at which the equity owned by them therein is returned for taxation shall be deducted from the market value of their shares. There shall also be deducted from such market value of the shares any portion included therein representing (1) invest ments in subsidiary banks which themselves are subject to the tax imposed by this Section, (2) the bank's share of undistributed
earnings of such other subsidiaries subject to Georgia corporate taxes, and (3) capital reserves to the extent that such reserves are not unreasonable.. The banks or banking association themselves shall make the returns on or before April 1 of each year of their shares and pay the taxes thereon as herein provided. Banks or banking associations which have no branches shall return all of the shares of all stockholders of such banks or banking associations for taxa tion in the counties, municipalities and districts in which such banks or banking associations are located. Banks or banking associations which have branches shall return for taxation in the respective counties, municipalities and districts in which the banks or banking associations and their branches are located such proportion of the shares of all stockholders of such banks or banking associations as the total deposits on January 1 of each year originating in accounts attributable to each of all such branches and the main office bear to the grand total of all deposits on January 1 of each tax year of such banks or banking associations and shall pay to the respective counties, municipalities and taxing districts the taxes on such proportions of said shares. At the time that a bank or banking association makes its tax returns in the respective counties, munici palities and taxing districts, the bank or banking association shall file with such return a sworn statement showing the total amount of deposits of such bank or banking association on January 1, of such tax year and the amount of the deposits on January 1 of such tax year originating in accounts attributable to the main office and attributable to the branch offices of such bank or banking associa tions. The taxing authorities of each such county, municipality and taxing district are authorized to examine the books of such bank or banking association to determine the correctness of such sworn statement, and may disallow any unreasonable unallocated reserves. Provided, further, that banks and trust companies doing a general tanking business shall not be required to pay any State income tax, State franchise tax or city or county business license taxes.

Where a bank or banking association organized under the au thority of this State or of the United States located within this State owns all of the capital stock of a corporation holding, leasing or owning premises in and on which such bank carries on its business,
and an ad valorem tax is levied on such real estate, such bank or
banking association may deduct from the market value of its shares
the market value of its equity in said real estate, measured by the market value of its capital stock in the holding corporation.

TUESDAY, MARCH 18, 1975

3141

A transfer by a bank or banking association of deposits from one branch or office to another branch or office to secure a reduc tion in the rate of tax on its shares or to change the situs of tax ation of any proportion of its shares shall be wholly ineffective for such purpose and the bank or banking association making such transfer shall pay to the county, municipality and taxing district from which was made such transfer, in addition to the tax here in before imposed, 25 percent of that part of the taxes on its shares which would have been avoided if such transfer had changed the situs of taxation of a proportion of its shares."

Section 2. Said Code Chapter is further amended by adding a new Code Section, immediately following Code Section 92-2406, to be desig nated Code Section 92-2406.1, to read as follows:

"92-2406.1. (a) Every state building and loan association or ganized under the authority of this State and every federal savings and loan association located within this State shall return its net worth at full market value to the tax commissioner or tax receiver of the county in which the principal office of such state or federal savings and loan association is situated for ad valorem taxation by the State and county, as in the case of other property. For the pur poses of this Section, net worth shall be defined as all surplus, undivided profits and reserves exclusive of the minimum statutory federal insurance reserve in the case of federal associations or the minimum State required reserve in the case of state-chartered asso ciations. Every such savings and loan association shall, in like manner, return its net worth for taxation by the municipal corpo ration in which its principal office is situated, as in the case of other property returned for municipal taxation. State building and loan associations and federal savings and loan associations shall make the returns on or before April 1 of each year and pay the taxes as provided herein, and every such return shall set forth the market value of such net worth as of January 1 of such year. The effect of this Section shall be that from January 1, 1975, the net worth of every state and federal savings and loan association located in this State shall be subject to ad valorem taxation by the State and by the county and municipality in which the principal office of such savings and loan association is located, as provided by the Con stitution of this State, in the same manner in which other property
is subject to taxation.

(b) State building and loan associations and federal savings and loan associations shall return the real estate held or owned by them at its true market value in the county where the real property is located; provided, however, that when real estate is fully paid for, the value at which it is returned for taxation by the savings and loan association which owns it may be deducted from the full market value of the net worth of such savings and loan associations, and if said real estate is not fully paid for, only the value at which the equity owned by them therein is returned for taxation shall be deducted from the full market value of their net worth. Branch savings and loan associations shall be taxed on the full market value of the net worth arising from their operation, in the counties,

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municipalities and districts in which they are located, and the parent association shall be relieved of taxation to the extent of such net worth. Provided, however, state building and loan associations and federal savings and loan associations shall not be required to pay State income tax, State franchise tax or city or county business license taxes."

Section 3. Said Code Chapter is further amended by adding a new Code Section, immediately following Code Section 92-2406.1, to be desig nated Code Section 92-2406.2, to read as follows:

"92-2406.2. Banks and banking associations organized under the laws of this State or the United States and located in this State, federal savings and loan associations, and state building and loan associations shall be entitled to a dollar for dollar tax credit for all tangible personal property taxes, intangible property taxes levied on property owned by such institutions, exclusive of intangible taxes paid on long-term notes secured by real estate, and business license taxes paid to any county or municipality or school district during any calendar year against the taxes levied and paid during such calendar year on the outstanding shares of the State or national banks or the net worth of the state building and loan association or federal savings and loan association."

Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall apply to all taxable years beginning on and after January 1, 1975.

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

Representative Knight of the 67th moved that the House adopt the report of the Committee of Conference on HB 389.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, Marvin Alexander Bailey Banks Bargeron Battle Beck Berry Bolster Bowman Brown Burton Carlisle Carnes

Carrell Carter Castleberry Childers Clark, Betty Clark, L. Clifton Cole Collins Colwell Connell Cooper Cox Culpepper

Daugherty Davis Dent Dixon Dover Edwards, W. Egan Evans, B. Evans, W. D. Pelton Foster, P. W. Foster, R. L. Fraser Gignilliat

Glanton Greer Hamilton Harden Harris, B. B. Harris, J. G. Harrison Hawkins Hays Hill, B. L. Hill, G. Holmes Horton Hudson Hutchinson Irvin, J. Irwin Jackson Jessup Johnson, R. Jones Karrh Keyton Kilgore King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.

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3143

Lee Leggett Leonard Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald Milford Mostiler Mullinax Nessmith Noble Owens Oxford Parkman Parrish Patten, G. C. Patten, R. L. Peters Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Ray Reaves Richardson

Ross Rush Russell, J. Russell, W. B. Shanahan Sheats Sigman Sizemore Smith, V. B. Smyre Snow Stone Sweat Thomason Thompson Tolbert Townsend Triplett Tucker Twiggs Vaughn Waddle Walker Wall Ware West White Whitmire Williams Williamson Wilson

Voting in the negative was Representative Chance.

Those not voting were Representatives:

Adams, G. D. Adams, John Baugh Beckham Blackshear Bray Buck Burruss Calhoun Carr Childs Coleman Crawford Dean

Edwards, C. W. Elliott Gammage Glover Ham Harris, J. P. Hatcher Howard Howell Irvin Johnson, W. R. Jordan Linder Matthews, C.

McKinney
Miles Nix Parham Petro Sams Scott Smith, J. R. Taggart
Toles
Watson Wheeler Wood Mr. Speaker

On the motion, the ayes were 137, nays 1.

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The motion prevailed and the report of the Committee of Conference on HB 389 was adopted.

The Speaker Pro Tern assumed the chair.

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

HB 338. By Representatives Smith of the 42nd, Smith of the 78th and Adams of the 36th:
A Bill to revise, classify, consolidate, and modernize present laws relating to the licensing of drivers of motor vehicles upon the highways of the State 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 licensing of drivers of motor vehicles upon the highways of the State and to establish new laws relating thereto; to codify such laws as Title 68B 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 that drivers must be licensed; to provide for exemp tions from licensing; to provide that certain persons need not be licensed; to provide for classes of licenses; to provide for instruction permits and temporary licenses; to provide for license applications; to provide for applications by minors; to provide for examination of applicants; to pro vide for the issuance of licenses; to provide for the carrying and ex hibition of licenses; to provide for restricted licenses; to provide for duplicate permits or licenses; to provide for the expiration and renewal of licenses; to provide for notice of change of name or address; to pro vide for the keeping of records by the Department of Public Safety; to provide for a driver license advisory board; to provide for reports by medical and vision specialists; to provide for veteran's and honorary licenses; to provide for the cancellation of licenses; to provide for the suspension of a resident's privilege based on conduct in another state; to provide for the forwarding of licenses by courts and the reporting of convictions; to provide for mandatory suspension; to provide for suspen sion of license for refusing to submit to chemical tests; to provide for the suspension of licenses; to provide for determination of habitual violators by the Department of Public Safety; to provide for the Depart ment of Public Safety to require a reexamination; to provide for the periods of revocation; to provide for limited driver's permits; to provide for the period of suspension; to provide for the surrender and return of license by drivers; to prohibit the operation of vehicles under foreign licenses while license is suspended or revoked in this State; to provide a right of appeal to court from actions of the Department of Public Safety; to prohibit the unlawful use of licenses; to prohibit persons

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3145

driving while their license is suspended or revoked; to prohibit permit ting an unlicensed minor to drive; to provide for the authority of the Commissioner to adopt regulations; to provide for penalties; to provide for the repeal of certain laws; to provide for severability to provide for the repeal of conflicting laws; and for other purposes.

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 68B, which shall be known as "The Driver's Licensing Act":

"TITLE 68B THE DRIVER'S LICENSING ACT
ARTICLE I DEFINITIONS

68B-101. Definitions.
(a) All words, whenever, used in this Title, shall have the same meaning as ascribed to them in Section 101 of Title 68A of the Georgia Code (Ga. L. 1974, p. 633), 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.

(b) The following words and phrases, whenever 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) Cancellation of driver's license.--The annulment or termi nation by formal action of the Department of a person's driver's license because of some error or defect in the license or because the licensee is no longer entitled to such license, but the cancellation of a license is without prejudice and application for a new license may be made at any time after such cancellation.

(2) Commissioner.--The Commissioner of Public Safety of the State of Georgia, created by Section 1602 of the Executive Reorgani zation Act (Ga. Laws 1972, pp. 1015, 1059).

(3) Conviction.--Except as provided elsewhere in this Title a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a traffic violation charge shall be a conviction regardless of whether the sentence is suspended, probated, or re
bated.

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(4) Mail.--To deposit in the United States mail properly ad dressed and with postage prepaid.

(5) 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 another person, but excludes a lessee under a lease not intended as security.

(6) Present and future minimum motor vehicle insurance cov erage.--Minimum coverage as specified in the Georgia Motor Vehicle Accident Reparations Act, which coverage cannot be cancelled ex cept for a subsequent conviction of an offense enumerated in Section 68B-305 of this Title and after giving the Commissioner 20 days' written notice prior to the effective date of the cancellation.
(7) Resident.--A person who has a permanent home or abode in Georgia and to which whenever he is absent he has the intention of returning. For the purposes of this Title there is a rebuttable presumption that the following person is a 'resident': (1) any per son who accepts employment or engages in any trade, profession or occupation in Georgia or enters his children to be educated in the public schools of Georgia, within 10 days after the commencement of such employment or education; or (2) any person who, except for infrequent, brief absences, has been present in the State for 30 or more days.
(8) Revocation of driver's license.--The termination by formal action of the Department of a person's license or privilege to operate a motor vehicle on the public highways, which termination shall not be subject to renewal or restoration except that an application for a new license may be presented and acted upon by the Department after the expiration of the applicable period of time prescribed in this Title.
(9) Suspension of driver's license.--The temporary withdrawal by formal action of the Department of a person's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be for a period specifically designated by the Department.

ARTICLE II

ISSUANCE OF LICENSES, EXPIRATION AND RENEWAL
68B-201. Drivers Must Be Licensed. (a) No person, except those hereinafter expressly exempted, shall drive any motor vehicle upon a highway in this State unless such person has a valid driver's license under the provisions of this Title for the type or class of vehicle being driven.
(b) No person, except those hereinafter expressly exempted,

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3147

shall steer or, while within the passenger compartment of such ve hicle, exercise any degree of physical control of a vehicle being towed by a motor vehicle upon a highway in this State unless such person has a valid driver's license under the provision of this Title for the type or class of vehicle being towed.

(c) No person shall receive a driver's license unless and until he surrenders to the Department all valid licenses in his possession issued to him by this or any other jurisdiction. All surrendered li censes issued by another jurisdiction shall be returned thereto, to gether with information that the person is licensed in this State. No person shall be permitted to have more than one valid driver's license at any time.

(d) Any person licensed as a driver hereunder may exercise the privilege thereby granted upon all streets and highways in this State and shall not be required to obtain any other license to exer cise such privilege by any county, municipality or local board, or body having authority to adopt local police regulations.

68B-202. What Persons are Exempt from License. The following persons are exempt from licenses hereunder:

1. Any employee of the United States Government while oper ating a motor vehicle owned by or leased to the United States Gov ernment and being operated on official business, unless such em ployee is required by the United States Government or any agency thereof to have a State driver's license.

2. A nonresident who is at least 16 years of age and who has in his immediate possession a valid license issued to him in his home state or country may operate a motor vehicle in this State.

3. A nonresident on active duty in the Armed Forces of the United States who has a valid license issued by his home state and such nonresident's spouse or dependent son or daughter who has a valid license issued by such person's home state.

4. Any person on active duty in the Armed Forces of the United States who has in his immediate possession a valid license issued in a foreign country by the Armed Forces of the United States may operate a motor vehicle in this State for a period of not more than 45 days from the date of his return to the United States.

5. Any inmate or resident patient of a State, country or mu nicipal-owned institution who drives a vehicle while on the grounds of such institution and while accompanied by and under the direct personal supervision of a qualified driving instructor or of some other person duly authorized in writing to so accompany and super vise such inmate or resident patient.

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68B-203. Persons Not to Be Licensed.
(a) Minimum age requirements.--The Department shall not issue any driver's license to any person who is under the age of 16 years, except that the Department may issue an instruction permit permitting the operation of a Class 1 vehicle to any person who is at least 15 years of age under Section 68B-205(a).

(b) Disqualifications.--The Department shall not issue any driver's license to, nor renew the driver's license of, any person;

1. Whose license has been suspended during such suspension, nor to any person whose license has been revoked, except as other wise provided in this Title;

2. Whose license is currently under suspension or revocation in any other state upon grounds which would authorize the suspension or revocation of a license under this Title;

3. Who is an habitual user of alcohol or any drug to a degree rendering him incapable of safely driving a motor vehicle;

4. Who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods
allowed by law;

5. Who is required by this Title to take an examination, unless such person shall have successfully passed such examination; or

6. When the Commissioner has good cause to believe that such a person by reason of physical or mental disability would not be able to operate a motor vehicle with safety upon the highway.

68B-204. Classes of Licenses.
(a) The Department upon issuing a driver's license shall indi cate thereon the type or general class of vehicles the licensee may drive.
(b) Subject to the provisions of this Title, the Department shall establish by rules and regulations such qualifications, in cluding but not limited to, training, experience, or educational pre requisites, as it believes are reasonably necessary for the safe oper ation of the various types, sizes, or combinations of vehicles and shall appropriately examine each applicant to determine his qualifi cation according to the type or general class of license applied for.

The various classes of motor vehicles for which operators there of may be licensed to operate shall be as follows:

Class 1--All vehicles and combinations not included within Classes, 2, 3, 4, and 5;

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3149

Class 2--Motorcycles; and motor-driven cycles;

Class 3--Vehicles 80 inches or wider, designed to carry more than 10 passengers, and all vehicles included within Class 1;

Class 4--Trucks licensed and registered for a gross weight of 24,000 pounds or more, and all vehicles included within Classes 1 and 3;

Class 5--Truck tractor-semitrailer combinations and any ve hicle-trailer combination in which the trailer exceeds 29 feet in length, or exceeds 4,500 pounds gross weight, or exceeds 8 feet in width, and all vehicles included within Classes 1, 3 and 4.

Applicants for Class 3, 4, and 5 licenses must possess a valid Georgia driver's license for Class 1 vehicles.

68B-205. Instruction Permits and Temporary Licenses.
(a) Any person who is at least 15 years of age may apply to the Department for a Class 1 instruction permit. The Department shall, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant while having such permit in his immediate possession to drive a Class 1 vehicle upon the public highways for a period of 12 months when accompa nied by a person at least 18 years of age who is licensed as a driver for a Class 1 vehicle, who is fit and capable of exercising control over the vehicle and who is occupying a seat beside the driver. This subsection does not apply to instruction permits for the operation of motorcycles.
(b) Any person who is at least 16 years of age may apply to the Department for a motorcycle instruction permit. The Depart ment shall, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant while having such permit in his immediate possession to drive a motorcycle or a motor-driven cycle upon the public highways for a period of 6 months. A motorcycle instruction permit shall not be valid when carrying passengers, or on a limited access highway or at night.

(c) Any person who is at least 18 years of age may apply to the Department for an instruction permit to operate vehicles in Classes, 3, 4, and 5. Such permits may only be issued to persons with valid Class 1 licenses. The Department shall, after the applicant has successfully passed all parts of the appropriate examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant while having the permit in his immediate possession to operate a vehicle of the appropriate class upon the public highways for a period of 6 months. Prior to being issued a driver's license for Classes 3, 4, and 5, the applicant must present evidence of satisfactory driving experience in vehicle
of the Class for which licensing is sought.

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(d) The Department shall issue a temporary driver's permit to an applicant for a driver's license permitting him to operate a speci fied type or class of motor vehicle while the Department is com pleting its investigation and determination of all facts relative to such applicant's eligibility to receive a driver's license. Such permit must be in his immediate possession while operating a motor vehicle, and it shall be invalid when the applicant's license has been issued or for good cause has been refused. Suet permit shall be valid for no more than 45 days. When a license has been refused, the permit shall be returned to the Department within 10 days of receipt of written notice of refusal.
68B-206. Application for License or Instruction Permit.
(a) Every ^application for an instruction permit or for a driver's license shall be made upon a form furnished by the Depart ment. Every application shall be accompanied by the proper fee. The fee shall be:
1. $1.50 for all instruction permits and duplicate licenses; 2. $4.50 for Class 1 and Class 2 driver's licenses; 3. $8.50 for Class 3, Class 4, and Class 5 driver's licenses.
(b) Every said application shall state the full name, date and place of birth, sex, and residence address of the applicant, and briefly describe the applicant, and shall state whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, and whether any such license has ever been refused, and, if so, the date of and reason for such suspension, and revocation or refusal, and such other information as the Department may require to determine the applicant's identity, competency and eligibility. The Department shall not issue a license until a complete examination of the applicant's record has been completed. The De partment may issue rules and regulations as shall be necessary for the orderly processing of license applications.
(c) Whenever application is received from a person previously licensed in another jurisdiction, the Department shall request a copy of such driver's record from such other jurisdiction. When received, the driving record shall become a part of the driver's record in this State with the same force and effect as though entered on the driver's record in this State in the original instance,

(d) Whenever the Department receives request for a driving record from another licensing jurisdiction the record shall be for warded without charge.

68B-207. Applications of Minors.
The application of any person under the age of 18 years for an instruction permit or driver's license shall be signed and verified by the father, mother, or guardian of the applicant before a person authorized to administer oaths, or in the event there is no parent or guardian, then by another responsible adult. The Commissioner shall

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cause designated employees of the Department to be appointed as notary publics, in accordance with an Act approved March 27, 1947 (Ga. Laws 1947, p. 1108), as amended, for the purpose of performing the notarial acts required by this Title, free of charge to applicants.

68B-208. Examination of Applicants.
(a) The Department shall examine every applicant for a driver's license. Such examination shall include a test of the appli cant's eyesight, his ability to understand official traffic-control devices, his knowledge of safe driving practices and the traffic laws of this State, and may include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he desires a license to drive. The examination may also include such further physical and mental examination as the Department finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways. The Commissioner may establish by rules and regulations the type of tests or demonstrations to be made by appli cants for any class of license.

(b) The Department shall make provisions for giving an exami nation either in the county where the applicant resides or at another place reasonably convenient to the applicant. The examination shall be given at least once each month in each county in the State.

68B-209. Licenses Issued to Drivers.
The Department shall upon payment of the required fee issue to every applicant qualifying therefor a driver's license indicating the type or general class of vehicles the licensee may drive, while licenses shall be upon a form prescribed by the Department and which shall bear thereon a distinguishing number assigned to the licensee, the full name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the Department. No license shall be valid until it has been so signed by the licensee.

68B-210. License to be Carried and Exhibited on Demand.
(a) Every licensee shall have his driver's license in his im mediate possession at all times when operating a motor vehicle.

(b) Every licensee shall display his license upon the demand of a law enforcement officer. A refusal to comply with such a de mand not only shall constitute a violation of this subsection but shall also give rise to a presumption of a violation of subsection (a) of this Section and of Section 68B-201 of this Title.
(c) A person convicted of a violation of subsection (a) of this Section shall be fined no more than 10 dollars if he produces in court a license theretofore issued to him and valid at the time of his arrest.

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68B-211. Restricted Licenses.
(a) The Department upon issuing a driver's license shall have authority whenever good cause appears to impose restrictions suit able to the licensee's driving ability with respect to special mechan ical control devices required on a motor vehicle which the licensee may operate or such other restrictions applicable to the licensee as the Department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee. The Department may promulgate such rules and regulations as necessary to implement this Section.

(b) The Department may either issue a special restricted li cense or may set fprth such restrictions upon the usual license form.

(c) The Department upon receiving satisfactory evidence of any violation of the restrictions of such license may revoke the same but the licensee shall be entitled to a hearing as upon a revo cation under Section 68B-307(d). No person shall operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him.

68B-212. Duplicate Permit or License.
In the event that an instruction permit or a driver's license issued under the provisions of this Title is lost or destroyed, the person to whom the same was issued may upon payment of the re quired fee obtain a duplicate, or substitute thereof, upon furnishing proof satisfactory to the Department that such permit or license has been lost or destroyed.

68B-213. Expiration and Renewal of License; Reexamination Required.
(a) Every driver's license shall expire on the licensee's birthday in the fourth year following the issuance of such license. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and satisfactory completion of the examination required or authorized by subsection (b). Every holder of a veteran's or honorary license shall meet the requirements of subsection (b) on or before his birthday every four years, begin ning from the date which the holder was last required to take any examination under the following law, which is repealed by this Title, an Act approved April 6, 1972 (Ga. Laws 1972, p. 1076), as amended by an Act approved April 17, 1973 (Ga. Laws 1973, pp. 916, 917; Ga. Code Ann. Section 92A-401.10). The Department shall issue such rules and regulations as are required to enforce this Section.

(b) The Department shall require every person applying for renewal of a driver's license to take and successfully pass a test as it may prescribe of his eyesight. At the time of renewal, the De partment shall issue a pamphlet containing information pertaining to new traffic laws and to traffic laws most frequently violated. The Department may issue such rules and regulations as are neces
sary to implement this Section.

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(c) The Department may defer the expiration of the license of a licensee who is on active duty in the Armed Forces of the United States and stationed outside of Georgia for a period not in excess of four years, upon such terms and conditions as it may prescribe. The Department may similarly defer the expiration of the license of the spouse or dependent son or daughter of such serviceman, if such person is residing with the serviceman.

68B-214. Notice of Change of Address or Name.
Whenever any person after applying for or receiving a driver's license shall move from the address named in such application or in the license issued to him, or when the name of a licensee is changed by marriage or otherwise, such person may apply to the Department for a license showing the correct name or address, provided that where any provision of this Title requires the Department by certifide or ordinary mail to give written notice to a person effecting such person's driver's license, the mailing of such notice to the name and address shown by Department records at the time of mailing shall be presumptive evidence that such person received the required notice.

68B-215. Records to Be Kept by the Department. (a) The Department shall file every application for a license received by it and shall maintain suitable indexes containing:
1. All applications granted; and
2. The name of every licensee whose license has been canceled, suspended, or revoked by the Department and after each such name note the reasons for such action.

(b) The Department shall also file all accident reports and abstracts of court records of convictions received by it under the laws of this State and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which he has been involved shall be readily ascertainable and available for the consideration of the Department upon any application for renewal of license and at other suitable times.
(c) The Department shall upon the request of a driver furnish to said driver a certified abstract of that driver's operating record. Such abstracts shall be delivered only to the driver or to a person designated by said driver who requests the abstract. A request for an abstract shall be made upon a form prescribed by the Depart ment, and the signature of the applicant must be verified before a person authorized to administer oaths. An abstract may be mailed, but only to the address requested by the applicant, and the Depart ment shall provide that an abstract which is mailed shall not be forwarded to any other address. The abstract shall include an enumeration of any accidents in which the driver has been involved,

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convictions, information pertaining to financial responsibility, and any other information the Department may consider pertinent. The Department shall prescribe a fee for furnishing such abstracts, such fee not to exceed ten dollars, such fee to cover the costs of admin istering this Section. Subject to the provisions of subsection (d) of this Section, any person who knowingly submits a request for an abstract of a driving record other than his own shall be punished upon conviction by not more than 12 months imprisonment or a fine not to exceed $1,000 dollars, or both.

(d) Notwithstanding any of the provisions of subsection (c) of this Section, the Department may furnish without charge a copy of any driver's abstract to a judge, prosecuting official or a law en forcement agency or the driver's licensing agency of another state. It shall be unlawful for any person who receives an abstract hereunder to disclose or make any use thereof except in performance of his judicial or quasi-judicial duties.
(e) The Commissioner shall designate a member of the Depart ment to be the official custodian of the records of the Department. Said custodian may certify copies or compilations, including extracts thereof, of the records of the Department. When so certified, such records shall be admissible as evidence in any civil or criminal proceeding as proof of the contents thereof.
(f) The Department shall not furnish to any person any com pilations of the names or addresses of licensees or applicants for licenses.

68B-216. Driver License Advisory Board.
(a) The Commissioner is authorized to appoint a driver license advisory board.

(b) The board shall advise the Commissioner on medical cri teria and vision standards relating to the licensing of drivers under the provisions of this Title.

(c) The Department, having cause to believe that a licensed driver or applicant may not be physically or mentally qualified to be licensed, may obtain the advice of the board. The board may formu late its advice from records and reports or may cause an examina tion and report to be made by one or more members of the board or any other qualified person it may designate. The licensed driver or applicant may cause a written report to be forwarded to the board by a person of his choice who is licensed under the provisions of Ga. Code Chapter 84-9 or 84-11 to diagnose and treat disorders of humans. Such reports shall be given due consideration by the
board.

(d) Members of the board and other persons making examina tions shall not be held liable for their opinions and recommendations
presented pursuant to subsection (c).

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(e) Reports received or made by the board, or its members, for the purpose of assisting the Department in determining whether a person is qualified to be licensed are for the confidential use of the board or the Department and may not be divulged to any person or used as evidence in any trial except that the reports may be ad mitted in proceedings under Sections 68B-307(b) and 68 B-315, and any person conducting an examination pursuant to subsection (c) may be compelled to testify concerning his observations and findings in such proceedings.

68B-217. Reports by Physicians and Vision Specialists.
(a) The driver license advisory board appointed by the Depart ment shall define disorders characterized by lapses of consciousness or other mental or physical disabilities affecting the ability of a person to drive safely for the purpose of the reports required by this Section, and the Department may use these definitions to prom ulgate regulations making such disorders and disabilities dis qualifications, under certain conditions, for obtaining or keeping a driver's license for any class or classes of vehicles.

(b) All physicians licensed under Georgia Code Chapter 84-9 to diagnose and treat disorders and disabilities defined by the Department shall report to the Department, in writing, the full named, date of birth and address of every person over 15 years of age diagnosed as having any such specified disorder or disability within 10 days after such diagnosis.
(c) All other persons licensed under Georgia Code Chapter 84-11 to diagnose and treat disorders defined by the Department shall report to the Department, in writing, the full name, date of birth and address of every person over 15 years of age diag nosed as having any such speecified disorder or disability within 10 days after such diagnosis.
(d) The reports required by this Section shall be confidential and shall be used solely for the purpose of determining the qualifi cations of any person to drive a motor vehicle on the highways of this State. No civil or criminal action may be brought against any person or agency for providing the information required herein. The reports, or any reference to the reports, shall not be included in any abstract prepared pursuant to Section 68B-215 of this Title.
(e) No report forwarded under the provisions of this Section shall be used as evidence in any civil or criminal trial nor in any proceeding under Section 68B-315. It shall be a misdemeanor to divulge the reports or their contents to anyone not an employee of the Department or member of the Driver License Advisory Board appointed pursuant to the provisions of Section 68B-216.

68B-218. Veterans Licenses and Honorary Licenses.
(a) Except as specifically provided in this Title,, no part of this Title shall be interpreted as affecting the rights and privileges

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of a person holding a veteran's or honorary license, provided, how ever, that the Department may issue regulations on types and classes of vehicles which may be operated by the holder of such license.

(b) The Department shall establish by rules and regulations the proof required to be produced by an applicant for a veteran's or honorary license. The contents of such license shall be the same as for any other license. The forms upon which such licenses are issued shall be such that the licenses are of a permanent nature; provided that nothing in this subsection shall authorize the De partment to require any person holding a veteran's or honorary license before the effective date of this Title to surrender such license. Veteran's and honorary licenses shall not be subject to any
fees.

(c) Veteran's licenses may be issued to:

(1) Veterans who were residents of the State of Georgia at the time of enlistment or commissioning and who are residents of Georgia at the time of application for the license, and who were discharged or separated under other than dishonorable conditions, and who served on active duty in the armed forces of the United States, or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or any conflict when personnel were committed by the President of the United States, except for periodic transfer from reserve status to active duty status for training purposes; or

(2) All members or former members of the National Guard or reserve forces who have 20 or more years creditable service therein.

(d) Honorary licenses may be issued to:

(1) A resident of Georgia who is the surviving spouse of a veteran as defined by subsection (c)(l). Any license to such spouse shall be valid only as long as that person remains unmarried; or
(2) A resident of Georgia who is the spouse of a veteran who would be qualified to receive a veteran's license but who is per manently disabled to the extent that he cannot operate a motor vehicle.

ARTICLE III

CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES

68B-301. Authority of Department to Cancel License.
The Department is hereby authorized to cancel any driver's license upon determining that the licensee was not entitled to the

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issuance thereof hereunder or that said licensee failed to give the required or correct information in his application.

68B-302. Suspending Privileges of Nonresidents; Reporting Convictions, Suspensions and Revocations.
(a) The privilege of driving a motor vehicle on the highways of this State given to a nonresident hereunder shall be subject to suspension or revocation by the Department in like manner and for like cause as a driver's license issued hereunder may be suspended or revoked.

(b) The Department is further required, upon receiving a record of the conviction in this State of a nonresident driver of a motor vehicle of any offense, to forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident.

(c) When a nonresident's operating privilege is suspended or revoked, the Department shall forward a certified copy of the record of such action to the motor vehicle administrator in the state wherein such person resides.

68B-303. Suspending Resident's License Based Upon Conduct in Another State.
(a) The Department shall suspend the license of any resident of this State, and may suspend a nonresident's operating privilege, upon receiving notice of his conviction in another state of an offense described in Section 68B-305.

(b) The Department is authorized to suspend or revoke the license of any resident or nonresident upon receiving notice of the conviction of such person in another State of an offense other than those described in Section 68B-305 which, if committed in this State, would be grounds for the suspension or revocation of the license of a driver.

(c) The Department may give such effect to the conduct of a resident in another state as is provided by the laws of this State had such conduct occurred in this State.

68B-304. When Court to Forward License to Department and Report Convictions.
(a) Whenever any person is convicted of any offense for which this Title makes mandatory the suspension of the license of such person by the Department, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon for ward the same together with the Uniform Citation Form authorized by an Act approved April 6, 1972 (Ga. Laws 1972, p. 1148), as now or hereafter amended, within 10 days after the conviction.

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(b) Every court having jurisdiction over offenses committed under this Title or any other law of this State or ordinance adopted by a local authority regulating the operation of motor vehicles on highways, shall forward to the Department, within 10 days after the conviction of any person in said court for a violation of any said laws other than regulations governing standing or parking, a Uni form Citation Form authorized by an Act approved April 6, 1972 (Ga. Laws 1972, p. 1148), as now or hereafter amended. The De partment of Public Safety shall pay to the clerk of the court for warding the report 25 cents for each report forwarded.

68B-305. Mandatory Suspension of License by Department.
The Department shall forthwith suspend, as provided in Section 68B-312, the license of any driver upon receiving a record of such driver's conviction of the following offenses, whether charged as a violation of State law or local ordinance adopted pursuant to Article XV of Georgia Code Title 68A:

1. Homicide by vehicle as defined by Georgia Code Section 68A-903;

2. Manslaughter resulting from the operation of a vehicle;

3. Driving or being in actual physical control of a motor ve hicle while under the influence of alcohol or any drug, as defined by Georgia Code Section 68A-902: Provided that for the purposes of this subsection 3, an accepted plea of nolo contendere to a charge of driving under the influence of alcohol or drugs shall constitute a conviction, when the person so making the plea has, within the preceding 5 years been convicted of, or had an accepted plea of nolo contendere to a charge of driving under the influence of alcohol or
drugs;

4. Any felony in the commission of which a motor vehicle is used;

5. Failure to stop render aid, or identify himself as required by Georgia Laws 1953, Nov. Sess., pp. 556, 573 (Ga. Code Ann. Section 68-1620) as now or hereafter amended;

6. Knowingly making a false affidavit or statement under oath or affirmation to the Department under this Title or any other law relating to the ownership or operation of motor vehicles;

7. Racing on highways and streets;

8. Fleeing or attempting to elude an officer; or

9. Fraudulent or fictitious use of a license.

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68B-306. Suspension of License for Refusal to Submit to Chem ical Tests.

(a) The State of Georgia considers that the persons who are under the influence of alcohol or drugs while operating a motor vehicle constitute a direct and immediate threat to the welfare and safety of the general public. Therefore any person who operates a motor vehicle upon the highways of this State shall be deemed to have given consent, subject to the provisions of Georgia Code Sec tion 68A-902.1, to a chemical test or tests of his blood, breath, or urine or other bodily substances, for the purpose of determining the alcoholic or drug content of his blood if arrested for any offense arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle while under the influence of alcohol or any drug. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a motor vehicle upon the highways of this State while under the influence of alcohol or any drug. Sub ject to the provisions of Georgia Code Section 68A-902.1, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered.
(b) Any person who is dead, unconscious, or who is otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by paragraph (a) of this Section and the test or tests may be administered, subject to the provisions of Georgia Code Section 68A-902.1.
(c) If a person under arrest refuses upon the request of a law enforcement officer to submit to a chemical test designated by the law enforcement officer as provided in paragraph (a) of this Sec tion, none shall be given, but the Department, upon the receipt of a sworn report of the law enforcement officer that he had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon the highways of this State while under the influence of alcohol or any drug and that the person had refused to submit to the test upon the request of the law enforcement officer, shall in accordance with the Georgia Admin istrative Procedure Act, Ga. Laws 1964, p. 338, as now or herein after amended, and except as provided for in this Section, notify the person that his license is to be suspended, subject to review as pro vided for in this Title.
(d) The person so notified may request a hearing within 10 days from the date of receipt of notice sent by certified mail. Within 30 days after receiving a written request for a hearing, the Depart ment shall hold a hearing as is provided in the Georgia Administra tive Procedure Act, Ga. Laws 1964, p. 338, as now or hereafter amended. After such hearing, the Department shall sustain its order of suspension, or rescind such order.
If no hearing is requested within the 10 days specified above, the right to a hearing shall have been waived and the license of the driver shall be suspended.

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(e) If the suspension is sustained after such a hearing, the person whose license has been suspended under the provisions of this Section shall have a right to file for a judicial review of the Department's final decision, as provided for in the Georgia Ad ministrative Procedure Act, Ga. Laws 1964, p. 338, as now or here after amended, provided that while such appeal is pending, the order of the Department shall not be stayed.

68B-307. Authority of the Department to Suspend or Revoke License.
(a) The State of Georgia considers dangerous, negligent, and incompetent drivers to be a direct and immediate threat to the wel fare and safety of the general public, and it is in the best interests of the citizens of Georgia to immediately remove such drivers from the highways of this State. Therefore, the Department is hereby authorized to:

1. Suspend the license of a driver without a preliminary hearing upon a showing by its records or other sufficient evidence that the licensee is an habitually dangerous or negligent driver of a motor vehicle, such fact being established by the point system in subsection (b); or

2. Revoke the license of a driver without a preliminary hearing upon a showing by its records or other sufficient evidence that the licensee is incapacitated by reason of disease, mental or physical disability or by addiction to alcohol or drugs to the extent that he is incompetent to drive a motor vehicle.

(b) For the purpose of identifying habitually dangerous or negligent drivers and habitual or frequent violators of traffic regu lations governing the movement of vehicles, the Department shall assess points, as provided in subsection (c), for convictions of vio lations of the provisions of Georgia Code Title 68A, of violations of lawful ordinances adopted by local authorities regulating the oper ation of motor vehicles, and of offenses committed in other states which if committed in this State would be grounds for such assess ment. Notice of each assessments of points may be given, but the absence of notice shall not affect any suspension made pursuant to this Section. No points shall be assessed for violating a provision of State law or municipal ordinance, regulating standing, parking, equipment, size and weight. The Department is required to suspend the license of a driver, without preliminary hearing, when his driving record identifies him as an habitually dangerous or negli gent driver or as an habitual or frequent violator under this sub section.

(c) The points to be assessed for each offense shall be as pro vided in the following schedule:
Reckless driving--7 points
Exceeding the speed limit by 25 miles per hour or more--6 points

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3161

Unlawful passing of a school bus--6 points
Improper passing on a hill or a curve--4 points.
Exceeding the speed limit by more than 10 miles per hour but less than 25 miles per hour--4 points
Disobedience of any traffic-control device or traffic officer-- 3 points
All other moving traffic violations--3 points

The Commissioner shall suspend the driver's license of any person who has accumulated a violation point count of 15 or more points in any consecutive 24 month period: Provided that a second or subsequent plea of nolo contendere to a charge of committing an offense listed in this subsection (c) shall be considered a con viction for the purposes of this Section. At the end of the period of suspension, the violation point count shall be reduced to 6 points.

(d) Any person whose license is revoked pursuant to Section 68B-307(a) (2) thereafter shall be entitled to a hearing before the Department upon receipt by the Department of a written re quest therefor. Such hearing shall be held within 30 days of the receipt of such request. The person may request an opinion of the driver license advisory board as provided for in Section 68B-216(c) of this Title. The Department may not grant any exceptions to any regulations issued pursuant to Section 68B-217(a). The scope of the hearing shall be to determine if the driver is competent to drive a motor vehicle, as defined in this Title. The hearing shall be informal and appeal shall be as provided for in Section 68B-315.

68B-308. Determination of Habitual Violators.
(a) When the records of the Department disclose that any person has been convicted of a violation of Georgia Code Title 68A or of a valid local ordinance adopted pursuant thereto, of an offense occurring on or after the effective date of this Act, which record of conviction, when taken with, and added to, the previous convictions of such person of offenses occurring within 10 years prior to the date of such offenses, as contained in the files of the Department, shall reveal that said person is an habitual violator, as hereinafter defined in this Section, the Department shall forth with notify such person that upon the date of notification such person has been declared by the Department to be an habitual violator, and that henceforth it shall be unlawful for said habitual violator to operate a motor vehicle in this State. Notice shall be given by certified mail, with return receipt requested; or in lieu thereof notice may be given by personal service upon such person. In the event that at the time of determination the habitual violator had been issued a driver's license, such license shall be thereby revoked and shall be surrendered to the Department within 10 days of notification of such determination.

(b) As used in this Section, 'habitual violator' means--any person who has been convicted in any of the United States:

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1. Three or more times of: (A) voluntary or involuntary man slaughter resulting from the operation of a motor vehicle: (B) homicide by vehicle in first or second degree; (C) violating Article IX of Title 68A of the Georgia Code (Uniform Rules of the Road) or of violating the law of any other state, or of a valid municipal or county ordinance substantially conforming to an offense in said Article IX; (D) operating a vehicle after cancellation, suspension, or revocation of his operator's license under the provisions of any law of this State, or of any other state, or of a valid municipal or county ordinance, substantially conforming to or paralleling the laws of Georgia; (E) the making of a false affidavit to the Depart ment or under any other law of the State requiring the registration of motor vehicles or regulating their operation on the highways, or the making of false statement to the Department on any applica tion for an operator's license; (F) using a fraudulent or ficititious license; (G) while in a motor vehicle, fleeing or attempting to elude a police officer; (H) any crime punishable as a felony under this Title or any other felony in the commission of which a motor vehicle is used; (I) failure to stop and disclose his identity at the scene of the accident, on the part of a driver of a motor vehicle involved in an accident resulting in damage to the property of another in excess of $100.00, or resulting in the death of, injury to, another person; or (J) singularly or in combination of any of the offenses hereinabove described in subsections (b) 1 (A) through (b) 1 (I) both inclusive; or
2. Fifteen or more times of moving traffic offenses as con tained in Title 68A of the Georgia Code including those covered in (b) (1) of this subsection, or in the law of any other state, or in a valid municipal or county ordinance, substantially conforming to or paralleling a similar law of Georgia, which offenses are required to be reported to the Department, and the commission of which offenses, singularly or in combination with any other offense or offenses, statutorily requires the cancellation, suspension, or revoca tion of an operator's license by the Department, or the commission of which offenses singularly or in combination with any other offense or offenses, authorizes a court or the Department to impose suspension or revocation of a driver's license.
(c) It shall be unlawful for any person to operate any motor vehicle in this State after such person has received notice that his driver's license has been revoked, as provided in subsection (a), and who thereafter has not obtained a valid driver's license. Any person declared to be an habitual violator and whose driver's license has been revoked under the provisions of this Section who is there after convicted of operating a motor vehicle, while his license is so revoked, shall, upon such conviction, be punished by confinement in the penitentiary not less than one, nor more than five years, and no portion of the sentence may be suspended, rebated or probated.

(d) Notwithstanding any contrary provisions of an Act ap proved February 1, 1946 (Ga. Laws 1946, pp. 1-142, Ga. Code Ann. Section 27-1410), for the purposes of this Section, any plea of nolo contendere entered and accepted after the effective date of this Title shall be considered a conviction.

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68B-309. Department May Require a Reexamination.
The Department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, shall require him to submit to an examination at the nearest license examining facility within 10 days of receipt of written notice from the Department. Upon the conclusion of such examination, the De partment shall take action as may be appropriate and may revoke the license of such person or permit him to retain such license, or may issue a license subject to restrictions as permitted under Sec tion 68B-211 or restrictions as to the type or class of vehicles that may be driven. Refusal or neglect of the licensee to submit to such examination shall be ground for revocation of his license.

68B-310. Period of Revocation.
(a) Unless the revocation was for a cause which has been re moved, any person whose license or privilege to drive a motor vehicle on the public highways has been revoked shall not be eligible to apply for a new license nor restoration of his nonresi dent's operating privilege until:

1. Five years from the date on which the revoked license was surrendered to and received by the Department pursuant to a person having been declared an habitual violator under the provisions of Section 68B-308; or

2. Such time as any cause for revocation under Section 68B307(a) (2) has been removed.

(b) The Department shall not issue a new license nor restore a person's suspended license or nonresident's operating privilege unless and until it is satisfied after investigation of the character, habits and driving ability of such person that it will be safe to grant the privilege of driving a motor vehicle on the public high ways. The Department may issue rules and regulations providing for reinstatement hearings. In the case of a revocation pursuant to Section 68B-308, the Department shall charge a fee of ten dollars to issue a new driver's license to a person whose driver's license has been revoked, to cover the costs of administering this Section and shall require a reexamination of the driver's ability and knowledge of the traffic laws of this State. The Department may, prior to issuing a new license or restoring a license or nonresident's operat ing privilege to a person whose license or nonresident's operating privilege has been revoked pursuant to Section 68B-308 of this Title require such person to maintain and present proof of present and future minimum motor vehicle insurance coverage as defined by Section 68B-101 (b) (6) of this Title for a period not to exceed 36 months from the date of restoration of the license or non resident's operating privilege. If a person who is so required to maintain present and future minimum motor vehicle insurance coverage ceases to maintain such coverage, that person's license or operating privilege shall become immediately suspended without further action by the Department and remain suspended until present and future minimum motor vehicle insurance coverage is

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restored or no longer required. The Department shall establish by rule and regulation the method and manner by which present and future minimum motor vehicle insurance coverage shall be proved and maintained.
68B-311. Limited Permits for First Offenders.
(a) Notwithstanding any contrary provisions of Section 68B312, or any other Sections of this Title, any person may apply for a Limited Driving Permit when and only when that person's driver's license has been suspended pursuant to a conviction of driving under the influence of drugs or alcohol, as required by subsection 3 of Section 68B-305, provided that such person had not been convicted of or had a plea of nolo contendere to such offense accepted within ten years prior to the date of the most recent conviction.

(b) Application Form. Applications for Limited Driving Per mits shall be made upon such forms as the Commissioner may pre scribe. Such forms shall require such information as is necessary for the Department to determine the need for such permit. All applications shall be signed by the applicant before a person authorized to administer oaths.

(c) Standards for Approval. The Department shall issue a Limited Driving Permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this Section, 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from:
1. Going to his place of employment or performing the normal duties of his occupation;
2. Receiving scheduled medical care or obtaining prescription drugs;

3. Attending a college or school at which he is regularly en rolled as a student; or
4. Attending under court order any driver education or im provement school approved by the court which entered the judg ment of conviction resulting in suspension of his driver's license or by the Commissioner.
(d) Conditions Attached. A limited Driving Permit shall be endorsed with such conditions as the Commissioner deems neces sary to insure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions:
1. Specific places between which the permittee may be allowed to operate a motor vehicle;
2. Routes to be followed by the permittee;

TUESDAY, MARCH 18, 1975
3. Times of travel;
4. The specific vehicles which the permittee may operate; and
5. Such other restrictions as the Department may require.
(e) Duration of permit. A permit issued pursuant to this Section shall be nonrenewable and shall become invalid upon the expiration of one year following the effective date of suspension of the applicant's driver's license, as provided in subsection (c) of Section 68B-312; provided, however, that a person convicted of such offense (1) whose driver's license had been surrendered to the court in which such conviction was adjudged may apply to the De partment for a Limited Driving; Permit, immediately following such conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that said court had not imposed a suspension or revocation of his driver's license or driving privileges inconsistent with the driving privileges to be conferred by the Limited Driving Permit applied for, the Department may issue such person a Limited Driving Permit; (2) whose driver's license had not been surrendered to such court immediately following such conviction may apply to the Department for a permit. Upon the applicant's surrender to the Department of his driver's license and the execution of a similar affidavit, or if he has lost his driver's license, upon execution of an additional affidavit to that effect, the Department may issue such person a Limited Driving Permit.
No official or employee of the Department shall be criminally or civilly liable or subject to being held in contempt of court for issuing a Limited Driving Permit in reliance on the truth of the affidavits required in this Section.
(f) Revocation of Permit. Any permittee who is convicted of violating any State law or local ordinance relating to the movement of vehicles, or any permittee who is convicted of violating the conditions endorsed on his permit, shall have his permit revoked by the Department, and any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward same to the Department, within 10 days after the conviction, with a copy of the conviction.
Any person whose Limited Driving Permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the Department. -The Department may impose an additional period of suspension for the conviction upon which revocation of the permit was based.
(g) Hearing. Any person whose permit has been revoked, or who has been refused a permit by the Department may make a request in writing for a hearing to be provided by the Department. Such hearing shall be provided by the Department within 30 days after the receipt of such request, and shall follow the procedures required by the Georgia Administrative Procedure Act, Ga. Laws 1964, p. 338, as now or hereafter amended. Appeal from such hear ing shall be in accordance with the provisions of said Act.

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(h) Rules and Regulations. The Department may promulgate such rules and regulations as are necessary to implement the pro visions of this Section.

68B-312. Period of Suspension.
(a) Any person convicted of an offense listed in Section 68B305 of this Title shall have his license suspended as follows:

1. For a first conviction of any such offense, the period of suspension shall be one year. Provided, that at any time after 60 days of suspension, such person may apply to the Department for the return of his license: Provided that for the purposes of this paragraph 1, an accepted plea of nolo contendere to a charge of driving under the influence of alcohol or drugs shall not constitute a conviction.

2. For a second conviction of any such offense within 10 years of any such previous conviction, the period of suspension shall be 3 years: Provided that for the purposes of this paragraph 2, all
accepted pleas of nolo contendere to a charge of driving under the influence of alcohol or drugs, made within 5 years of a previous conviction or accepted plea of nolo contendere to such offense, shall be considered convictions; and further provided, that at any time after 90 days of suspension, such person may apply to the Depart ment for the return of his license.

3. For a third such conviction of any such offense within 10 years of any second such conviction, such person shall be considered a habitual violator, and his license shall be revoked as provided for in Section 68B-310 (a) (1) of this Title: Provided that for the purposes of this paragraph 3, all accepted pleas of nolo contendere shall be considered convictions.

In all cases where the Department may return a license to a driver to the termination of the full period of suspension, the Department may require such tests of driving skill and knowledge as it determines to be proper, and the Department's discretion shall be guided by the driver's past driving record and performance, and he shall pay a fee of $10.00. The Commissioner may, before return ing a license to a person prior to the full period of a suspension require such person to maintain and present proof of present and future minimum motor vehicle insurance coverage as defined in Section 68B-101 (b) (6) of this Title for a period not to exceed the remaining full period of suspension. If a person who is required to maintain present and future motor vehicle insurance coverage ceases to maintain such coverage, that person's license shall become
immediately suspended without further action by the Department and remain suspended until present and future minimum motor
vehicle insurance coverage is restored or no longer required. The Department shall establish by rules and regulations the method and manner by which present and future minimum motor vehicle insurance coverage shall be proved and maintained: Provided that

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when the full period of suspension has run, the license shall un conditionally be returned to the driver.

(b) Any suspension made pursuant to Section 68B-306 of this Title shall be for 6 months.

(c) The periods of suspension provided for in this Section shall begin on the date the license is surrendered to and received by the Department, or from the date a license is surrendered to a court under any provision of this Title, whichever date shall first occur. If the license cannot be surrendered to the Department, the period of suspension shall begin on the date an affidavit setting forth the reasons for such impossibility is accepted by the Depart ment.

68B-313. Surrender and Return of License.
(a) The Department upon cancelling, suspending or revoking a license shall require that such license shall be surrendered to and be retained by the Department.
(b) Any person whose license has been cancelled, suspended, or revoked shall immediately return his license to the Department.
(c) It shall be unlawful to refuse to deliver upon a legal de mand any driver's license which has been cancelled, suspended, or revoked.
68B-314. No Operation Under Foreign License During Suspen sion or Revocation in This State.
Any resident or nonresident whose driver's license or privilege to operate a motor vehicle in this State has been suspended or revoked as provided in this Title shall not operate a motor vehicle in this State under a license or permit issued by any other jurisdic tion or otherwise during such suspension or after such revocation until the license is restored when and as permitted under this Title.

68B-315. Right of Appeal to Court.
Except as provided in Sections 68B-306 (e) and 68B-311(f) of this Title, any decision rendered by the Department shall be final unless the aggrieved person shall desire an appeal. In such case such person shall have the right to enter an appeal in the Superior Court of the county of his residence or in the Superior Court of Fulton County. Such appeal shall name the Commissioner as defendant and must be filed within 30 days from the date the Department enters its decision or order, except that the person filing the appeal shall not be required to post any bond nor pay the costs in advance.
If the person so desires, the appeal may be heard by the judge at term or in chambers or by a jury at the first term. The hearing

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on the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or acts of the Department. No person shall be allowed to operate any vehicle in violation of any suspension or revocation by the Department while any such appeal is pending.

ARTICLE IV

VIOLATION OF LICENSE PROVISIONS

68B-401. Unlawful Use of License. It is a misdemeanor for any person:

1. To display or cause or permit to be displayed or have in his possession any cancelled, revoked, suspended, fictitious or fraudulently altered driver's license;

2. To lend his driver's license to any other person or knowingly permit the use thereof by another;

3. To display or represent as one's own any driver's license not issued to him;

4. To fail or refuse to surrender to the Department upon lawful demand any driver's license which has been suspended, re voked or cancelled;

5. To use a false or fictitious name in any application for a driver's license or to knowingly make a false statement or to know ingly conceal a material fact or otherwise commit a fraud in any such application;
6. To permit any unlawful use of a driver's license issued to him; or
7. To do any act forbidden or fail to perform any act required by this Title.
68B-402. Driving While License Suspended or Revoked.

(a) Except when his license has been revoked as an habitual violator under the provisions of Section 68B-308, any person who drives a motor vehicle on any public highway of this State at a time when his privilege to do so is suspended or revoked shall be guilty of a misdemeanor and upon conviction shall be punished by imprison ment for not less than two days nor more than six months and there may be imposed in addition thereto a fine of not more than $500.00, and no part of his sentence may be suspended, probated, or re
scinded.

(b) The Department upon receiving a record of the conviction of any person under this Section upon a charge of driving a vehicle while the license of such person was suspended shall extend the

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period of such suspension for an additional like period if the prior suspension was imposed under Section 68B-307 of this Title and if the suspension was imposed under any other provision of this Title the Department may impose an additional suspension for a period of not more than one year from the date the person would otherwise have been eligible to be licensed.

(c) The Department shall extend the period of suspension as provided in subsection (b) upon receiving a record of a driver's conviction of any law or ordinance regulating the operation of motor vehicles if such offense was committed at a time when his license was suspended and shall revoke the registration and license plate of the vehicle driven by such driver. If the vehicle was not owned by the driver, the owner of the vehicle may avoid suspension of registration and license plate by filing an affidavit with the Commissioner setting forth such facts that the Commissioner may determine that such owner had no knowledge that the license of the driver was suspended or revoked.

68B-403. Permitting Unauthorized Minor to Drive.
No person shall cause or knowingly permit his child or ward under the age of 18 years to drive a motor vehicle upon any highway when such minor is not authorized hereunder or in violation of any of the provisions of this Title. Provided that this Section shall not apply to any vehicle not required to be registered by the laws of this State.

68B-404. Permitting Unlicensed Person to Drive.
No person shall knowingly authorize or permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized hereunder or who is not licensed for the type or class of vehicles to be driven or in violation of any of the provisions of this Title.

ARTICLE V
REGULATORY AUTHORITY
68B-501. Regulatory Authority of Commissioner.
(a) The Commissioner is authorized to implement any and all provisions of this Title by the promulgation of necessary rules and regulations. An express grant of authority to the Commissioner in any Section to promulgate regulations shall not be construed as excluding such authority in any other Section.
(b) When duly promulgated and adopted, all regulations issued pursuant to this Title shall have the force of laws."
Section 2. 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

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other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitu tional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 3. Specific Repealer.
The following laws and parts of laws are hereby specifically re pealed :

Article IV of an Act approved February 23, 1937, Ga. Laws 1937, p. 322, as amended, setting forth the requirements for driver's licenses.

An Act approved December 22, 1953, Ga. Laws 1953, Nov.-Dec. Sess.,
p. 339, as amended, providing for application for driver's licenses by persons under 18 years of age.

An Act approved March 27, 1968, Ga. Laws 1968, p. 430, as amended, establishing a violating point system for moving traffic violations.

An Act approved April 6, 1972, Ga. Laws 1972, p. 1086, as amended, regulating habitual violators against the motor vehicle laws of this State.

Section 3 of an Act approved February 21, 1951, Ga. Laws 1951, pp. 565, 567, as amended, providing for financial responsibility by owners and operators of motor vehicles.

So much of Section 7-A of an Act approved February 21, 1951, Ga. Laws 1951, pp. 565, 571, as amended, as reads: "Upon conviction or plea of guilty or forfeiture of bond of any of the following offenses of an operator by or in any court it shall be mandatory upon the Director to revoke said operator's license for a period of one year, effective as of the date of such disposition:

(1) Manslaughter, voluntary or involuntary, (or negligent homi cide) resulting from the operation of a motor vehicle; (2) Driving a motor vehicle while under the influence of intoxicating liquors or drugs; (3) Any felony in the commission of which a motor vehicle is used; (4) Failure to stop and render aid as required under the laws of this State, hit and run, or leaving the scene of an accident as specified by the laws of this State; (5) perjury or the making of a false affidavit
or statement under oath to the Department of Public Safety under this Chapter or the law relating to drivers' licenses, or any other law relating to the ownership or operation of motor vehicles; (6) Transporting con
traband or stolen goods: Provided, however, in the event an operator shall enter a plea of nolo contendere for the second or any subsequent time for driving a motor vehicle while under the influence of intoxicating liquors or drugs it shall be mandatory upon the Director to treat said operator's license in the same manner as though said operator had

TUESDAY, MARCH 18, 1975

3171

pleaded guilty or had been convicted of any of the offenses itemized in this section.", and the words "after the expiration of 30 days from the date of conviction."

Subsections (a), (b), (c), and (h) of Section 47A of an Act ap proved January 11, 1954, especially as amended by an Act approved March 27, 1968, regulating implied consent to blood alcohol tests.

An Act approved April 6, 1972, Ga. Laws 1972, p. 1081, authorizing physically handicapped persons to operate certain vehicles.

Section 4. Effective Date. This Act shall become effective January 1, 1976.

Section 5. General Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

An amendment, offered by Representatives Ross of the 76th and Carnes of the 43rd was read and lost.

The following amendments were read and adopted:
Representative Sweat of the 150th moves to amend the Committee substitute to HB 338 by striking the" figure "10" on line 3, page 23 and replacing with the figure, "15".
Representative Alexander of the 38th moves to amend the Com mittee substitute to HB 338 by changing the comma on line 5 of page 41 to a period and by deleting from lines 5 through 7 of page 41 the words "and no part of his sentence may be suspended, probated or rescinded."

An amendment, offered by Representative Alexander of the 38th, was read and lost.

The following amendment was read and adopted:
Representative Ham of the 80th moves to amend the Committee substitute to HB 338 by adding on line 16, page 24 after "8" the follow ing: "using a motor vehicle in".

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.

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On the passage of the Bill, by substitute, as amended, the ayes were 103, nays 2.

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

HB 1137. By Representatives Parrish of the 97th, Smyre of the 92nd and Buck of the 95th:
A Bill to repeal an Act entitled "An Act to provide that it shall be unlawful for any person to fire or discharge any firearm on Sunday; to provide for exceptions; to provide for a penalty; to repeal a specific law; to repeal conflicting laws; and for other purposes," approved April 10, 1968; to provide for an effective date; and for other purposes.

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

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

Those voting in the affirmative were Representatives:

Adams, John Bailey Bargeron Baugh Berry Bolster Bowman Buck Carlisle Games
Carrell Castleberry Childers Childs Clark, Betty
Cole Connell Cox Davis
Dean Dover Edwards, W. Egan Elliott Evans, W. D. Felton Foster, R. L. Fraser Glanton

Glover Greer Harden Harris, B. B. Harris, J. G. Harrison Hawkins Hill, B. L. Horton Hutchinson
Irvin, J. Irvin, R. Jackson Johnson, R. Jordan
Kilgore Kreeger Larsen, W. W. Lee
Leonard Lucas Mann Marcus McKinney Miles Milford Mullinax Owens Oxford

Parham Parrish Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Randall Ray Richardson
Ross Sams Shanahan Sigman Smith, J. R.
Smyre Taggart Thompson Tolbert
Ware Watson West White Whitmire Williams Williamson Wilson Wood

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3173

Those voting in the negative were Representatives

Adams, G. D. Adams, Marvin Banks Battle Beck Blackshear Bray Carr Carter Chance Clark, L. Clifton Collins Cooper Crawford Culpepper Dent Dixon Foster, P. W.

Gignilliat Ham
Hays Holmes Howell Hudson Jessup Johnson, W. R. Jones Karrh Keyton Lane, W. J. Leggett Long Matthews, D. R. McCollum McDonald Mostiler

Nessmith Noble Patten, G. C. Peters Rainey Reaves Rush Russell, J. Sheats Sizemore Smith, V. B. Snow Stone Thomason Triplett Waddle Walker Wall

Those not voting were Representatives :

Alexander Beckham Brown Burruss Burton Calhoun Coleman Colwell Daugherty Edwards, C. W. Evans, B. Gammage Hamilton

Harris, J. F. Hatcher Hill, G. Howard Irwin King Knight Lambert Lane, Dick Larsen, G. K. Linder Logan Matthews, C.

Parkman Patten, R. L. Russell, W. B. Scott Sweat Toles Townsend Tucker Twiggs Vaughn Wheeler Mr. Speaker

On the passage of the Bill, the ayes were 86, nays 56.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Scott of the 37th stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 1137 and that, had he been present, he would have voted "nay" thereon.

Representative Holmes of the 39th stated that he intended to vote "nay" on the passage of HB 1137.

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Representative Parrish of the 97th 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 1137.

The Speaker assumed the Chair.

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

HR 354. By Representative Greer of the 43rd:
A RESOLUTION
Inviting Mr. John Moreu, Sir Thomas Lund, Prof. D. A. Oehling, Mr. Edouard Utudjian and Mr. Edward F. Shedlick to appear before the Georgia House of Representatives; and for other purposes.
WHEREAS, Atlanta has become a major travel destination for domestic and international visitors and convention delegates; and
WHEREAS, Atlanta is among four major convention cities in the United States which have the honor of being visited by these key executives of international associations; and
WHEREAS, Mr. John Moreu of the Hague, The Netherlands, is Executive Director of the International Congress and Convention As sociation which advises international association executives on conven tion sites and promotes attendance at international congresses; and
WHEREAS, Sir Thomas Lund of London, England, is Secretary General of the International Legal Aid Association which has members in 14 nations; and
WHEREAS, Prof. D. A. Oehling of Pamplona, Spain, is Secretary General of the International Association of Asthmology which has mem bers in 47 nations; and
WHEREAS, Mr. Edouard Utudjian of Paris, France, is Secretary General of the International Committee of Underground Town Planning and Construction which has members in 22 nations; and
WHEREAS, Mr. Edward F. Shedlick is the Manager of the Inter national Conventions Program, United States Travel Service; and
WHEREAS, it is only fitting and proper that these distinguished officials be invited to appear before this Body.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby extend a cordial

TUESDAY, MARCH 18, 1975

3175

invitation to Mr. John Moreu, Sir Thomas Lund, Prof. D. A. Oehling, Mr. Edouard Utudjian and Mr. Edward F. Shedlick to appear before this Body on March 19, 1975.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit appropriate copies of this resolution to these distinguished officials.

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

HR 355. By Representative Lucas of the 102nd:
A RESOLUTION
Directing the House Committee on Industrial Relations to make studies relative to public employee collective bargaining; and for other purposes.
WHEREAS, House Resolution 77 is pending before the United States Congress and if passed would require states to allow public employees to engage in collective bargaining; and
WHEREAS, several states have adopted public employee collective bargaining statutes; and
WHEREAS, the House Committee on Industrial Relations should make the necessary studies to provide the members of this body with needed information about public employee collective bargaining.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the House Committee on Industrial Rela tions is hereby directed to make studies relative to public employee collective bargaining as hereinabove described and to issue a report to the General Assembly on such subject, including suggested legislation, if any, prior to the convening of the General Assembly in regular session in January, 1976.

Representative Triplett of the 72nd District, Chairman of the Committee on Rules Sub-committee, submitted the following report:

Mr. Speaker:

Your Committee on Rules Sub-committee 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 354. Do Pass.

Respectfully submitted, Lee of the 72nd, Chairman.

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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 773. By Representatives Parrish of the 97th and Ware of the 68th:
A Bill to amend Code Chapter 56-3, relating to the general requirements for conducting an insurance business in this State so as to prohibit certain institutions and entities constituting or being part of the Farm Credt System and certain of their employees from being licensed to sell or solicit insurance; and for other purposes.

Representative Rush of the 121st moved that HB 773 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 Representatives:

Adams, G. D. Adams, Marvin Blackshear Bray Carnes Cole Collins Connell Cooper Egan Foster, R. L. Greer

Hamilton Harden Holmes Irvin, J. Irvin, R. Keyton Knight McDonald McKinney Miles Nix Owens

Patten, G. C. Patten, R. L. Petro Reaves Richardson Rush Sams Smith, J. R. Tucker Waddle Walker

Those voting in the negative were Representatives:

Adams, John Banks Bargeron Battle Baugh Beck Bolster Bowman Buck Burton Calhoun Carlisle Carr Carrell Carter Castleberry Chance Childs

Clark, Betty Clark, L. Clifton Colwell Cox Crawford Culpepper Davis Dean Dent Dixon Edwards, C. W. Edwards, W. Elliott Evans, B. Evans, W. D. Foster, P. W. Fraser

Gignilliat Glanton Glover Ham Harris, B. B. Harris, J. G. Har risen Hawkins Horton Howard Howell Hudson Hutchinson Irwin Jackson Jessup Johnson, R. Johnson, W. R.

TUESDAY, MARCH 18, 1975

3177

Jones Jordan Karrh Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Linder Logan Long Mann Marcus Matthews, D. R. McCollum Milford Mostiler Nessmith

Noble Oxford Parham Parkman Parrish Peters Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Ray Ross Russell, J. Russell, W. B. Scott Shanahan Sheats Sigman Sizemore

Smith, V. B. Smyre Stone Sweat Taggart Thomason Thompson Tolbert Triplett Twiggs Vaughn Wall Ware Watson White Whitmire Williams Williamson Wilson Wood

Those not voting were Representatives:

Alexander Bailey Beckham Berry Brown Burruss Childers Coleman Daugherty Dover

Pelton Gammage Harris, J. P. Hatcher Hays Hill, B. L. Hill, G. Kilgore King Lane, Dick

On the motion, the ayes were 35, nays 116.

Lucas Matthews, C. Mullinax Snow Toles Townsend West Wheeler Mr. Speaker

The motion was lost.

The following amendment was read and adopted:

Representative Irwin of the 130th moves to amend HB 773 by striking on line 19, page 2, the words "time of passage of", and insert the words "effective date of".

The following amendment was read:
Representatives Ware of the 68th, Howell of the 140th and Oxford of the 116th move to amend HB 773 as follows:
By striking the comma at the end of line 24 of page 1.

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By striking in their entirety lines 25 and 26 of page 1 and substi tuting in lieu thereof the following:

"within this State except credit life insurance, credit accident and sickness insurance, crop hail insurance, single interest insurance and any other type of insurance which an institution in the Farm Credit System or officer or employee of such institution or sub sidiary or affiliate thereof was directly licensed and engaged in selling or soliciting on behalf of the Farm Credit System or its sub sidiaries or affiliates during the calendar year 1974."

The following amendment to the Ware et al amendment was read and adopted:
Representative Ham of the 80th moves to amend the Ware, et al, amendment to HB 773 as follows:
At the end of the same add:
"The term officer or employee as used herein shall not include those persons who are board of director members and who are not otherwise an employee of said institution and who are not selling or soliciting insurance on behalf of a farm credit system institution".

The following amendment to the Ware et al amendment was read:
Representative Petro of the 46th moves to amend the Ware et al amendment to HB 773 as follows:
Delete "calendar year 1974" and add "July 1, 1975".

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

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Bolster Bowman Bray Burton Calhoun Carnes Carrell Chance Clark, Betty Clark, L. Clifton Cole

Coleman Collins Colwell Crawford Culpepper Edwards, C. W. Egan Elliott Foster, R. L. Glanton Glover Harris, J. G. Harris, J. F. Hays Holmes

Howell Irvin, J. Irvin, R. Irwin Johnson, R. Johnson, W. R. Jones Karrh Knight Lambert Larsen, G. K. Larsen, W. W. Lee Leggett Long

TUESDAY, MARCH 18, 1975

3179

Mann Matthews, D. R. McDonald McKinney Milford Mostiler Nessmith Nix Noble Parkman Patten, G. C. Patten, R. L. Petro

Phillips, L. L. Phillips, R. T. Randall Ray Reaves Russell, J. Sams Scott Sheats Sigman Sizemore Smith, J. R

Smith, V. B. Snow Stone Taggart Thomason Triplett Tucker Twiggs Waddle Walker White Williamson

Those voting in the negative were Representatives

Banks
Bargeron Battle Baugh Beck Beckham
Buck Carlisle Carr Carter Castleberry
Childs Connell Cooper Cox Davis Dean Dent Dixon
Edwards, W. Evans, B. Evans, W. D. Foster, P. W.

Fraser Gignilliat Greer Ham Hamilton Harden Harris, B. B. Harrison Hawkins Horton Howard Hudson Hutchinson Jackson Jessup Jordan Keyton Kreeger Leonard Linder Logan Marcus McCollum

Miles Owens Oxford Parrish Peters Phillips, W. R. Pinkston Rainey Richardson Ross Rush Russell, W. B. Shanahan Smyre Sweat Vaughn Wall Ware Watson Whitmire Williams Wilson Wood

Those not voting were Representatives :

Alexander Bailey Berry Blackshear Brown Burruss Childers Daugherty Dover

Felton Gammage Hatcher Hill, B. L. Hill, G. Kilgore King
Lane, Dick Lane, W. J.

Lucas Matthews, C. Mullinax Parham Toles Townsend West Wheeler Mr. Speaker

On the adoption of the amendment to the amendment, the ayes were 82, nays 71.

The amendment to the amendment was adopted.

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On the adoption of the Ware et al amendment, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Banks Bargeron Battle Baugh Beck Beckham Bray Buck Burruss Burton Calhoun Carlisle Games Carr Carrell Carter Castleberry Chance Childs Clark, Betty Clark, L. Cole Coleman Collins Colwell Connell Cooper Cox Crawford Culpepper Davis Dean Dent Dixon Dover Edwards, C. W. Edwards, W. Egan Elliott Evans, B. Evans, W. D. Foster, P. W. Foster, R. L. Fraser Gignilliat Glanton Glover

Ham Hamilton Harden Harris, J. G. Harris, J. F. Harrison Hawkins Hays Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore Knight Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett Linder Logan Long Lucas Mann Matthews, D. R. McCollum McDonald McKinney Miles Milford
Mostiler Nix Noble Owens

Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Ray Reaves Richardson Ross Rush Russell, J. Russell, W. B. Sams Scott Shanahan Sheats Sigman Sizemore Smyre Snow Sweat Taggart Thomason Thompson Tolbert Triplett Tucker Twiggs Vaughn Waddle Walker Wall Ware Watson White Whitmire Williams Williamson Wilson Wood

TUESDAY, MARCH 18, 1975

3181

Those voting in the negative were Representatives:

Bowman Clifton Greer

Leonard Marcus Nessmith

Smith, J. R. Smith, V. B. Stone

Those not voting were Representatives:

Alexander Bailey Berry Blackshear Bolster Brown Childers Daugherty

Felton Gammage Harris, B. B. Hatcher Hill, B. L. Hill, G. King Lane, Dick

Matthews, C. Mullinax Toles Townsend West Wheeler Mr. Speaker

On the adoption of the Ware et al amendment, as amended, the ayes were 148, nays 9.

The amendment, as amended, was adopted.

Representative Greer of the 43rd stated that he had intended to vote "aye" on the adoption of the amendment, as amended.

The following amendment was read and adopted:
Representatives Ware of the 68th and Howell of the 140th move to amend HB 773 as follows:
By adding in the caption on line 6, page 1, after the word "insurance" and before the semi-colon, the following:
"subject to certain exceptions".

An amendment, offered by Representatives Matthews of the 145th, Knight of the 67th and Larsen of the 119th, was read and withdrawn by unanimous consent.

The following amendment was read:
Representatives Matthews of the 145th, Knight of the 67th and Larsen of the 119th move to amend HB 773 as follows:
By deleting the period at the end of paragraph (a) of Section 56323, by substituting in lieu thereof a semi-colon, and by adding after said semicolon the following:

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JOURNAL OF THE HOUSE,

"provided, however, that any kind of insurance may be sold to members of a Farm Credit institution by such institution or by any subsidiary or affiliate thereof or by any officer or employee thereof upon compliance with the other laws relating to insurance not contained in this Act, and the Insurance Commissioner shall be authorized to issue licenses accordingly."

And further to amend said Bill by placing a period after the word "Section" on line 2, page 2, and by striking all of line 2, page 2, appearing thereafter, and by striking all of lines 3, 4, 5, 6, 7, 8 and 9, page 2.

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

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Battle Beckham Bolster Bowman Bray Burton Calhoun Carnes Carr Carrell Chance Clark, Betty Clark, L. Clifton Cole Coleman Collins Colwell Connell Cooper Cox Crawford Culpepper Dean Dent Dover Edwards, C. W. Edwards, W. Egan
Evans, B. Foster, R. L. Fraser Glanton Glover

Greer Hamilton Harden Harris, J. F. Hays Holmes Howell Hudson Hutchinson Irvin, J.
Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Karrh Keyton Kilgore Knight Lambert Lane, W. J. Laren, G. K. Larsen, W. W. Lee Leggett Long Mann Marcus Matthews, D. R. McDonald McKinney Miles Milford Mostiler Nessmith

Nix Noble Parkman Patten Patten, G. C. Patten, R. L. Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Randall Ray Reaves Richardson Rush Russell, J. Sams Scott Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Snow Stone Taggart Thomason Triplett Tucker Waddle Walker White Whitmire Williams Williamson Wilson

TUESDAY, MARCH 18, 1975

3183

Those voting in the negative were Representatives:

Banks Bargeron Baugh Beck Buck Burruss Carlisle Carter Castleberry Childs Davis Dixon Elliott Foster, P. W. Gignilliat Ham

Harris, B. B. Harris, J. G. Harrison Hawkins Horton Howard Jordan Kreeger Leonard Linder Logan Lucas McCollum Owens Oxford Parham

Parrish Peters Rainey Ross Russell, W. B. Shanahan Smyre Sweat Thompson Tolbert Vaughn Wall Ware Watson Wood

Those not voting were Representatives:

Alexander Bailey Berry Blackshear Brown Childers Daugherty Evans, W. D.

Felton Gammage Hatcher Hill, B. L. Hill, G. King Lane, Dick Matthews, C.

Mullinax Toles Townsend Twiggs West Wheeler Mr. Speaker

On the adoption of the amendment, the ayes were 110, nays 47.

The amendment was adopted.

An additional amendment, offered by Representatives Matthews of the 145th, Knight of the 67th and Larsen of the 119th, was read and withdrawn by un animous consent.
An amendment, offered by Representative Phillips of the 120th, was read and withdrawn by unanimous consent.

Two amendments, offered by Representative Stone of the 138th, were read and withdrawn by unanimous consent.

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

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

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JOURNAL OF THE HOUSE,

Those voting in the affirmative were Representatives:

Banks Bargeron Battle Baugh Beck Beckham Blackshear Buck Burton Calhoun Carr Carrell Carter Castleberry Childs Clark, L. Coleman Connell Cooper Culpepper Davis Dixon Edwards, W. Egan Elliott Evans, B. Evans, W. D. Foster, P. W.

Gignilliat Greer Ham Harden Harris, B. B. Harris, J. G. Harrison Hawkins Hays Horton Howard Irvin, J. Irvin, R. Jackson Jordan Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Linder Logan McCollum McDonald Miles Nix

Owens Oxford Parham Parrish Peters Phillips, R. T. Phillips, W. R. Pinkston Rainey Richardson Russell, W. B. Sams Smyre Snow Sweat Thompson Tolbert Tucker Twiggs Vaughn Waddle Wall Ware Watson Whitmire Williams Wilson Wood

Those voting in the negative were Representatives

Adams, G. D. Adams, John Adams, Marvin Bolster Bowman Bray Burruss Carnes Chance Clark, Betty Clifton Cole Collins Colwell Cox Crawford Dean Dent Dover
Edwards, C. W.
Foster, R. L.
Fraser

Glanton Glover Harris, J. F. Holmes Howell Hudson Hutchinson Irwin Jessup Johnson, R. Johnson, W. R. Jones Karrh Keyton Kilgore Knight Kreeger Long Mann
Marcus
Matthews, D. R.
McKinney

Milford Mostiler Nessmith Noble Parkman Patten, G. C. Patten, R. L. Petro Phillips, L. L. Randall Ray Reaves Ross Rush Russell, J. Scott Shanahan Sheats Sigman
Sizemore
Smith, J. R.
Smith, V. B.

Stone
Taggart Thomason

TUESDAY, MARCH 18, 1975

3185

Triplett Walker

White Williamson

Those not voting were Representatives:

Alexander Bailey Berry Brown Carlisle
Childers Daugherty Felton

Gammage Hamilton Hatcher Hill, B. L. Hill, G.
King Lane, Dick Lucas

Matthews, C. Mullinax Toles Townsend West
Wheeler Mr. Speaker

On the passage of the Bill, as amended, the ayes were 84, nays 73.

The Bill, as amended, having failed to receive the requisite constitutional majority, was lost.

Representative Parrish of the 97th served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite con stitutional majority to HB 773, as amended.

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

SB 63. By Senator Sutton of the 9th:
A Bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to authorize all eligible employees of the Georgia Agrirama Development Authority to become members of the Employees' Retirement System of Georgia; and for other purposes. Referred to the Committee on Retirement.
SB 330. By Senator Brantley of the 56th:
A Bill to amend an Act reincorporating the City of Atlanta, so as to change the corporate limits of said city; and for other purposes. Referred to the Committee on State Planning & Community Affairs, Local Legislation.
SB 343. By Senator Lewis of the 21st:
A Bill to amend Code Section 23-1602, relating to when claims against counties must be presented, so as to change certain limitations with regard to claims for refund of county taxes due to overpayment; and for other purposes. Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

SB 357. By Senator Warren of the 43rd:
A Bill to provide that in all counties of this State having a population of not less than 400,000 nor more than 500,000 persons, it shall be lawful to erect signs bearing the word "SOLD" on certain residential prop erty; to prohibit such signs from remaining on the property for longer than five days; and for other purposes.
Referred to the Committee on State Planning & Community Affairs, Local Legislation.

SB 369. By Senators Riley of the 1st and McDowell of the 2nd:
A Bill to fix the compensation of the Judges of the Probate Courts in all counties of this State having a population of not less than 185,000 nor more than 190,000; and for other purposes. Referred to the Committee on State of Republic.
SB 379. By Senator Shapard of the 28th:
A Bill to amend an Act creating a Board of Commissioners for the counties of Spalding and Butts, so as to provide for administrative personnel and clerical assistance for the Board of Commissioners of Spalding County; and for other purposes. Referred to the Committee on State Planning & Community Affairs, Local Legislation.

SB 380. By Senator Holley of the 22nd:
A Bill to amend an Act known as the "Development Authority Law", so as to provide a more effective mechanism whereby local communities can stimulate economic growth and development; and for other purposes. Referred to the Committee on State Planning & Community Affairs.

SB 381. By Senators Barnes of the 83rd and Thompson of the 32nd:
A Bill to amend an Act providing for a new charter for the City of Marietta, so as to extend the corporate limits of said city; and for other purposes. Referred to the Committee on State Planning & Community Affairs, Local Legislation.

SB 382. By Senator Traylor of the 3rd:
A Bill to amend an Act creating the Board of Commissioners of Bryan County, so as to change the provisions relating to the election of mem bers of the board; to provide for the election of the chairman and vice chairman; and for other purposes. Referred to the Committee on State Planning & Community Affairs, Local Legislation.

TUESDAY, MARCH 18, 1975

3187

SB 384. By Senator Kidd of the 25th:
A Bill to amend an Act creating a new Charter for the City of Gordon, so as to change the provisions relating to the election of the mayor and aldermen and their terms of office; and for other purposes. Referred to the Committee on State Planning & Community Affairs, Local Legislation.

SB 387. By Senators Holley of the 22nd and Lester of the 23rd:
A Bill to amend an Act known as the "Augusta-Richmond County Coliseum Authority Act", so as to further define the powers of the Authority; and for other purposes. Referred to the Committee on State Planning & Community Affairs, Local Legislation.

SB 389. By Senators Garrard of the 37th, Eldridge of the 7th, Howard of the 42nd and Bell of the 5th:
A Bill to specify certain basic rights for law enforcement officers; to provide a short title ("Law Enforcement Officers' Bill of Rights Act") ; to provide definitions; to provide for the right of law enforcement officers to engage in political activitity; and for other purposes.
Referred to the Committee on State of Republic.

SB 390. By Senator McDuffie of the 19th:
A Bill to authorize and direct the Election Superintendent of Dodge County to hold an election on the question of establishing an elective Board of Education of Dodge County; and for other purposes. Referred to the Committee on State Planning & Community Affairs, Local Legislation.

SR 144. By Senator Holloway of the 12th:
A Resolution authorizing the conveyance of certain real property located in Lee and Dougherty Counties; and for other purposes. Referred to the Committee on State Planning & Community Affairs, Local Legislation.

SR 145. By Senators Russell of the 10th, Young of the 13th, Timmons of the llth and others:
A Resolution relative to the economic plight and disaster experienced by and facing the cotton-producing sectors of the farming and agri cultural industry in the State of Georgia and the United States; and for other purposes. Referred to the Committee on Agriculture and Consumer Affairs.

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SR 146. By Senator Kidd of the 25th:
A Resolution relative to academic requirements for veterans in the colleges of this State; and for other purposes. Referred to the Committee on University System of Georgia.

SB 395. By Senators Brown of the 47th and Holloway of the 12th:
A Bill to amend an Act creating the Municipal Electric Authority of Georgia (House Bill 31 of the 1975 Georgia General Assembly), so as to provide that the Authority shall be an instrumentality of the State; and for other purposes. Referred to the Committee on Industry.

The following Resolutions of the House were read and adopted:

HR 356. By Representative Childs of the 51st:
A RESOLUTION
Expressing regret at the passing of Samuel Trebble Maxwell; and for other purposes.
WHEREAS, Samuel Trebble Maxwell of Tallulah Falls, Georgia, was the victim of a heart attack on August 15, 1974, and died suddenly after climbing the mountain back of his home; and
WHEREAS, he was the husband of "Billy" Harvey Maxwell and the father of Peggy (Mrs. Mobley F. Childs) and Sammie (Mrs. William Russell Pregeant) ; and
WHEREAS, he was former Mayor of Tallulah Falls during the time of the Wallenda Walk across Tallulah Gorge in 1970; and
WHEREAS, he was a faithful employee of Georgia Power Com pany for thirty-six years; and
WHEREAS, he was born in Elbert County, Georgia, April 22, 1911, one of thirteen children of Charles Smith Maxwell and Lucy Higganbotham Maxwell; and
WHEREAS, he rose from humble beginnings to a place of love and respect in the eyes of all who understood him, and yet, he never lost the humble touch nor failed to reach out to those less blessed; and
WHEREAS, his warmth and open honesty made him loved by children and his jovial attitude, ever present wit and ability to laugh at himself and to see the humorous side of all situations made him a mellowing influence on all who knew him; and

TUESDAY, MARCH 18, 1975

3139

WHEREAS, he lived life aggressively, exhibited a genuine interest and concern for his fellowman, never met a stranger and considered all mankind his friend; and

WHEREAS, he never understood those who exhibited selfishness and personal gain at the expense of others; and

WHEREAS, his self-sacrifice for his family, his strength and de termination in undertaking all tasks, his stamina and perseverance made him believe that hard work was visible evidence of love; and

WHEREAS, his abundant physical strength was tempered with softness and tenderness; and

WHEREAS, his optimism and faith made him hope for the best, prepare for the practical and disregard the worst; and

WHEREAS, he viewed every day as an opportunity filled with possibilities which through work could be developed; and

WHEREAS, his love of beauty and aptitude for nature made rose gardens out of briar patches; and

WHEREAS, his strength and self-denial made a home of love out of a house for apples; and

WHEREAS, his understanding of the way fish think made him a great fisherman; and

WHEREAS, his ability to give his best made him appreciate a winning football team and his bigness of character made him recognize the difficulty and necessity of there also being a loser; and

WHEREAS, he gave totally of himself without expecting anything in return.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby express its deepest and most sincere regrets at the passing of Samuel Trebble Maxwell. This body recognizes that he was a man in the greatest sense of the word and that his life was a perpetual example for all mankind and his memory a continuing tribute to the life he lived.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit appropriate copies of this resolution to Mrs. Maxwell, Mrs. Childs and Mrs. Pregeant.

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HR 357. By Representative Jessup of the 117th:

A RESOLUTION

Commending Lucian A. Whipple; and for other purposes.

WHEREAS, Colonel Lucian A. Whipple of Cochran, Georgia, at 96 years of age, has served in the active practice of law in the State of Georgia for nearly three-quarters of a century; and

WHEREAS, he was born September 4, 1878, near Dudley in Laurens County, the son of Stephen Bennett and Sarah Anne Holliman Whipple. He came with his parents to Cochran in January of 1886 to attend New Ebenezer College, now Middle Georgia College. Being a member of the class of '92, he is their oldest alumnus. He graduated from Gordon Institute in 1896 and received his Bachelor of Arts degree in 1898 from the University of Georgia where he was President of his class. He received the Juris Doctor degree from the Harvard University Law School where he graduated in 1901; and

WHEREAS, the senior partner in the law firm of Whipple and Arnold in Cochran, Colonel Whipple has practiced law in Cochran, 1904-1909, and 1919 to the present time. He practiced law in Hawkinsville, 1909-1919. He served in World War I in the First Officers' Train ing Corps, Fort McPhearson, in 1918, and as instructor at Mercer Uni versity in the Students' Army Training Corps teaching Military Law and War Aims, 1918-1919; and
WHEREAS, a member of the First Baptist Church of Cochran, he served as Deacon, Treasurer, Clerk of the Pulaski-Bleckley Associa tion, Sunday School Superintendent, teacher of the Men's Bible Class, and recently served two terms as President of the Men's Brotherhood; and
WHEREAS, he was Treasurer of the Board of Trustees of the Twelfth District A&M School, now Middle Georgia College, in 1923-24. He was Superintendent of the Bleckley County Schools, 1921-1925, 19291933. He served as a member of the State Board of Education, 19311937. He represented Bleckley County as a member of the House of Representatives in the Georgia General Assembly, 1937-1945; and

WHEREAS, he received a citation from the Selective Military Service System signed by General Hershey for his 20 years of service as Government Appeal Agent for the Selective Service Board of Cochran; and
WHEREAS, he was recognized by the Harvard Law Review as the oldest Harvard graduate still in the practice of law. In April of 1974, he was recognized by the University of Georgia Alumni Society as the oldest graduate in attendance, having graduated 76 years before; and

WHEREAS, he married on December 31, 1919, Leila Jackson Dillard, daughter of the Reverend Miles Hill Dillard, Minister in the

TUESDAY, MARCH 18, 1975

3191

North Georgia Methodist Conference, and Leila Augusta Jackson Dillard of Greenville, Georgia. In 1969, they celebrated their Golden Wedding Anniversary in the Social Hall of the First United Methodist Church of Cochran. Their four children are Lucian A. Whipple, Jr., of Dublin; Fielding Dillard Whipple of Milledgeville; Stephen Bennett Whipple of Sandy Springs; and Mrs. Louis C. Alderman, Jr., of Cochran. They have 12 grandchildren and 4 great grandchildren; and

WHEREAS, Colonel Whipple has been recognized for his long and outstanding service to his church, community, State, and nation.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Colonel Lucian A. Whipple upon his outstanding career and for his dedication and devotion to the high ideals of his profession and for his many oustanding accomplishments and contributions to his State and nation.

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 Colonel Lucian A. Whipple.

HR 358. By Representatives Jessup of the 117th and Hudson of the 137th:
A RESOLUTION
Commemorating B. Frank Cook; and for other purposes.
WHEREAS, B. Frank Cook, originally of Pike County, Georgia, and for more than fifty years a resident of Bleckley County, Georgia, passed away on February 4, 1975; and
WHEREAS, B. Frank Cook was a farmer, businessman, member of the Bleckley County Board of Health, member of the Bleckley County Farm Bureau, and a member of the First Board of the Agricultural Adjustment Agency of Bleckley County; and
WHEREAS, B. Frank Cook was a Christian gentleman, a sustain ing member of the Methodist Church, and a man of stability and in tegrity whose force of character was a guiding principle in the con tinuing progress of Bleckley County; and
WHEREAS, B. Frank Cook is survived by his wife, Mrs. Gertrude Floyd Cook, of Bleckley County; his son, Ralph Cook, of Irwin County; and his daughters, Mrs. S. A. Way, III, of Pulaski County, and Mrs. Richard Gaggstatter, of Dougherty County; and
WHEREAS, the life and influence of B. Frank Cook will be sorely missed by his family, the citizens of Bleckley County, and the citizens of the State of Georgia.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the loss of B. Frank Cook be noted on the minutes of this body and that this resolution of sympathy and commemoration be delivered to his widow and family.

HR 359. By Representatives Smyre of the 92nd, Parrish of the 97th, Thompson of the 93rd and others:
A RESOLUTION
Commending Mr. A. J. McClung; and for other purposes.
WHEREAS, this State of Georgia has been most fortunate in the dedicated Christian service of A. J. McClung; and
WHEREAS, in addition to a lifetime of voluntary service to his fellow man, A. J. McClung has served for more than twenty years as Director of the Brookhaven, Columbus, branch of the Young Men's Christian Association and is presently serving as Mayor Pro Tempore of the City of Columbus; and
WHEREAS, A. J. McClung has been named the recipient of the Brotherhood Award of the Columbus National Conference of Christians and Jews.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends Mr. A. J. McClung upon his life of dedicated 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 an ap propriate copy of this resolution to Mr. A. J. McClung.

HR 360. By Representatives Colwell of the 4th, Dixon of the 151st, Sweat of the 150th and many others:
A RESOLUTION
Relative to the Honorable Downing Musgrove; and for other pur poses.
WHEREAS, the Honorable Downing Musgrove has, since March 1, 1973, served as Commissioner of the Department of Transportation for the State of Georgia, and for five years prior served as a member of the State Transportation Board from the Eighth Congressional Dis trict; and
WHEREAS, in addition to serving in the capacity of the Com missioner of Transportation, Mr. Musgrove has given more than 46 years of public service to the State of Georgia and to his native Clinch

TUESDAY, MARCH 18, 1975

3193

County, in both the Executive and Legislative Branches of government; and

WHEREAS, as Commissioner of Transportation, Mr. Musgrove has rendered valuable, untiring and exemplary service to the citizens of this great State; and

WHEREAS, he has so performed his duties without regard to personal gain or self-aggrandizement, but always with the thought of betterment for his State and its citizens; and

WHEREAS, Mr. Musgrove will leave the post of Transportation Commissioner on April 15, 1975, to further serve his fellow Georgians from a position in our nation's capital.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this body does hereby offer its highest commendation to the Honorable Downing Musgrove for his outstanding record as Commissioner of Transportation and for his equally outstand ing contributions to the State of Georgia throughout his years of public service, and extends to Commissioner Musgrove and his family its heartiest wishes for a happy and prosperous future.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the Honorable Downing Musgrove.

HR 361. By Representatives Matthews of the 145th, Toles of the 16th, Smith of the 78th and many others:
A RESOLUTION
Commending Honorable Canter Brown, Jr.; and for other purposes.
WHEREAS, Canter Brown has been an outstanding employee of the Office of Legislative Counsel for almost two years; and
WHEREAS, he is a native of Florida and, much to Georgia's loss, has accepted employment with the Florida legislature in order to return to his native State; and
WHEREAS, during his service with the Office of Legislative Counsel, Canter has demonstrated outstanding ability combined with a friendly and cheerful approach to his duties; and
WHEREAS, because of this admirable combination of qualities, Canter has made many friends in the General Assembly and is widely recognized as a young man of remarkable talents; and
WHEREAS, it is beyond all doubt that Canter will make a very valuable contribution to the Florida legislature as he has to the General

3194

JOURNAL OP THE HOUSE,

Assembly of Georgia, and he will be missed very much by his many friends and colleagues.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that the members of this body do hereby com mend Honorable Canter Brown, Jr., for his outstanding service as an employee of the Office of Legislative Counsel and wish him complete success and happiness in his future endeavors.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Honorable Canter Brown, Jr.

HR 362. By Representative Watson of the 114th:
A RESOLUTION
Commending the State Association of Justices of the Peace and Constables; and for other purposes.
WHEREAS, the justices of the peace and constables render an invaluable service to the citizens of this State; and
WHEREAS, the State Association of Justices of the Peace and Constables are in the process of attempting to upgrade the justice of the peace system; and
WHEREAS, certain officers of the Association have flown to Texas to study a training course which justices of the peace in Texas are given at least once a year; and
WHEREAS, the Association is interested in establishing manda tory training requirements for justices of the peace and constables in Georgia; and
WHEREAS, it is only fitting and proper that this Body recognize the justices of the peace and constables for their outstanding service and for their efforts to upgrade their system.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend the State Association of Justices of the Peace and Constables for their efforts in upgrading the justice of the peace system.
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 Association of Justices of the Peace and Constables.

TUESDAY, MARCH 18, 1975

3195

HR 363. By Representative Holmes of the 39th:

A RESOLUTION

Commending the Atlanta Impact Council; and for other purposes.

WHEREAS, the Atlanta Impact Council was established in 1973 to concern itself with the problems that the public would be faced with as a result of the construction of a rapid transit system by MARTA; and

WHEREAS, the Director, Reverend Lloyd Jackson, and the Deputy Director, Mr. Arlon Kennedy, have conscientiously carried out their roles and responsibilities with the Impact Council with great effective ness and efficiency; and

WHEREAS, the Impact Council has been directly responsible for improving the quality and quantity of transportation services for many residents of the City of Atlanta; and

WHEREAS, the Impact Council has played a significant role as the conscience of the Metropolitan Atlanta Rapid Transit Authority and in assisting residents to understand their rights as well as the obligations of MARTA to them; and

WHEREAS, the Impact Council has served as a valuable resource to the community and has helped to facilitate changes in the rapid transit system that will be of great benefit to numerous citizens in the Atlanta Metropolitan Area.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Atlanta Impact Council for its outstanding service to the citizens of the City of Atlanta.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit ap propriate copies of this resolution to the Atlanta Impact Council, and to it Director, Reverend Lloyd Jackson, and to its Deputy Director, Mr. Arlon Kennedy.

HR 364. By Representatives Milford of the 13th, Murphy of the 13th, McDonald of the 12th and many others:
A RESOLUTION
Commencing Honorable A. T. Mauldin; and for other purposes.
WHEREAS, Honorable A. T. Mauldin is a former member of the House of Representatives who served with outstanding ability, dedica-

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JOURNAL OP THE HOUSE,

tion and integrity for 10 years before deciding not to seek reelection in 1974; and

WHEREAS, at the time of his retirement from the House of Representatives, he was making outstanding contributions to the legisla tive process as a member of the Education and Appropriations Com mittees and as Chairman of the Journals Committee of the House; and

WHEREAS, throughout his service in the House, he had an abiding interest in improving public education in Georgia and was particularly effective as Chairman of the Vocational Education Subcommittee of the Education Committee; and

WHEREAS, he has served with great distinction in many positions of honor and trust, and his wise counsel and leadership are sorely missed by his many friends in the General Assembly and the State Government.

NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that the members of this body do hereby com mend Honorable A. T. Mauldin for his many years of outstanding public service and wish him great happiness and continued success in all his future endeavors.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Honorable A. T. Mauldin.

HR 365. By Representative Lane of the 40th:
A RESOLUTION
Commending Mrs. Albert H. Donnaud; and for other purposes.
WHEREAS, Mrs. Albert H. Donnaud has been of invaluable as sistance to the members of the House during this current Session by providing, in a most efficient and pleasant manner, assistance to the members of the House securing their mail; and
WHEREAS, Mrs. Donnaud has labored many long hours in order to assist the members in discharging their duties.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Mrs. Albert H. Donnaud for the efficient and outstanding manner in which she has discharged her duties.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Mrs. Albert H. Donnaud.

TUESDAY, MARCH 18, 1975

3197

HR 366. By Representatives Wood, Whitmire and Jackson of the 9th:

A RESOLUTION

Commending the Gainesville Junior College "Lady Lakers" basket ball team; and for other purposes.

WHEREAS, the "Lady Lakers" basketball team recently won the Georgia State Championship by whipping Middle Georgia College and a strong Truett-McConnell College team in tournament competition; and

WHEREAS, the "Lady Lakers" also won the Region 17 Champion ship by handily defeating the Alabama State Champions--Gadsden State College; and

WHEREAS, by defeating Gadsden State, the "Lady Lakers" also won the right to compete in the National tournament which begins March 16th in Kansas City; and

WHEREAS, the members of the "Lady Lakers" basketball team displayed amazing offensive and defensive talent during the past season and seemed to improve their playing ability with each game; and

WHEREAS, the "Lady Lakers" have demonstrated to the people of this State a fine competitive spirit and the highest principles of sportsmanship and athletic ability; and

WHEREAS, the enviable record compiled by the "Lady Lakers" is a tribute to their playing ability because they won all of these honors during their first full year of competition; and

WHEREAS, it is the desire of the members of this Body to recog nize these young athletes and their coach, Mrs. Dianne Barrett, who was named Coach of the Year, for their outstanding accomplishments and achievements.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby com mend and congratulate the "Lady Lakers" basketball team and Coach Dianne Barrett of Gainesville Junior College for winning the Georgia State Championship and the Region 17 Championship which gives them the right to represent the State of Georgia in National competition.

BE IT FURTHER RESOLVED that this Body does hereby extend its best wishes to the "Lady Lakers" for their successful and winning ways to continue at the National tournament in Kansas City.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to the President of Gainesville Junior College and to Coach Dianne Barrett.

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HR 367. By Representative Baugh of the 108th:

A RESOLUTION

Commending Miss Lynn Miller; and for other purposes.

WHEREAS, this State of Georgia, and Wilkinson County in par ticular, have been extremely fortunate in being the home of Miss Lynn Miller; and

WHEREAS, Lynn has already at this early point in life exemplified the finest qualities of character, intelligence and concern; and

WHEREAS, Lynn has been selected as "Miss Georgia Teenager, 1975"; and

WHEREAS, it is only fitting and proper that this Body commend Lynn Miller for her past achievements and for the promise held for her by the future.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends Miss Lynn Miller for her past achievements and extends to her its best wishes for her personal happiness and fulfillment in the future.

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 Miss Lynn Miller.

HR 368. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 21st and others:
A RESOLUTION
Commending Colonel Henry W. Davis; and for other purposes.
WHEREAS, on March 28, 1975, Colonel Henry W. Davis will cele brate his 81st birthday; and
WHEREAS, Colonel Davis, for 50 years, has practiced law in Jack son County; and
WHEREAS, during Mr. Davis' long and eventful life, he has been an inspiration to his community and State, and has been in the forefront of many worthwhile projects; and
WHEREAS, Colonel Davis is not only one of the most distinguished members of his profession, but he has been an outstanding leader of the business, civic and religious life of his community and State; and

TUESDAY, MARCH 18, 1975

3199

WHEREAS, it is the desire of this body to recognize the many out standing accomplishments and achievements of one of this State's most distinguished citizens.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Colonel Henry W. Davis upon his 81st birthday, and does here by extend to him its warmest commendation upon a long and eventful life and for the many outstanding contributions which this distinguished citizen has made to his State and community.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Colonel Henry W. Davis.

HR 369. By Representatives Sigman of the 74th and Carrell of the 75th:
A RESOLUTION
Expressing regret at the passing of Mamie Ozburn Odum; and for other purposes.
WHEREAS, on February 9, 1975, Newton County and the State of Georgia lost one of their finest and most distinguished citizens in the passing of Mamie Ozburn Odum; and
WHEREAS, she was Poet Laureate of Newton County from 1945 until her death, published eight books of poetry and wrote and published numerous articles, stories, essays and poems; and
WHEREAS, she won numerous local, State and national poetry awards, including three of the coveted "Gold Violet" awards; and
WHEREAS, she was active in many facets of Newton County life, teaching Sunday School for 50 years, working with the Covington Garden Club, and helping young people in Newton County and at Oxford College; and
WHEREAS, she wrote in her poem "The Okefenokee Swamp" words that illustrate her love of nature:
"This unfathomed Nature . . . 'Tremling Earth' The mystery of its source cannot be found, But Okefenokee lake, historical in worth is immemorially . . . Hallowed Ground."
WHEREAS, she wrote in her poem "Ebo's Landing" words which typify her humanitarian spirit:
"The Ebo tribe . . . were going home. With arms locked close and a mournful wail

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JOURNAL OF THE HOUSE,

They started home by the waters trail, The noble Captain led his captive crew Toward the land of home in the sea of blue. These noble Ebo's, thou' they were black Choose the waves that brought them, waves took them back."

WHEREAS, she wrote in her poem "Georgia Heritage" words which exemplify the pride in this State that she sparked for all Georgians:
" 'It must be paradise, my friend,' the weary stranger said, 'A place so fair, so free, so true, I'd like to lay my head, Pray tell me more', the stranger said, 'I'd like to join your band.' 'THIS,' the aged sear replied, 'Is Georgia, dear Georgia land.' "

WHEREAS, she wrote in her poem "Close of Day" words which symbolize the peace and beauty she brought to her many friends and loved ones:
"Twilight, and all is still, The days work has been cast, And night enfolds the earth in sleep And petvc abides at last."

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

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 her children, Mr. Henry Odum, Jr., Sheriff of Newton County; Mrs. Guy C. Shannon and Mrs. Berto Skin ner, both of Covington; Mrs. Luther Carson of Newborn, and Mrs. Richard R. Frisbie of Bartow, Florida.

HR 370. By Representatives Buck of the 95th, Thompson of the 93rd, Smyre of the 92nd and others:
A RESOLUTION
Commending the Honorable Johnny Parrish; and for other purposes.
WHEREAS, Honorable Johnny Parrish, the distinguished freshman legislator from the 97th Representative District has recently been named the winner of the J. R. Alien Memorial Award by the Columbus Jaycees; and
WHEREAS, this award is presented annually by the Columbus Jay cees to an outstanding young man in the City of Columbus; and

TUESDAY, MARCH 18, 1975

3201

WHEREAS, Johnny Parrish is extremely active in the civic and political affairs of his City and State; and

WHEREAS, Johnny Parrish typifies the Jaycees' "Young Man of Action"; and

WHEREAS, it is the desire of the members of this Body to recog nize and commend this outstanding young man for his many achieve ments and accomplishments.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends the Honorable Johnny Parrish, Representative from the 97th District, for being named the winner of the J. R. Alien Memorial Award by the Columbus Jaycees.

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 Johnny Parrish.

Representative Vaughn of the 57th assumed the Chair.

Representative Connell of the 87th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Acting Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Wednesday, March 19,1975

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

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

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Banks Battle Baugh Beck Beckham Berry Blackshear Bowman Bray Brown Buck Burruss Calhoun Games Carr Carrell Castleberry Chance Childs Clark, Betty Clark, L. Clifton Cole Coleman Collins Colwell Connell Cooper Cox Crawford Culpepper Davis Dent Dixon Dover Edwards, C. W. Edwards, W. Egan Elliott

Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Gignilliat Glanton Greer Ham Hamilton Harden
Harris, J. G. Harrison Hawkins Hays Hill, B. Holmes Howard Hutchinson Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Logan
Long

Lucas Mann Marcus Matthews, D. R. McCollum McDonald Miles Milford Mostiler Mullinax Nessmith Nix Noble Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Rainey Randall Ray Reaves Richardson Ross Rush Russell, J. Russell, W. B. Sams Shanahan Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat

Taggart Thomason Thompson Tolbert
Townsend
Triplett
Tucker
Twiggs

WEDNESDAY, MARCH 19, 1975

3203

Vaughn Waddle Walker Wall
Ware
Watson
West

White Whitmire Williams Williamson
Wilson
Wood
Mr. Speaker

Those not answering were Representatives:

Bargeron Bolston Burton Carlisle Carter Childers Daugherty Dean Fraser

Gammage Glover Harris, B. B. Harris, J. G. Hatcher Hill, G. Horton Howell Hudson

Linder Matthews, C. McKinney Owens Pinkston Scott Toles Wheeler

The following prayer was offered by the Reverend Jesse F. Knight, Pastor,

Bethel Baptist Church, Statesboro, Georgia and Academic Dean, Brewton-Parker

College, Mount Vernon, Georgia:

4

Our Father, in these troublesome days give us courage to face realistically every difficulty which confronts us this morning. Help us neither to become so problem-conscious that we lose sight of our objectives to meet the needs of all Georgians, nor ever fail to pursue those lofty ideals envisioned by the founding fathers more than two centuries ago.

Stir up our minds, Righteous Father, that we may apply the best of intellect ual thought to the problems which surround us on every side. Make our hearts compassionate enough, Lord, to share the hurts of mankind for your glory and the advancement of the human race.

In Jesus' name and for His sake we pray.

AMEN.

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

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

The Journal was confirmed.

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JOURNAL OF THE HOUSE,

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and 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:

HOUSE RULES CALENDAR

Mr. Speaker:

Wednesday, March 19, 1975

Your Committee on Rules met and fixed the calendar for today's business, Wednesday, March 19,1975, and submits the following:

HB

257. Peace Officers Ann., Fines and Bonds

HB

284. State Auditor, Salary & Expenses

HB

414. Alcoholic Beverages, Quantity Possessed (Reconsidered)

HB

425. Sexual Crimes; Punishment

HB

626. Trustee; Authorized to Sell or Grant Options

HB

777. Director of Corrections; Unlawful to Contact for Inmate

HB

870. County Boards of Equalization Selection of Members

HB

872. Wild Animals; Regulate the Importation Sale, Etc.

HB

939. Game & Fish License; Persons allow Inspection

HB 1018. State Purchases, Preference to Ga. Materials

HB 1019. Marta, Purchases, Preference to Ga. Materials

HB 1103. Casualty Insurance, Mandatory Agreements

HB 1106. Ga. Special Adult Offender, Under Board of Corrections

HR 78- 325. Supreme Court and Court of Appeals, Jurisdictions

HR 228- 910. Metropolitan Atlanta Expressway System

SB

9. Retirement Pension Bills; Attach Fiscal Note

SB

31. Drugs; Distribution by Manufacturer's Rep.

SB

118. Disabled Veterans, Free Auto Tags

WEDNESDAY, MARCH 19, 1975

3205

SB

141. Campaign Financing Disclosure Act; Amend

SB

145. Financial Institutions Code; Clarify

SB

211. Groveland Lake Development Authority, Create

SB

251. Public Transportation Code; Contracts

SB

267. Insurance Premium Finance Company; Premium Charge

SB

271. Peace Officers Stds. & Training Act, Membership

SB

324. PSC; Operation of & The Administration of Duties

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Lee of the 72nd, Chairman.

By unanimous consent, the rules were suspended to permit the following Bills of the House to be introduced, read the first time and referred to the committees:
HR 371-1210. By Representative Sigman of the 74th: A Resolution creating the Newton County Local Legislative Study Com mittee; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1211. By Representative Evans of the 99th: A Bill to amend an Act levying a tax on the sale and use of cigars, cigarettes, little cigars, churoots and stogies, so as to provide that the tax on cigars shall be collected and paid in the same manner as taxes on cigarettes; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1212. By Representatives Larsen of the 27th, and Elliott of the 49th: A Bill to amend Code Chapter 27-14, relating to arraignment and pleas, so as to prohibit a judge from accepting a guilty plea unless the plea is voluntarily and intelligently made and certain matters appear from the record; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

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JOURNAL OF THE HOUSE,

HB 1202. By Representative Vaughn of the 57th:
A Bill to fix the compensation of the deputies of the tax commissioners in all counties of this State having a population of not less than 18,100 and not more than 18,250; and for other purposes.

HB 1203. By Representative Vaughn of the 57th:
A Bill to fix the compensation of the deputies of the clerk of the super ior court in all counties of this State having a population of not less than 18,100 and not more than 18,250; and for other purposes.
HB 1204. By Representative Pinkston of the 100th:
A Bill to regulate the automotive repair industry; to provide a short title ("Automotive Repair Act") ; to provide definitions; to provide for the enforcement and administration of this Act; and for other purposes.

HB 1205. By Representatives Wilson of the 19th, Nix of the 20th, Kreeger of the 21st, Cooper of the 19th, Burruss of the 21st, Harrison of the 20th, and Howard of the 19th:
A Bill to amend an Act creating the State Court of Cobb County so as to require the solicitor of said court and his staff to perform the same functions in relation to matters within the jurisdiction of the magistrates of said court as they perform in relation to matters within the jurisdic tion of the judges of said court; and for other purposes.

HR 351-1205. By Representatives Hudson of the 137th, Matthews of the 145th, Carter of the 146th, Sizemore of the 136th, Patten of the 146th, Long of the 142nd, Harden of the 154th, Phillips of the 91st, Patten of the 149th, Jessup of the 117th, and others:
A Resolution recognizing the need for the establishment of an agricul tural coliseum in Tifton, Georgia; and for other purposes.

HB 1206. By Representatives Nix of the 20th, Wilson of the 19th, Kreeger of the 21st, Cooper of the 19th, Harrison of the 20th, and Howard of the 19th:
A Bill to amend an Act creating the State Court of Cobb County so as to change the compensation of the solicitor; and for other purposes.

HB 1207. By Representative Tucker of the 73rd: A Bill to amend an Act creating a new charter for the Town of Locust Grove, approved Aug. 19, 1922, so as to change the term of office of the mayor of said city; and for other purposes.
HB 1208. By Representative Felton of the 22nd: A Bill to amend an Act creating and establishing for Fulton County a County Planning Commission and Board of Zoning Appeals and authoriz-

WEDNESDAY, MARCH 19, 1975

3207

ing the Board of Commissioners of Fulton County to create a County Planning Commission so as to provide conditions and requirements relative to zoning and zoning changes; and for other purposes.

HB 1209. By Representatives Harris of the 8th, Murphy of the 18th, Collins of the 144th, Lee of the 72nd, Edwards of the 110th, Cole of the 6th, Ware of the 68th, Vaughn of the 57th, Daugherty of the 33rd, Wilson of the 19th, and others:
A Bill to provide a procedure for fiscal notes for certain bills and for a time limitation for the introduction of such bills; and for other purposes.

HB 1210. By Representatives Harris of the 8th, Murphy of the 18th, Collins of the 144th, Lee of the 72nd, Edwards of the 110th, Cole of the 6th, Ware of the 68th, Vaughn of the 57th, Daugherty of the 33rd, Wilson of the 19th, and others:
A Bill to create a Fiscal Affairs Subcommittee within each House of the General Assembly; to provide for the powers, duties and responsibili ties of the Subcommittees; and for other purposes.
HR 353-1210. By Representatives Reaves of the 147th, Phillips of the 120th, Larsen of the 27th, Battle of the 124th, Chance of the 129th, Phillips of the 91st, Patten of the 146th, Smith of the 42nd, Colwell of the 5th, Thomason of the 8th, and others:
A Resolution relative to rules and regulations for individual water supply systems; and for other purposes.
SB 63. By Senator Sutton of the 9th:
A Bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to authorize all eligible employees of the Georgia Agrirama Development Authority to become members of the Employees' Retirement System of Georgia; and for other purposes.
SB 330. By Senator Brantley of the 56th:
A Bill to amend an Act reincorporating the City of Atlanta, so as to change the corporate limits of said city; and for other purposes.

SB 343. By Senator Lewis of the 21st:
A Bill to amend Code Section 23-1602, relating to when claims against counties must be presented, so as to change certain limitations with regard to claims for refund of county taxes due to overpayment; and for other purposes.

SB 357. By Senator Warren of the 43rd:
A Bill to provide that in all counties of this State having a population of not less than 400,000 nor more than 500,000 persons, it shall be lawful

3208

JOURNAL OF THE HOUSE,

to erect signs bearing the word "Sold" on certain residential property; to prohibit such signs from remaining on the property for longer than five days; and for other purposes.

SB 369. By Senators Riley of the 1st and McDowell of the 2nd:
A Bill to fix the compensation of the Judges of the Probate Courts in all counties of this State having a population of not less than 185,000 nor more than 190,000; and for other purposes.

SB 379. By Senator Shapard of the 28th:
A Bill to amend an Act creating a Board of Commissioners for the coun ties of Spalding and Butts, so as to provide for administrative personnel and clerical assistance for the Board of Commissioners of Spalding County; and for other purposes.

SB 380. By Senator Holley of the 22nd:
A Bill to amend an Act known as the "Development Authorities Law", so as to provide a more effective mechanism whereby local communities can stimulate economic growth and development; and for other purposes.

SB 381. By Senators Barnes of the 33rd and Thompson of the 32nd:
A Bill to amend an Act providing for a new charter for the City of Marietta, so as to extend the corporate limits of said city; and for other purposes.

SB 382. By Senator Traylor of the 3rd:
A Bill to amend an Act creating the Board of Commissioners of Bryan County, so as to change the provisions relating to the election of members of the board; to provide for the election of the chairman and vice chair man; and for other purposes.

SB 384. By Senator Kidd of the 25th:
A Bill to amend an Act creating a new Charter for the City of Gordon, so as to change the provisions relating to the election of the mayor and aldermen and their terms of office; and for other purposes.

SB 387. 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 further define the powers of the Author ity; and for other purposes.

WEDNESDAY, MARCH 19, 1975

3209

SB 389. By Senators Garrard of the 37th, Eldridge of the 7th, Howard of the 42nd and Bell of the 5th:
A Bill to specify certain basic rights for law enforcement officers; to provide a short title ("Law Enforcement Officers' Bill of Rights Act"); to provide definitions; to provide for the right of law enforcement officers to engage in political activity; and for other purposes.

SB 390. By Senator McDuffie of the 19th:
A Bill to authorize and direct the Election Superintendent of Dodge County to hold an election on the question of establishing an elective Board of Education of Dodge County; and for other purposes.

SR 144. By Senator Holloway of the 12th:
A Resolution authorizing the conveyance of certain real property located in Lee and Dougherty Counties; and for other purposes.

SR 145. By Senators Russell of the 10th, Young of the 13th, Timmons of the llth and others:
A Resolution relative to the economic plight and disaster experienced by and facing the cotton-producing sectors of the farming and agricul tural industry in the State of Georgia and the United States; and for other purposes.

SR 146. By Senator Kidd of the 25th:
A Resolution relative to academic requirements for veterans in the colleges of this State; and for other purposes.

SB 395. By Senators Brown of the 47th and Holloway of the 12th:
A Bill to amend an Act creating the Municipal Electric Authority of Georgia (House Bill 31 of the 1975 Georgia General Assembly), so as to provide that the Authority shall be an instrumentality of the State; and for other purposes.

Representative Pinkston of the 100th 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 of the Senate and has instructed me to report same back to the House with the following recommendation:

SB 149. Do Pass.

Respectfully submitted, Pinkston of the 100th, Chairman.

3210

JOURNAL OF THE HOUSE,

Representative Marcus of the 26th District, Chairman of the Committee on Health and Ecology, submitted the following report:

Mr. Speaker:

Your Committee on Health and Ecology has had under consideration the fol lowing Bill of the Senate and has instructed me to report same back to the House with the following recommendation:
SB 162. Do Pass, by Substitute.

Respectfully submitted, Marcus of the 26th, Chairman.

Representative 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 Senate and has instructed me to report same back to the House with the following recommendations:
SB 133. Do Pass.
SB 176. Do Pass, by Substitute.
Respectfully submitted, Snow of the 1st, Chairman.

Representative Buck of the 95th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:
SB 59. Do Pass.
SB 101. Do Pass.
HB 179. Do Pass, by Substitute.
Respectfully submitted, Buck of the 95th, Chairman.

WEDNESDAY, MARCH 19, 1975

3211

Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:
SB 195. Do Pass.
HB 1209. Do Pass.
HB 1210. Do Pass.
Respectfully submitted, Lee of the 72nd, Chairman.

Representative Thompson of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the follow ing Resolution of the House and has instructed me to report same back to the House with the following recommendation:
HR 350-1195. Do Pass.
Respectfully submitted, Thompson of the 93rd, Chairman.

Representative Colwell of the 4th District, Chairman of the Committee on State Institutions and Property submitted the following report:

Mr. Speaker:

Your Committee on State Institutions and Property has had under considera tion the following Bill and Resolutions of the House and Senate and has instructed me to report same back to the House with the following recommendations:

HB 1048. Do Pass, as Amended.

HR 347-1177. Do Pass.

SR

84. Do Pass.

SR

85. Do Pass.

Respectfully submitted, Colwell of the 4th, Chairman.

3212

JOURNAL OF THE HOUSE,

Representative Adams of the 36th District, Chairman of the Committee on State Planning and Community Affairs submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:
HB 1195. Do Pass, as Amended.
SB 326. Do Not Pass.

Respectfully submitted, Adams of the 36th, Chairman.

Representative Adams of the 36th 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 Legisla tion) 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 fol lowing recommendations:

HB 1180. Do Pass.

HB 1187. Do Pass.

HB 1197. Do Pass.

HB 1198. Do Pass.

HR 276-1073. Do Pass, as Amended.

HR 349-1192. Do Pass.

SB

10. Do Pass, by Substitute.

HB

952. Do Pass, as Amended

Respectfully submitted, Adams of the 36th, Chairman.

Representative Collins of the 144th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the follow-

WEDNESDAY, MARCH 19, 1975

3213

ing Resolution of the Senate and has instructed me to report same back to the House with the following recommendation:
SR 139. Do Pass.

Respectfully submitted, Miles of the 86th, Vice-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 1180. By Representative Lambert of the 112th:
A Bill to amend an Act creating the office of tax commissioner of Han cock County so as to change the compensation of the tax commissioner and his secretary; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

HB 1187. By Representatives Colwell and Twiggs of the 4th:
A Bill to create the office of Commissioner of Union 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 150, nays 0.

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

HB 1197. By Representatives Carr of the 105th and Karrh of the 106th:
A Bill to amend an Act placing the Tax Receiver of Johnson County on an annual salary in lieu of the fee system of compensation so as to change the annual salary of the tax receiver; and for other purposes.

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

3214

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 150, nays 0.

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

HB 1198. By Representatives Evans of the 99th, Banks of the 104th, Bowman of the 103rd and others:
A Bill to amend an Act creating the Middle Georgia Coliseum Authority so as to increase the amount of revenue bonds which the Authority is empowered to issue; to authorize political subdivisions contracting with the Authority to convey public property to the Authority; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

HR 276-1073. By Representatives Hill of the 41st and Lane of the 40th:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as'to create the East Point Business and Industrial Development Au thority; to provide for the powers, authority and duty of such Authority; to authorize the Authority to issue its revenue bonds, and to provide for the method and manner of such issuance and for validation thereof; to authorize the Authority to contract with the City of East Point and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others; to authorize the City of East Point to contract with the Authority for the use by the City of East Point or the residents thereof of any facilities or services of the Authority, and to authorize said city to create special tax districts and to levy taxes and to expend tax monies from said tax districts as well as tax funds of the city and other available funds of the city and to authorize the city to make payment thereof to the Authority upon such terms as may be pro vided in any contract entered into by and between the Authority and the City of East Point; to authorize the establishment of such rules and regulations and procedures as are necessary to accomplish the lawful purpose of said Authority; to provide for submission of this amendment for ratification or rejection; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

WEDNESDAY, MARCH 19, 1975

3215

Section 1. Article XI, Section III, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:

"EAST POINT BUSINESS AND INDUSTRIAL DEVELOP MENT AUTHORITY

1. Creation. There is hereby created a body, corporate and politic to be known as the East Point Business and Industrial De velopment Authority which shall be deemed to be an instrumentality and political subdivision of the State of Georgia and a public corpora tion thereof and by that name, style and title said body may con tract and be contracted with, sue and be sued, implead and be impleaded and complain and defend in all courts of law and equity.

2. Purpose. The said Authority is created for the purpose of acquiring, constructing, adding to, extending, improving, equipping, maintaining, and operating public projects, public buildings and other public facilities, parking lots or garages and other parking structures and any and all other facilities useful or desirable in con nection therewith, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the Authority necessary, con venient or desirable for and incident to the efficient and proper development and operation thereof, and to attain development and promote for the public good, general welfare, trade commerce, in dustry and employment opportunities and to promote the general welfare of the community, same is vested with authority to ascertain and designate areas it deems proper to be blighted, retarded or slum areas which constitute a serious and growing menace injurious to the public health, safety, morals and welfare of the residents of the City of East Point; the existence of such areas constitutes sub stantially and increasingly to the spread of disease, crime and constitutes increasingly an economic and social liability, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing for commercial accommodations, aggravates traffic problems and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and the prevention and elimination of such areas is a matter of State and local policy and State and local concern in order that the State and its political subdivisions shall not continue to be endangered by areas which are focal centers of economic and social liability, and while contributing little to the tax income of the State and its municipali ties, consume an excessive proportion of its revenue because of the extra services required for police, fire, accident, hospitalization and other forms of public protection, services and facilities; in order to alleviate the aforesaid problems and to accomplish the aforestated purpose, the Authority shall be vested with such powers as are necessary to accomplish same by acquisition, clearance and disposi tion subject to use restrictions of property, both real and personal, since the prevailing condition of decay may make impractical the reclamation of the area by conservation or rehabilitation; some areas or portions thereof may be susceptible to conservation or rehabilita-

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JOURNAL OF THE HOUSE,

tion in such a manner that the conditions and evils hereinbefore enumerated may be eliminated or remedied or prevented and to the extent feasible, savable areas should be conserved and rehabilitated through voluntary private action and regulatory processes; and the Authority may do any and all things deemed by such Authority necessary, convenient or desirable for and incident to the efficient proper development and operation thereof.

3. Membership. The Authority shall consist of seven (7) mem bers, one of whom shall be the Mayor of the City of East Point, Georgia, or his designated member from the City Council of the City of East Point.
(a) Qualifications. All persons who either reside in, own real property in, have a place of business in or are employed within the limits of the City of East Point shall be eligible for nomination to membership on the Authority.
(b) Composition and Appointments. The remaining six positions for membership in the Authority shall be comprised as follows: Three of the six positions shall be filled through a process of nomina tion by the East Point Business and Professional Association, Inc. or similar organization designated by the Mayor and Council of East Point. For each of such vacancies the East Point Business and Pro fessional Association, Inc. or similar organization as designated by the Mayor and Council of East Point shall submit two nominees to the City Council of the City of East Point from which said City Council shall select one of said nominees to serve as a member of the Authority. In the event the City Council is unsatisfied with both of the names submitted, it may request the East Point Business and Professional Association, Inc. or similar organization as designated by the Mayor and Council of East Point to submit new nominees re peating the process until a member has been selected. The remaining three positions for membership on the Authority shall be filled by the aforesaid process of nomination by the Planning and Zoning Commission. One of said positions shall be filled by submitting two names from the Planning and Zoning Commission to the Mayor and Council for selection of one of the members of the Planning and Zoning Commission as a member of the Authority. The remaining two positions shall be filled by the nomination process through the Planning and Zoning Commission from the citizenry of the City of East Point. The Mayor of the City of East Point or his designee shall serve during the term of office for which he was elected. The Chair man of the Authority shall be selected by a majority of its members at the first annual meeting of each calendar year. The members of the Authority shall serve four (4) year staggered terms as follows: For the initial membership of the Authority, of the Three (3) posi tions filled by nominations from the East Point Business and Pro fessional Association, Inc. or similar organization as designated by the Mayor and Council of East Point and the Planning and Zoning Commission of the City of East Point, one position shall be filled for a one-year term, two positions shall be filled for two-year terms, two positions shall be filled for three-year terms and one position for a four-year term. Thereafter, upon completion of a term for

WEDNESDAY, MARCH 19, 1975

3217

appointment, each successor shall be appointed for a four-year term and until their successors have been selected and appointed. Any member of the Authority may be selected and appointed to succeed himself. All appointments shall be for a term commencing on Jan uary 1 and ending December 31. The members of the Authority shall enter upon their duties immediately after such appointment. The Authority shall elect one of its members to serve as Vice Chairman who shall be elected for a term of one year or until his successor is selected and qualified and annually thereafter the Authority shall select one of its members in the same manner for a one-year term. The Authority shall also select a Secretary-Treasurer which Secre tary-Treasurer need not necessarily be a member of the Authority and, if not a member, he or she shall have no voting rights and said Secretary-Treasurer shall be elected to serve at the pleasure of the Authority. No member of the Authority shall hold more than one office except that of Secretary-Treasurer. Four members of the Authority shall constitute a quorum. A majority of the members shall be empowered to exercise the rights and perform all the duties of the Authority and no vacancies on the Authority shall impair the right of the quorum to act. In the event of a vacancy on the Author ity through death, resignation or otherwise, same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason in the same manner that such member originally became a member of the Authority. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event the number of members of the Authority or the qualifications of the membership or the manner in which the members of the Authority shall be selected shall ever be the subject of change, the same may be accomplished by an Act of the General Assembly, except that the General Assembly may not alter the term of office of any duly appointed member then serving.

4. Definitions. As used herein the following words and terms shall have the following meanings:

(a) The word 'Authority' shall mean the East Point Business and Industrial Development Authority herein created.

(b) The word 'Projects' or 'Project' shall be deemed" to mean and include the acquisition, construction, equipping, maintenance and operation of any public project, public building or other public facility, parking lots, garages, or other parking structures or similar undertaking and any and all other facilities useful or desirable in connection with such undertakings and extensions and improvements of such projects, buildings or facilities and the acquisition of the necessary property therefor, both real and personal, all for the essential public purposes of development and promotion of civic and cultural growth, public welfare, trade, commerce, education, amuse ment, recreation or to alleviate traffic congestion in the City of East Point and thereby better protect the lives and property of its
residents and others using its streets.

(c) The term 'cost of the project' shall embrace the cost of con struction, the cost of lands, properties, rights, easements and fran-

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JOURNAL OF THE HOUSE,

chises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of preparing the land, including the installation of storm and sanitary sewers and all utilities therefor, the cost of all machinery, equipment and furnishings related to the operation of any project or projects, financing charges, interest prior to and during construction and for six months after completion of construction, cost of engineering, architectural, fiscal and legal expenses and other expenses necessary and incident to determine the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized and the cost of placing any project in operation. Any expenses incurred for any of the foregoing purposes shall be regarded as part of the 'cost of the project or projects' and may be paid or reimbursed out of funds of the Authority, including the proceeds of any revenue bonds issued under provisions of this Act for such project or projects.

(d) The terms 'revenue bonds' and 'bonds' shall mean any bonds of the Authority which are hereunder authorized to be issued, includ ing refunding bonds, as though such revenue bonds had originally been authorized to be issued under the provisions of the Revenue
Bond Law (Ga. Laws 1957, p. 36, et seq., as amended) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761, et seq., as amended) and in addition shall also mean any obligations of the Authority, the issuance of which are hereinafter specifically provided for.

(e) Any project or combination of projects shall be deemed 'self-liquidating' if, in the judgment of the Authority the revenues and earnings to be derived by the Authority therefrom, including, but not limited to, any revenues derived from the City of East Point or other political subdivision under any contracts with the Author ity, will be sufficient to pay the cost of operating, repairing and maintaining the project and to pay the principal and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project, projects, or combination of projects.

5. Powers. The Authority shall have the powers:

(a) To adopt and alter a corporate seal;

(b) 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;

(c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by con demnation in accordance with the provisions of any and all laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make con tracts with respect to the use of or dispose of the same in any man-

WEDNESDAY, MARCH 19, 1975

3219

net it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property con demned under the provisions hereof, except from the funds provided under the authority hereof, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions hereof upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the Authority shall deem it 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 into the State treasury for the credit of the general fund of the State of the reasonable value of such lands in accordance with the applicable laws of the State of Georgia;

(d) To appoint, select and employ officers, agents and em ployees, including engineering, architectural and construction ex perts, fiscal agents and attorneys, and fix their respective compen sations;

(e) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of pro jects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to contract with the City of East Point and with the State of Georgia and any departments, institutions, agencies, counties, municipalities or political subdivisions of the State of Georgia, public corporations and with others upon such terms and for such purposes as may be deemed advisable for a term not exceeding fifty years; and the City of East Point is hereby authorized to enter into contracts and related agreements for the use by the City of East Point or the residents thereof of any project, structure, building or facility or a combina tion of two or more projects, structures, buildings or facilities of the Authority for a term not exceeding fifty years; and said City shall be and the same is hereby specifically authorized to levy taxes, without limitation as to rate or amount, and to expend tax monies of the City and any other available funds and to obligate said City to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Au thority and the City of East Point, in order to enable the Authority to pay the principal of and interest on any of its bonds as same mature and to create and maintain a reserve, for that purpose and also to enable the Authority to pay the cost of maintaining, repair ing and operating the property or facilities so furnished by said
Authority;

(f) To acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain and manage projects, as hereinabove de fined, the cost of any such project to be paid, in whole .or in part, from the proceeds of revenue bonds of the Authority or from such

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JOURNAL OF THE HOUSE,

proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof;

(g) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality
may require;

(h) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require;

(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 exercise any power usually possessed by private corpo rations performing similar functions, which is not in conflict with the Constitution and laws of this State; and

(k) To do all things necessary or convenient to carry out the powers expressly given hereunder.

6. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special funds herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds.

7. Same; Form; Denomination; Registration; Place of Pay ment. 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 the principal thereof and the interest thereon, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered forms, or both, as the Authority may determine, and provision may be made for the

WEDNESDAY, MARCH 19, 1975

3221

registration of any coupon bond as to principal alone and also as to both principal and interest.

8. Same; Signature; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary-Treasurer of the Au thority. Either of such signatures on any coupons may be by fac simile signature of the Chairman and Secretary-Treasurer of the Authority in accordance with the provision of applicable law. 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.

9. Same; Negotiability. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to be negotiable under the Laws of this State, subject to provisions for registration.

10. Same; Sale; Proceeds of Bonds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose pro vided in the proceedings authorizing the issuance of such bonds.

11. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certifi cates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.

12. Same; Replacement or Lost or Mutilated Bonds. The Au thority may also provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.

13. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or.things other than those proceedings, conditions and things which are specified or required hereunder. Any resolu tion, providing for the issuance of revenue bonds under the pro visions hereof shall become effective 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 Au thority.
14. Same; Credit not Pledged and Debt not Created. Revenue bonds issued by the Authority hereunder shall not be deemed to

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constitute a debt of the City of East Point, nor of the State of Geor gia or any municipality, county, authority, instrumentality or political subdivision of the State of Georgia, which may contract with such Authority.

15. Same; Trust Indentures as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by
a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be re ceived by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in viola tion of law, including covenants setting forth the duties of the Au thority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and application of all monies; and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds; and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State or any other State or the United States to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses 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.

16. To Whom Proceeds Shall be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolutions or trust indentures may provide.

17. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the

WEDNESDAY, MARCH 19, 1975

3223

payment of the principal of and interest on revenue bonds of the Authority, as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds, so pledged
from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture,
into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue
bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest and other investment charges, and (4) any premium upon bonds retired by call or pur chase as hereinabove provided. The use and disposition of such sink ing fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without dis tinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds, or in the trust indenture, any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so pur chased or redeemed shall forthwith be cancelled and shall not again be issued.

18. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons ap pertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel perfor mance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

19. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be ap plicable.
20. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Cotirt of Fulton County, Georgia, and any action pertaining to the validation of any

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bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdic tion of such actions.
21. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended, or as same may be hereafter amended. The petition or validation shall also make a party defendant to such action any municipality, county, authority, political subdivision or instrumental ity of the State of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and any such municipality, county, authority, political subdivisions or instrumentality shall be required to show cause, if any exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the Au thority. The bonds, then validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and any municipality, county, au thority, political subdivision or instrumentality, if a party to the validation proceedings, contracting with the said Authority.
22. 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.

23. Monies Received Considered Trust Funds. All monies re ceived pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix rents and rates and to revise same from time to time and to collect payments, fees, tolls and charges on each project or for the services, facilities and commodities furn ished; and in anticipation of the collection of the revenues of such undertakings or projects, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construc tion, reconstruction, improvement, betterment or extension of its undertakings or projects; and to pledge to the punctual payment of
said bonds, and interest thereon, all or any part of the revenues of such undertakings or projects, including the revenues of improve ments, betterments or extensions thereto thereafter made.

25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions hereof, including the basis on which services and facilities, or both, shall be furnished.

WEDNESDAY, MARCH 19, 1975

3225

26. Governmental Function. It is hereby declared that the Au thority is created for a public purpose and will be performing an essential governmental function in the exercise of the powers con ferred upon it hereunder in the development and promotion of civic and cultural growth, public welfare, trade, commerce, education, amusement, recreation or to alleviate traffic congestion in the City of East Point and thereby better protect the lives and property of its residents and others using its streets.

27. Immunity From Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority, when in the performance of the work of the Au thority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any contractual obligations of the Authority.

28. Property Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Au thority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Au thority to enforce payment of the obligation.

29. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwith standing any other provision of the Constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes.

30. Special Tax Districts. The City of East Point shall be em powered and authorized to create special tax districts within the City of East Point upon the areas of any projects for redevelopment or development that said Authority may determine, and to levy and collect taxes within said districts based on values of real property fixed by the tax digest of the City of East Point, to meet, pay for and retire any and all financial obligations of the Authority, its bonds and/or revenue certificates, and may pledge said revenue, and to levy and collect taxes within said districts for the retirement of said financial obligations. No such special taxes shall be levied by the City of East Point for any purpose against property used ex clusively for residential purposes within any such tax district.

31. Effective Date. This amendment shall be effective im mediately upon proclamation of its ratification by the Governor.

32. General Assembly. This amendment is self-enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and duties of the Authority and the exercise

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thereof and may enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority not inconsistent with any other provisions of this Constitution. The Au thority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of the City of East Point, Georgia, as the same now or may hereafter exist."

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

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

"( ) YES Shall the Constitution be amended so as to create the East Point Business and Industrial Develop ment Authority and to provide for the powers,
( ) NO authority and duties of such Authority, and to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof, and to authorize the Authority to contract with the City of East Point and with the State of Georgia and any departments, institutions, agencies, munici palities, counties or political subdivisions of the State of Georgia, public corporations and others and to authorize the City of East Point to contract with the Authority and to authorize the City of East Point to create special taxing districts and to levy taxes in said special taxing districts and to expend tax monies derived from said special taxing districts and to authorize the City of East Point to levy taxes and expend tax monies of the City and to make payment thereof to the Author ity upon such terms as may be provided in any contract entered into by and between the Author ity and the City of East Point?"

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

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

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HR 276-1073 as follows:

WEDNESDAY, MARCH 19, 1975

3227

By deleting in their entirety lines 9 through 13 of page 4 and sub stituting in lieu thereof the following:

"(a) Qualifications. All persons who have resided within the limits of the City of East Point for at least six months shall be eligible for nomination to membership on the Authority."

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

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

Those voting in the affirmative were Representatives:

Adams, G. D.
Adams, John
Adams, Marvin Bailey Banks Bargeron Baugh Beck Beckham Berry Blackshear Bowman Bray Buck Burruss Burton Calhoun Games Carr Carrell Carter Castleberry Chance Childers Clark, L. Clifton Cole Coleman Collins Colwell Connell Cooper Cox Culpepper Daugherty Davis Dent

Dixon Dover Edwards, C. W. Edwards, W. Egan Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Glanton Greer Ham Hamilton Harden Harris, B. B. Harris, J. F. Harrison Hawkins Hays Holmes Horton Howard Hudson Irvin, J. Irvin,R. Irwin Jackson
Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore

King Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Linder Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald
Miles Milford Mostiler Nessmith
Nix Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L.
Peters Petro Phillips, L. L.
Phillips, R. T. Phillips, W. R. Pinkston
Rainey

3228
Randall Ray Reaves Rush Russell, J. Sams Shanahan Sheats Sigman Sizemore

JOURNAL OF THE HOUSE,

Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Thomason Thompson Tolbert Tucker

Twiggs Vaughn Waddle Walker Ware Watson West Whitmire Wilson Wood

Those not voting were Representatives:

Alexander Battle Bolster Brown Carlisle Childs Clark, Betty Crawford Dean Elliott Gammage Gignilliat Glover

Harris, J. G. Hatcher Hill, B. L. Hill, G. Howell Hutchinson Knight Lambert Matthews, C. McKinney Mullinax Noble Richardson

Ross Russell, W. B. Scott Taggart Toles Townsend Triplett Wall Wheeler White Williams Williamson Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 141, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.

HR 349-1192. By Representatives Parrish of the 97th, Thompson of the 93rd, Berry of the 94th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to encourage and enhance overall economic development, increase employment, pro mote industry and commerce, provide incentives for the location of new (or the expansion of existing) manufacturing, processing, storage or transshipment facilities by authorizing the governing authority of Columbus-Muscogee County or any municipal corporation within Muscogee County to provide for the exemption from all ad valorem taxation by such governing authority of all tangible personal property within Muscogee County in transit through Muscogee County from outside the State to a final destination outside the State and all tangible personal property grown, harvested, manufactured, processed or refined in Muscogee County and stored therein for shipment outside the State;

WEDNESDAY, MARCH 19, 1975

3229

to provide for the submission of this amendment for ratification or re jection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following para graph:
"In order to encourage and enhance overall economic develop ment, increase employment, promote industry and commerce, provide incentives for the location of new (or expansion of existing) manu facturing, processing, storage or transshipment facilities, the gov erning authority of Columbus-Muscogee County or any municipal corporation within Muscogee County shall have the authority to provide for the exemption from all ad valorem taxation by such governing authority of tangible personal property transported into the territorial jurisdiction of such governing authority from outside the State in transit to a final destination outside the State and of tangible personal property grown, harvested, manufactured, pro cessed or refined in Muscogee County and stored therein for ship ment outside the State. Property shall not cease to be in transit within the exemption granted pursuant to this provision by virtue of the fact that while held, or while in storage, in Muscogee County such property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, packaged, labeled, repackaged or relabeled. Such tangible personal property 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 in order to encourage and enhance overall
( ) NO economic development, increase employment, promote industry and commerce, and provide incentives for the location of new (and the expansion of existing) manu facturing, processing, storage and transshipment fa cilities, the governing authority of Columbus-Muscogee County or of any municipal corporation within Muscogee County shall have the power to exempt from all ad valorem taxation by such governing au thority tangible personal property in transit from without the State through Muscogee County to a destination outside the State and tangible personal property grown, harvested, manufactured, processed or refined in Muscogee County and stored therein for shipment outside the State. Such property shall not be exempt from State ad valorem taxation?"

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JOURNAL OP THE HOUSE,

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against 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 Representatives :

Adams, G. D. Adams, John Adams, Marvin Bailey Banks Bargeron
Baugh Beck Beckham Berry Blackshear Bowman Bray Buck Burruss Burton Calhoun Games Carr Carrell Carter Castleberry Chance Childers Clark, L. Clifton Cole Coleman Collins Colwell Connell Cooper Cox Culpepper Daugherty Davis Dent

Dixon Dover Edwards, C. W. Edwards, W, Egan Evans, B. Evans, W. D. Pelton Foster, P. W Foster, R. L. Fraser Glanton Greer Ham Hamilton Harden
Harris, B. B. Harris, J. F. Harrison Hawkins Hays Holmes Horton Howard Hudson Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore

King Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Linder Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald Miles Milford Mostiler Nessmith Nix Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey

WEDNESDAY, MARCH 19, 1975

3231

Randall Ray Reaves Rush Russell, J. Sams Shanahan Sheats Sigman Sizemore

Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Thomason Thompson Tolbert Tucker

Twiggs Vaughn Waddle Walker Ware Watson West Whitmire Wilson Wood

Those not voting were Representatives:

Alexander Battle Bolster Brown Carlisle Childs Clark, Betty Crawford Dean Elliott Gammage Gignilliat Glover

Harris, J. G. Hatcher Hill, B. L. Hill, G. Howell Hutchinson Knight Lambert Matthews, C. McKinney Mullinax Noble Richardson

Ross Russell, W. B. Scott Taggart Toles Townsend Triplett Wall Wheeler White Williams Williamson Mr. Speaker

On the adoption of the Resolution, the ayes were 141, nays 0.

The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
SB 10. By Senator Coverdell of the 40th:
A Bill to provide that ad valorem, excise and other taxes, fees, service charges and assessments due to counties of this State having a popula tion of 600,000 or more according to the United States Decennial Census of 1970 or any future such census or to those municipalities lying wholly or partially within such a county having a population of 400,000, or more according to the United States Decennial Census of 1970.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide that ad valorem taxes, service charges and assessments due to counties of this State having a popula tion of 600,000 or more according to the United States Decennial Census of 1970 or any future such census or to those municipalities lying wholly or partially within such a county which are not paid when due shall bear interest at the rate of seven (7%) percent per annum on the first

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$1,500 of such liability and at a rate of interest on the amount of such liability which exceeds $1,500 equal to seven (7%) percent per annum plus an additional one (1%) percent per annum for each month that such liability remains unpaid, with a maximum rate of ten (10%) percent per annum, to accrue on such liabilities from the date the same become due until paid in full; to provide that execution shall issue therefor; to provide for an effective date of this Act; to provide for severability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Any other law of this State to the contrary notwith standing, all ad valorem taxes, service charges and assessments owed by any taxpayer to each county in this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census or to each municipality lying wholly or partially within such county which are not paid when due shall bear interest at the following rates until paid:

(a) Seven (7%) percent per annum on the total amount of any such taxes, service charges, or assessments which are not paid when due;

(b) An additional rate of interest on the amount of such taxes, service charges and assessments which exceed $1,500 equal to an addi tional one (\ r'/r) percent per annum for each full calendar month which
elapses between the date on which such taxes, service charges and assessments first become due and the date on which they are paid in full; provided, however, that the total rate of interest determined under this Act shall not exceed ten (10%) percent per annum. Such rates of interest shall be determined on the date such amounts are paid in full and interest at the rate so determined shall accrue on such taxes, service charges or assessments from the date on which any such amount, or installment thereof, first becomes due and payable until the date on which such amount, or installment thereof, is paid in full. Computations of interest due hereunder shall be made separately with respect to each
parcel of property.

Section 2. The tax collectors or tax commissioners or governing authority of any such county or municipality shall issue executions against such taxpayer owing such taxes, service charges or assessments together with interest thereon as provided in this Act when the same become delinquent.

Section 3. This Act shall become effective April 1, 1975, and shall apply to any such tax, service charge or assessment which becomes due and payable on or after the effective date of this Act.

Section 4. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not

WEDNESDAY, MARCH 19, 1975

3233

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

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

On the passage of the Bill, by substitute, the ayes were 150, nays 0.

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

HB 952. By Representatives Bailey, Johnson, West and Lee of the 72nd:
A Bill to create a new charter for the City of Lovejoy in the County of Clayton; and for other purposes.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 952 as follows:
By renumbering Section 9.02 as 9.03.
By adding a new Section 9.02, to read as follows:
"Section 9.02. Notwithstanding any other provisions herein contained, this Act is not intended to and shall not be applicable to regulation of or over the property, activity, rates, services or opera tions of any electric supplier as defined in the Georgia Territorial Electric Service Act (Ga. Laws 1973, p. 200)."

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

On the passage of the Bill, as amended, the ayes were 150, nays 0.

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

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JOURNAL OF THE HOUSE,

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

Mr. Speaker:

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

SB 227. By Senator Stephens of the 3'6th:
A Bill to amend an Act providing for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem taxation purposes and .providing for a different rate, method of assess ment and manner of collecting ad valorem taxes due thereon, approved March 16, 1966, as amended.

SB 325. By Senator Garrard of the 37th:
A Bill to require bond from certain agents, collection agents and certain others who receive or handle monies for payment to third parties; to prevent fraud or misappropriation of funds by certain agents.

SB 374. By Senators Stephens of the 36th, Hudson of the 35th and Garrard of the 37th:
A Bill to provide that in all municipalities of this State having a popula tion of 400,000 or more, each school bus driver, who is employed by an individual or private corporation shall be in good physical and mental health and of good moral character.

HB 288. By Representatives Evans of the 99th, Pinkston of the 100th, Banks of the 104th and others:
A Bill to amend Code Section 59-108, relating to jury boxes, so as to provide for the creation of plans for the selection of persons to serve as jurors by mechanical or electronic means; to provide for rules of the superior courts.

HB 289. By Representatives Evans of the 99th, Pinkston of the 100th, Banks of the 104th and others:
A Bill to amend Code Section 59-101, relating to the appointment, num ber, qualifications, terms and removal of jury commissioners, so as to provide that members of the board of jury commissioners shall be appointed by the senior judge of the superior court.

HB 319. By Representative Culpepper of the 98th:
A Bill to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System and providing for the estab lishment of a Joint Municipal Retirement System approved March 31,

WEDNESDAY, MARCH 19, 1975

3235

1964, so as to change the definition of the term 'employee' under said Act.

HB 586. By Representatives Sams of the 90th, Beckham of the 89th, and Snow of the 1st:
A Bill to amend an Act pertaining to the administration 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.

HB 44. By Representative Oxford of the 116th:
A Bill 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 over paid by taxpayers, whether paid voluntarily or involuntarily.

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

HB 268. By Representatives Thompson of the 93rd, Foster and Cole of the 6th, and Leonard of the 3rd:
A Bill to amend an Act fixing the salaries of the judges of the superior courts so as to provide that secretaries employed by judges of the superior courts and district attorneys under the provisions of said Act shall be employees of the judicial branch of State government and shall be in the unclassified service of the State Merit System of Personnel Administration.
HB 971. By Representatives Burruss of the 21st, Waddle of the 113th, Kreeger of the 21st and others:
A bill comprehensively to revise and codify the laws of this State regulating the practice of professional engineering and the practice of land surveying; to amend Code Title 84, relating to professions and trades, so as to codify the laws relating to professional engineering and land surveying as Code Chapter 84-21.

HB 527. By Representative Knight of the 67th:
A Bill to amend Section 92-3303' of the Code of Ga. of 1933 so as to reduce from two years to ninety 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.

HB 528. By Representative Knight of the 67th:
A Bill to amend the Code of Georgia relating to the amount of interest charged a taxpayer for income tax purposes and the amount of interest paid to a taxpayer for income tax purposes.

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JOURNAL OP THE HOUSE,

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

HB 580. By Representative Murphy of the 18th:
A Bill to amend an Act known as the "Georgia Residential Finance Agency Act", so as to change the membership of the Authority; to provide for a minimum percentage of each bond issue to be placed in the capital reserve fund.

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

SR 59. By Senator Stephens of the 36th:
A Resolution proposing an amendment to the Constitution so as to provide that the homestead of residents of independent school districts who are 62 years of age or over and who has an adjusted gross income, including the adjusted gross income of certain members of the family, not exceeding $6,000 per annum, may be granted an exemption from all ad valorem taxation for educational purposes.

SR 60. By Senator Stephens of the 36th:
A Resolution proposing an amendment to the Constitution so as to provide that the homestead of each resident of county school districts who is 62 years of age and who has an adjusted gross income, including the adjusted gross income of certain members of the family, not exceeding $6,000 per annum, may be granted an exemption from all ad valorem taxation for educational purposes.

HB 990. By Representatives Lambert of the 112th and Carlisle of the 71st:
A Bill to amend an Act creating the Department of Commerce so as to provide for the membership of the Board of Commissioners of the Department of Community Development by April 1, 1979.

The Senate has agreed to the House substitute by the requisite constitutional majority to the following Bill of the Senate, to-wit:

SB 233. By Senator Reynalds of the 48th:
A Bill to create the Gwinnett County Recreation Authority and to au thorize such authority, to acquire, construct, equip, maintain and operate an athletic stadium or stadiums and the usual facilities related thereto.

The Senate has adopted the report of the Committee of Conference on the following Bill of the Senate, to-wit:

WEDNESDAY, MARCH 19, 1975

3237

SB 111. By Senator Holloway of the 12th:
A Bill to amend Code Section 47-107, relating to the salary and al lowances of members of the General Assembly, as amended by an Act approved Mar. 16, 1966, so as to provide for compensation for Senate and House of Representatives Administration and Assistant Administra tion Floor Leaders.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to-wit:

HB 389. By Senators Garrard of the 37th, Eldridge of the 7th, Howard of the 42nd and Bell of the 5th:
A Bill to specify certain basic rights for law enforcement officers to provide a short title; to provide definitions; to provide for the right of law enforcement officers to engage in political activity; to provide the conditions under which an investigation or interrogation of a law enforcement officer shall be made by a law enforcement agency.

SR 148. By Senator Kidd of the 25th:
A Resolution authorizing the conveyance of certain real property located in Baldwin County, Georgia.

SR 151. By Senator Lewis of the 21st:
A Resolution authorizing the conveyance of certain real property located in Jenkins County, Georgia.

SR 157. By Senator Russell of the 10th:
A Resolution authorizing the lease of certain real property located in Grady County, Georgia.

SR 170. By Senator Kidd of the 25th: A Resolution congratulating Miss Lynn Miller.

HR 98-396. By Representatives Lambert of the 112th, and Carlisle of the 71st:
A Resolution to authorize the Department of Revenue to write off uncollected check balances covering motor fuel highway use permits and taxes.

HR 206-875. By Representative Harris of the 8th:
A Resolution authorizing the conveyance of a certain tract of Stateowned property.

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JOURNAL OF THE HOUSE,

HR 245-992. By Representatives Twiggs and Colwell of the 4th:
A Resolution authorizing the conveyance of a certain State-owned easement for highway purposes.

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

HB 482. By Representative Larsen of the 119th:
A Bill to amend an Act creating a Judicial Council of the State of Georgia, so as to provide that the Judicial Council shall promulgate rules and regulations which shall provide for and set the fees to be charged by all official court reporters in this State in all criminal and civil cases.

HB 647. By Representatives Sams of the 90th, Snow of the 1st, Irvin of the 23rd and others:
A Bill to amend Code Section 26-1802 relating to theft by taking so as to specify the criminal intent element of the offense of shoplifting.

HB 820. By Representatives Ware of the 68th, Castleberry of the lllth, Peters of the 2nd, and others:
A Bill to amend an Act known as the "Insurance Premium Finance Company Act" so as to change the amount of the annual license fee; to provide for additional requirements for licenses; to provide for bonds or deposits.

HB 825. By Representatives Lambert of the 112th and Vaughn of the 57th:
A Bill to amend the Executive Reorganization Act of 1972 so as to provide for a Bureau of Industry and Trade within the Department of Community Development.

HB 851. By Representatives Cole of the 6th, Burruss of the 21st, Pinkston of the 100th and others:
A Bill to provide for retained amounts on certain water and sewer contracts; to provide for an alternate escrow procedure for such retention.

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 alreody adopted this March 19, 1975, by adding the following:
HB 49. Hospital Authorities; Grants Human Resources HB 105. Elections; Registration by Mail

WEDNESDAY, MARCH 19, 1975

3239

HB 112. Felony, Confiscation & Sale of Articles Used in Claim HB 214. Service of Notices, Incorporated Cities HB 237. State Employees, City Less than 1,500 HB 391. Water Business Companies, Tax Returns HB 477. Mentally 111 Hospitalized; Judicial or by Physician HB 540. State Records Committee; Create HB 583. Superior Court Clerks; Invest Funds Deposit in Registry HB 633. Drivers Motor Vehicles, Arrest for Violations HB 731. Births of Children; Repeal White or Colored Parent HB 782. Income Tax; Corporations, Etc., Educational Purposes HB 830. Correctional Officer; Police Officer Powers HB 883. Dangerous Drugs; Include Drugs Since 2/1/72 HB 940. Electrical Contractors, License Without Examination HB 955. Indictments, Two or More Offenses HB 1109. Student Grants, Amount of Grants HB 1118. No Fault Insurance; Motorcycles & 3-wheel Vehicles HR 122-477. Secty. of State; Grant Corp. Powers Etc., Private Companies SB 102. Teachers Retirement System; Eligibility-Service SB 123. Attorney General Legal Services State Soil Conservation SB 125. Legal Rate of Interest; Lender Charge; Service Charge SB 126. Interest on Loans; Lender Charge Service Fees SB 148. Branch Banks; Within Adjacent Counties SB 156. Health Insurance Plan; State Personnel Board SB 160. Marta; Membership of Board of Directors SB 163. Mentally Retarded Offenders; Education, Etc. SB 175. State Library; Relating to SB 188. Child Abuse, Confidential Records SB 189. Equine Infection Anemia; Provide for Control SB 194. Colleges, Instruct U. S. & State Constitution SB 240. Douglas Judicial Circuit; Create SB 247. Secondary Security Deeds; Change Int. on Principal Amount SB 285. Consumer Advisory Board, Create SB 308. Certified Water and Wastewater, State Board of Examiners

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JOURNAL OF THE HOUSE,

SB 351. Loans-Secured by Residential Property; Interest Chgs. SB 368. Deceased Employees' Survivors, Wages increased SB 377. Cas. Ins.; Mandatory Agreements SR 99. Honeybee, Official State Insect

Except as herein amended, the provisions of the calendar heretofore sub mitted shall remain in full force and effect.
Respectfully submitted, Lee of the 72nd, 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 163. By Senator Summers of the 53rd:
A Resolution proposing an amendment to the Constitution so as to provide for a certain disposition of fees, costs and fines received or col lected by the Tax Commissioner of Chattooga County from the Board of Education of Chattooga County; to provide for submission of this amendment for ratification or rejection.

Representative Whitmire of the 9th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:
HB 1166. By Representatives Whitmire of the 9th, Irvin of the 10th, Wood and Jackson of the 9th: A Bill to amend an Act providing for and authorizing the Commissioner of Agriculture to establish farmers markets in this State and to au thorize the Commissioner of Agriculture to make necessary rules and regulations to properly conduct such markets and to provide for em bargoes and prohibit the sale of vegetables, fruits, truck crops and other farm crops found to be unfit for food, approved February 25, 1935; and for other purposes.
The motion prevailed and HB 1166 was reconsidered.

WEDNESDAY, MARCH 19, 1975

3241

Representative Parrish of the 97th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 1137. By Representatives Parrish of the 97th, Smyre of the 92nd, Buck of the 95th and Berry of the 94th:
A Bill to repeal an Act entitled "An Act to provide that it shall be unlawful for any person to fire or discharge any firearm on Sunday; to provide for exceptions; to provide for a penalty; to repeal a specific law; to repeal conflicting laws; and for other purposes." (approved April 10, 1968, p. 1246); to provide an effective date; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, John Alexander Bailey Bargeron Baugh Beckham Berry Bray Brown Buck Calhoun Carnes Carrell Carter Castleberry Childers Cole Coleman Cooper Cox Culpepper Dean Dover
Edwards, C. W. Edwards, W.

Elliott Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Ham Harrison Hawkins Holmes Irvin, J. Irvin, R. Irwin Jessup Johnson, R. Johnson, W. R. Jordan Kilgore Knight Larsen, G. K. Lee Miles Nix
Owens Oxford

Parham Parrish Peters Petro Phillips, L. L. Phillips, W. R. Ray Richardson Russell, J. Shanahan Sheats Sigman Smyre Snow Thompson Townsend Tucker Twiggs Waddle Watson West Williams Williamson
Wood

Those voting in the negative were Representatives:

Adams, G. D. Adams, Marvin Banks Bolster Carr Clark, Betty

Clark, L. Clifton Collins Crawford Dent Glanton

Harris, J. F. Hays Howard Hudson Karrh Keyton

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JOURNAL OF THE HOUSE,

Lane, Dick Lane, W. J. Logan Long Milford Nessmith Patten, G. C.

Patten, R. L. Phillips, R. T. Rainey
Reaves Rush Sizemore

Smith, J. R. Smith, V. B. Stone Thomason Walker White

Those not voting were Representatives:

Battle Beck Blackshear Bowman Burruss Burton Carlisle Chance Childs Colwell Connell Daugherty Davis Dixon Egan
Evans, B. Gammage Gignilliat Glover Greer Hamilton Harden Harris, B. B.

Harris, J. G. Hatcher Hill, B. L. Hill, G. Horton Howell Hutchinson Jackson Jones King Kreeger Lambert Larsen, W. W. Leggett Leonard Linder Lucas Mann Marcus Matthews, C. Matthews, D. R. McCollum McDonald

McKinney Mostiler Mullinax Noble Parkman Pinkston Randall Ross Russell, W. B. Sams Scott Sweat Taggart Tolbert Toles Triplett Vaughn Wall Ware Wheeler Whitmire Wilson Mr. Speaker

On the motion, the ayes were 74, nays 37.

The motion prevailed and HB 1137 was reconsidered.

Representative Parrish of the 97th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 773. By Representatives Parrish of the 97th and Ware of the 68th:
A Bill to amend Code Chapter 56-3, relating to the general requirements for conducting an insurance business in this State so as to prohibit certain institutions and entities constituting or being part of the Farm Credit System and certain of their employees from being licensed to sell or solicit insurance; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 19, 1975

3243

Those voting in the affirmative were Representatives:

Adams, John Bailey Bargeron Battle Beckham Berry Bolster Calhoun Carlisle Carnes Carr Carter Castleberry Childers Cole Collins Cooper Cox Dean Edwards, W.

Elliott Evans, W. D. Felton Foster, P. W. Gignilliat Ham Harden Harrison Hawkins Howard Hudson Jackson Jessup Jordan Kilgore Larsen, G. K. Leggett Leonard Marcus

Miles Nix Owens Oxford Parham Parrish Peters Phillips, W. R. Rainey Richardson Sheats Smyre Thompson Wall Watson West Williams Wilson Wood

Those voting in the negative were Representatives:

Adams, G. D. Adams, Marvin Banks Bray Carrell Chance Clark, Betty Clark, L. Clifton Crawford Culpepper Dover Edwards, C. W. Egan Foster, R. L. Fraser Glover Hays Holmes

Irvin, J. Irvin, R. Irwin Johnson, R.
Jones Karrh Keyton Lambert Lane, Dick Larsen, W. W. Long Mann Matthews, D. R. Milford Mostiler Nessmith Patten, G. C. Patten, R. L. Petro

Phillips, L. L. Phillips, R. T. Ray Reaves Rush Russell, J. Shanahan Sigman Sizemore Smith, J. R. Smith, V. B. Snow Stone Thomason
Tucker Walker White Williamson

Those not voting were Representatives:

Alexander Baugh Beck Blackshear Bowman Brown Buck

Burruss Burton Childs Coleman Colwell Connell Daugherty

Davis Dent Dixon Evans, B. Gammage Glanton Greer

3244
Hamilton Harris, B. B. Harris, J. G. Harris, J. F. Hatcher Hill, B. L. Hill, G. Horton Howell Hutchinson Johnson, W. R. King Knight Kreeger Lane, W. J.

JOURNAL OF THE HOUSE,

Lee Linder Logan Lucas Matthews, C. McCollum McDonald McKinney Mullinax Noble Parkman Pinkston Randall Ross Russell, W. B.

Sams Scott Sweat Taggart Tolbert Toles Townsend Triplett Twiggs Vaughn Waddle Ware Wheeler Whitmire Mr. Speaker

On the motion, the ayes were 58, nays 56.

The motion prevailed and HB 773 was reconsidered.

Representative Williams of the 54th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 572. By Representatives McKinney of the 35th and Parkman of the 66th:
A Bill to bar civil liability of law enforcement officers in certain civil actions for false arrest and false imprisonment under certain circum stances and conditions; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Blackshear Bray Childs Crawford Dean Dent

Ham Holmes Karrh King Knight Larsen, W. W.

Logan Phillips, W. R. Smyre Thompson Williams

Those voting in the negative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Bailey Bargeron Battle

Beckham Berry Bolster Burruss Carlisle Carnes

Carr Carrell Carter Castleberry Chance Childers

WEDNESDAY, MARCH 19, 1975

3245

Clark, Betty Clifton Cole Coleman Collins Cooper Cox Culpepper Dover Edwards, C. W. Edwards, W. Egan Elliott Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Gignilliat Glanton Glover Harden Harrison Hawkins Hays Hill, G. Howard Hudson

Irvin, J. Irvin, R. Jackson Jessup Johnson, R. Jones Jordan Keyton Kilgore Lane, Dick Lane, W. J. Larsen, G. K. Leggett Leonard Long Mann Marcus Matthews, D. R. Miles Milford Mostiler Nix Owens Oxford Parham Parrish Patten, G. C.

Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T. Rainey Ray Richardson Rush Russell, J. Shanahan
Sheats Sigman Smith, J. R. Smith, V. B.
Snow Stone Thomason Tolbert Tucker Wall Watson West Whitmire Williamson Wilson Wood

Those not voting were Representatives:

Alexander Banks Baugh Beck Bowman Brown Buck Burton Calhoun
Clark, L.
Colwell
Connell
Daugherty
Davis
Dixon
Evans, B. Gammage
Greer
Hamilton
Harris, B. B.
Harris, J. G.

Harris, J. F. Hatcher Hill, B. L. Horton Howell Hutchinson Irwin Johnson, W. R. Kreeger
Lambert
Lee
Linder
Lucas Matthews, C.
McCollum
McDonald
McKinney Mullinax
Nessmith
Noble
Parkman

Pinkston Randall Reaves Ross Russell, W. B. Sams Scott Sizemore Sweat
Taggart
Toles
Townsend
Triplett
Twiggs Vaughn
Waddle
Walker
Ware
Wheeler
White Mr. Speaker

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JOURNAL OF THE HOUSE,

On the motion, the ayes were 17, nays 100.

The motion was lost and the House refused to reconsider the passage of HB 572.

By unanimous consent, all Bills and Resolutions of the House passed or adopted this day were ordered immediately transmitted to the Senate.

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 228-&10. By Representatives Elliott of the 49th, Adams of the 14th and Kilgore of the 65th:
A Resolution authorizing and directing the State Department of Trans portation to develop a plan for the creation of a single organizational unit to control the Metropolitan Atlanta Expressway System; and for other purposes.

The following Committee substitute was read and adopted:
A RESOLUTION
Creating an Atlanta Expressway Study Commission to develop a plan for the creation of a single organizational unit to control the Metropolitan Atlanta Expressway System; and for other purposes.
WHEREAS, there are currently 19 separate police agencies within the Metropolitan Atlanta area with jurisdiction over segments of the expressway system which causes unequal enforcement of traffic laws on the system and results in uncertainty about traffic law enforcement for the public; and
WHEREAS, an important element of the successful operation of the Metropolitan Atlanta Expressway System is public support, and uniform enforcement of the traffic laws on the system will help gain this public support; and
WHEREAS, a single organizational unit which controls the plan ning, operation and law enforcement for the Metropolitan Atlanta Ex pressway System is essential to the maximum efficient use of the system and to public cooperation and participation in expressway traffic and safety programs.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that there is hereby created the Atlanta Ex pressway Study Commission to be composed as follows: two members of the House of Representatives appointed by the Speaker; two members

WEDNESDAY, MARCH 19, 1975

3247

of the Senate appointed by the President of the Senate; the Chairman of the House Highways Committee; the Chairman of the Senate Transportion Committee; two members appointed by the Governor; one mem ber appointed by the Commissioner of the Department of Transporta tion; and one member appointed by the Commissioner of Public Safety. The Speaker and the President of the Senate shall each designate one of their appointees as co-chairman.

The Commission is hereby authorized and directed to develop a plan for the creation of a single organizational unit to control the Metro
politan Atlanta Expressway System through planning, operation, and enforcement of traffic laws. The plan shall include the following:

(1) the coordination of the enforcement of traffic laws on the system by both the law enforcement agencies and the traffic courts with jurisdiction over all or parts of the system.
(2) the establishment of the elements of such a plan and the priorities with which the elements should be carried out.
(3) the cost of each element of the plan.

(4) the means to achieve the merger of law enforcement, high way engineering and education of the driving public into a single team effort to gain the maximum use from the system and the public investment therein.

BE IT FURTHER RESOLVED that the legislative members of the Committee shall receive the expenses and allowances provided by law for legislative members of interim legislative committees but shall re ceive the same for not more than 20 days unless additional days are authorized by the Speaker and the President of the Senate. The funds necessary to pay such expenses and allowances and to carry out the provisions of this resolution shall come from funds appropriated to or available to the legislative branch of government.

BE IT FURTHER RESOLVED that the Commission shall make a report of its findings and recommendations on or before the date the General Assembly convenes in regular session in 1976.

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

On the adoption of the Resolution, by substitute, the ayes were 92, nays 1.

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

HB 257. By Representatives Buck of the 95th and Howard of the 19th:
A Bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to change the amount to be received by the Fund from

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JOURNAL OF THE HOUSE,

certain fines and bond forfeitures; to change the provisions relating to benefits; and for other purposes.

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

On the passage of the Bill, the ayes were 99, nays 0.

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

The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:

HB 528. By Representative Knight of the 67th:
A Bill to amend the Code of Georgia relating to interest charges for income tax to be paid by the taxpayer; and for other purposes.

The following Senate amendment was read:

Senate moves to amend HB 528 by deleting Section 9 in its entirety and inserting a new Section 9 to read as follows: "Section 9. This Act shall become effective upon its approval by the Governor or its otherwise becoming law, and shall apply to all tax deficiencies outstanding and to all unpaid refunds existing on and after April 1,1975."

Representative Knight of the 67th moved that the House agree to the Senate amendment to HB 528.

On the motion, the ayes were 101, nays 2.

The motion prevailed and the Senate amendment to HB 528 was agreed to.

HB 527. By Representative Knight of the 67th:
A Bill to amend the Code of Georgia so as to reduce to 90 days the time within which taxes may be assessed or refunds claimed; and for other purposes.

The following Senate amendment was read:
The Senate offers the following amendment:
Amend HB 527 by striking on Page 1, lines 17 and 25 the word "ninety" and substituting in lieu thereof the words "one hundred-eighty".

WEDNESDAY, MARCH 19, 1975

3249

Representative Knight of the 67th moved that the House agree to the Senate amendment to HB 527.

On the motion, the ayes were 96, nays 0.

The motion prevailed and the Senate amendment to HB 527 was agreed to.

HB 15. By Representatives Buck of the 95th and Ross of the 76th:
A Bill to amend an Act establishing the Teachers' Retirement System so as to change the provisions relative to retirement benefits; to provide that any member who retired with 35 or more years of creditable service whose retirement benefit was reduced because of his age having been less than the normal age of retirement in effect at the time he retired shall be entitled to an adjusted retirement; and for other purposes.

The following Senate amendment was read:
The Senate offers the following amendment:
Amend HB 15 on Page 1, line 10, by inserting in the title following the word "factor", the following:
"; to provide an effective date", and
By renumbering Section 2 as Section 3, and
By inserting a new Section 2 to read as follows:
"Section 2. This Act shall become effective when funds are ap propriated or otherwise are available to carry out the purposes and provisions of this Act."

Representative Buck of the 95th moved that the House agree to the Senate amendment to HB 15.

On the motion, the ayes were 100, nays 0.

The motion prevailed and the Senate amendment to HB 15 was agreed to.

HB 268. By Representatives Thompson of the 93rd, Foster and Cole of the 6th and Leonard of the 3rd:
A Bill to amend an Act fixing the salaries of the judges of the superior courts so as to provide' that secretaries employed by judges of the

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JOURNAL OF THE HOUSE,

superior courts and district attorneys shall be employees of the judicial branch of State governemnt; and for other purposes.

The following Senate amendment was read:
Senate moves to amend HB 268 as follows:
By inserting in the title, following the word "that" on line 5 of page 1, the following:
"certain".
By inserting in the title, following the word "secretaries" on line 10 of page 1, the following:
"; to provide for the reimbursement of certain counties for amounts paid as compensation to certain secretaries; to provide for elections; to provide for consent; to provide for notices; to provide for procedures; to provide for supplements".
By renumbering Sections 3, 4 and 5 as Sections 5, 6 and 7, re spectively.
By adding, following Section 2, a new Section 3, to read as follows:
"Section 3. Said Act is further amended by adding, following Section 1C, a new Section ID, to read as follows:
'Section ID. In lieu of hiring a secretary under the provisions of Sections IB or 1C of this Act, each superior court judge and district attorney, with the written consent of the governing authority of any county or counties within his judicial circuit, may employ a secretary, who shall be an employee of the county which pays the compensation of such secretary and in which the governing authority has given its consent to compensate such secretary. Upon employing such secretary, it shall be the duty of the judge or district attorney to notify the Director of the Fiscal Division of the Department of Administrative Services of such fact and the amount of the compensa tion to be paid to such secretary. It shall be the further duty of such judge or district attorney to notify the Director of any change in the status or compensation of such secretary. The Director of the Fiscal Division of the Department of Administrative Services shall reimburse the county or counties paying such compensation, from funds appropriated or otherwise available for the operation of the superior courts, for the compensation paid to such secretary plus any employer contribution paid for such secretary under the Act of Congress, approved August 14, 1935, 49 Stat. 620, known as the "Social Security Act", as the same may now or hereafter be amended, but such payments shall not exceed the maximum amount payable directly to or for a secretary under the provisions of Section IB or Section 1C of this Act.' ".

WEDNESDAY, MARCH 19, 1975

3251

By adding, following Section 3, a new Section 4, to read as follows:

"Section 4. Said Act is further amended by adding, following Section ID, a new Section IE, to read as follows:

'Section IE. Any provision of law to the contrary notwithstand ing, each county within this State is hereby authorized to supplement the compensation of any secretary employed by any judge of the superior court or district attorney, including those secretaries em ployed by or paid from the funds of the State.' ".

Representative Thompson of the 93rd moved that the House agree to the Senate amendment to HB 268.

On the motion, the ayes were 95, nays 2.

The motion prevailed and the Senate amendment to HB 268 was agreed to.

HB 376. By Representatives McDonald of the 12th, Smith of the 78th and Hutchinson of the 133rd:
A Bill to amend the Executive Reorganization Act of 1972 so as to authorize the Department of Public Safety to exercise jurisdiction over safety of motor vehicles and over the drivers of motor vehicles operating as motor contract carriers or motor common carriers; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, so as to transfer certain functions, powers, duties and authority from the De partment of Public Safety to the Publice Service Commission; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, is hereby amended by striking Section 1604, which reads as follows:
"Section 1604. Additional Functions Transferred to Department. The functions of the Public Service Commission relating to the per formance of safety inspections of motor vehicles pursuant to Ga. L. 1931, Ex. Sess, pp. 99, 111 and Ga. L. 1931, pp. 199, 209 (Ga. Code Ann. sec. 68-251 (a), 68-627(a)), are transferred to the Depart-

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JOURNAL OF THE HOUSE,
ment of Public Safety. The Public Service Commission shall retain the responsibility for establishing inspection criteria for vehicles sub ject to its regulation. Unless inconsistent with this Act, any reference in Georgia Laws to the Public Service Commission relating to the performance of its vehicle safety inspection functions means the Department of Public Safety.",
in its entirety.
Section 2. Said Act is further amended by adding, preceding Sec tion 1605, a new Section 1604.1, to read as follows:
"Section 1604.1. Functions Retransferred to the Public Service Commission. The functions of the Public Service Commission relating to the performance of safety inspections on motor vehicles pursuant to Ga. Laws 1931, Ex. Sess., p. 99, and Ga. Laws 1931, p. 199, which were transferred to the Department of Public Safety under the pro visions of Section 1604 of the Executive Reorganization Act of 1972, are hereby retransferred to the Public Service Commission. Such functions shall be performed by the Public Service Commission. The Public Service Commission shall retain the responsibility for establishing inspection criteria for vehicles subject to its regulation. Any reference in Georgia laws to the Public Service Commission re lating to the performance of its vehicle safety inspection functions means the Public Service Commission."
Section 3. All laws and part of laws in conflict with this Act are hereby repealed.

Representative McDonald of the 12th moved that the House disagree to the Senate substitute to HB 376.

The motion prevailed and the Senate substitute to HB 376 was disagreed to.

HB 971. By Representatives Burruss of the 21st, Waddle of the 113th and others:
A Bill to revise and codify the practice of professional engineering and the practice of land surveying; and for other purposes.

The following Senate amendments were read:
Senate amendment No. 1. Senate moves to amend HB 971 as follows:
By striking lines 7 and 8 of page 5, and substituting in lieu thereof the following:
"and one Land Surveyor, who shall not be a Professional Engi neer. The Governor shall appoint the members of the Board for terms of five years from among nominees".

WEDNESDAY, MARCH 19, 1975

3253

Senate Amendment No. 2:
Senate moves to amend HB 971 by striking on Page 10, line 9, the material beginning with " (c)" and ending with the word "or" on Page 10, line 18,

and

By renumbering subsection (d) as subsection (c),
and
By striking on Page 11, line 17, the material beginning with "(c)" and ending with the word "or" on Page 11, line 27,
and
By renumbering subsections (d) and (e) as subsections (c) and (d), respectively,
and
By inserting on Page 24, between lines 1 and 2, the following:
"(4) Officers and employees of the Department of Transporta tion, except as required by the Georgia Code of Public Transportation, while engaged within this State in the practice of professional engineering or land surveying for said Department.",
and
By striking on Page 24, line 20, the words "exterior property lines", and substituting in lieu thereof the words "property lines of adjoining property owners".

Representative Burruss of the 21st moved that the House disagree to Senate amendment No. 1 and agree to Senate amendment No. 2 to HB 971.

On the motion, the ayes were 94, nays 0.

The motion prevailed.

HB 580. By Representative Murphy of the 18th:
A Bill to amend the Georgia Residential Finance Agency Act, so as to change the membership of the Authority; and for other purposes.

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The following Senate substitute was read:

A BILL

To be entitled an Act to amend an Act known as the "Georgia Resi dential Finance Agency" Act, approved March 26, 1974 (Ga. Laws 1974, p. 975; Ga. Code Chap. 99-36), so as to change the membership of the Authority created thereby and to change, clarify, delete and add certain terms thereto for the purpose of perfecting the statutory scheme and insuring its constitutionality before bond issuance thereunder: specifi cally, to change the name of said Act and the instrumentality created thereby from "Georgia Residential Finance Agency" lo "Georgia Resi dential Finance Authority"; to provide specific authorization for a "loanto-lenders" program whereby the Authority could lend funds to lending institutions for relending to eligible persons seeking to purchase homes; to include the term "note" within the definition of the term "bond" for certain purposes; to set forth certain criteria to limit the Authority's discretion and to assist the Authority in the establishment of its guidelines and procedures for the determination of persons and families eligible to benefit from Authority funds; to replace the terms "housing development" and "housing project" with the term "residential housing" and to add a definition of the term "real property"; to redefine the Authority created by said Act in order to make explicit the nature of such Authority as a public authority and to distinguish it clearly from a governmental agency; to reduce the membership of the Authority from 9 to 7 members; to provide for the effect of actions taken by the Authority prior to con firmation by the Senate of the appointment of a public member; to allow the Authority to invest proceeds from the sale of its bonds in obligations of, or guaranteed by, the United States and certain specifically designated agencies of the United States maturing up to 24 months after the date of purchase; to allow the Authority to invest monies held in reserve funds in obligations of, or guaranteed by, the United States and certain specifi cally designated agencies of the United States maturing up to 24 months after the date of purchase; to allow the Authority to invest monies held in sinking funds in obligations of or guaranteed by the United States, and certain specifically designated agencies of the United States so long as such obligations mature within 12 months of the date of purchase; to clarify the Authority's ability to enter into agreements; to regulate the planning, development and management of residential housing under taken by qualified housing sponsors; to insure that the Authority will be eligible for Federal monies available under the Federal Housing Com munity Development Act of 1974; to establish certain statutory criteria or considerations to govern the exercise of administrative discretion by the Authority, particularly in determining the eligibility of persons or families for the benefits of the Act and the rents, purchase prices and interest rates to be charged in various programs of the Authority; to set forth specific statutory authorization and provisions relative to loans by the Authority to lending institutions; to make clear that no financing authorized under this Act will be utilized on housing outside this State; to specify that the statutory maximum on the amount of Authority bonds outstanding is not a contractual right and can be altered by statute; to clarify reference to trust indentures; to clarify the relationship of said Act to the Georgia Revenue Bond Laws (Ga. Laws 1937, pp. 761-774); to provide for venue and trial court jurisdiction in Fulton County in Authority bond validation proceedings; to authorize the issuance of bond

WEDNESDAY, MARCH 19, 1975

3255

anticipation notes under certain conditions; to require bonds issued by the Authority to contain recitals that such bonds do not obligate the State of Georgia; to allow the Authority to accept and utilize State ap propriations or funds from any source; to provide for a minimum per centage of each bond issue to be placed in a capital reserve fund; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. An Act now known as the "Georgia Residential Finance Agency Act", approved March 26, 1974 (Ga. Laws 1974, p. 975; Ga. Code Chap. 99-36), is hereby amended by striking the words "Georgia Residential Finance Agency" from the title of said Act, from the pre amble thereto, and from every Section of said Act in which such words appear, and by inserting in lieu thereof the words, "Georgia Residential Finance Authority".

Section 2. Said Act is hereby further amended by striking the period at the end of subparagraph (a) (4) of Section 2 and inserting in lieu thereof a semicolon, and by adding to such Section 2, between present subparagraph (a) (4) and the concluding paragraph of subsection 2(a), a new subparagraph (a) (5) to read as follows:

"(5) that in order to inject funds into lending institutions to facilitate the making of loans to families and persons of low and moderate income for the purchase of homes, cooperative apartments and condominiums, provisions should be made for loans at low inter est rates to lending institutions for the making of mortgage loans to low and moderate income families and the purchasing of mortgage loans from lending institutions upon the condition that the proceeds from such purchases be used to make mortgage loans to families and persons of low and moderate income."

Section 3. Said Act is hereby further amended by adding the follow ing sentence to the end of subsection 3 (b) thereof:

"Wherever the words 'bond' or 'bonds' appear in Sections 9, 11, 12 and 13 of this Act, they shall be deemed to include the words 'note' or 'notes' as defined is subsection (1) of this Section."

Section 4. Said Act is hereby further amended by striking from subparagraph (d) (1) of Section 3 thereof the phrase "set by the Author ity in its rules; or", and inserting in lieu thereof the phrase: "established by the Authority in administrative guidelines and procedures established pursuant to the criteria set forth in Section 6(c) of this Act".

Section 5. Said Act is hereby amended by striking from subpara graph (d) (2) of Section 3 thereof the phrase "as determined by the rules of the Authority", and inserting in lieu thereof the phrase: "as determined
by the administrative guidelines and procedures of the Authority estab lished pursuant to the criteria set forth in Section 6(c) of this Act".

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Section 6. Said Act is hereby amended by striking from subparagraph (d) (3) of Section 3 thereof the phrase "as determined by the rules of the Authority", and inserting in lieu thereof the phrase: "as determined by the administrative guidelines and procedures of the Au thority established pursuant to the criteria set forth in Section 6(c) of this Act".

Section 7. Said Act is hereby further amended by striking subsections 3(g) and 3(h) thereof in their entirety, and inserting in lieu thereof the following language:

" (g) 'Real Property' shall mean all lands, franchises and inter ests in land, including lands under water and riparian rights, space rights and air rights, and any and all other things usually included within said term, and shall include any and all interests in such property less than full title, such as easements, incorporeal heredita ments and every estate, interest or right, legal or equitable, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens;

(h) 'Residential Housing' means a specific work or improvement within Georgia undertaken primarily to provide dwelling accommo dations for eligible persons and families, including the acquisition, construction or rehabilitation of real property, buildings and im provements thereto and such community facilities as may be inci dental or appurtenant thereto."
Section 8. Said Act is hereby further amended by striking the words "housing development" and "housing project" from every Section of said Act in which such words appear, and by inserting in lieu thereof the words, "residential housing".
Section 9. Said Act is hereby further amended by striking from subsection 3(k) thereof the last sentence in its entirety.

Section 10. Said Act is hereby further amended by striking the period at the end of subsection 3(m) and by adding after the word "families" the following phrase: "upon such terms and in conformity with administrative guidelines established by the Authority."

Section 11. Said Act is hereby further amended by striking Section 4 thereof in its entirety, and inserting in lieu thereof the following language:
"Section 4. Creation and Organization. There is hereby created a public authority, a body corporate and politic to be known as the Georgia Residential Finance Authority, which shall be deemed an instrumentality of the State of Georgia and a public corporation."

Section 12. Said Act is hereby further amended by striking sub section (a) of Section 5 thereof in its entirety, and inserting in lieu thereof a new subsection (a) of Section 5 to read as follows:

WEDNESDAY, MARCH 19, 1975

3257

"(a) Members of the Authority. The Authority shall be com posed of seven members as follows: four permanent members who shall be (1) the Governor, or in the event he is unable to attend a meeting, the Director of the Office of Planning and Budget; (2) the State Auditor; (3) the Director of the Financing and Investment Division of the Georgia State Financing and Investment Commis sion; (4) the Commissioner of the Department of Community De velopment; and three public members to be appointed by the Gov ernor and confirmed by the Senate. A public member appointed while the General Assembly is not in session shall hold office until his appointment is confirmed or rejected by the Senate. Any actions taken by the Authority in which a public member participates, prior to the confirmation or rejection of his appointment by the Senate, shall be of the same effect as if the public member had been confirmed prior to the time the action was taken. One of the public members shall be a representative of the home-building industry, one shall be a representative of the mortgage lending industry and one shall be a representative of the legal profession experienced in the field of real state law. The three public members shall not be residents of the same Congressional District. At least one of the public members shall reside outside of the Standard Metropolitan Statistical Areas of the State. One of the public members shall be appointed for an initial term of two years, one shall be appointed for an initial term of three years and one shall be appointed for an initial term of four 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 ap point 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 Authority may appoint an Executive Director, who shall be a person experienced in mortgage lending, home building or real estate development. 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 per formance of the powers and duties of the Authority. A majority of 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. Whenever a permanent ex officio member of the Authority is unable to attend a meeting, he may designate in writing his Deputy to attend that meeting and act in his stead. No vacancy in the Au thority 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 ex
penses incurred, for each day's service spent in the performance of the
duties of the Authority; provided, however, such compensation shall
be limited to 30 days during any one fiscal year, unless one of the
public members is elected Chairman, in which event such compensa
tion shall be limited to 100 days during any one fiscal year. The

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permanent members shall be reimbursed for actual expenses incurred in the performance of their duties under this Act."

Section 13. Said Act is hereby further amended by striking the period at the end of subparagraph (a) (12) of Section 6 thereof, and in serting a semicolon in lieu thereof.

Section 14. Said Act is hereby further amended by striking sub-
paragraph (a) (14) of Section 6 thereof in its entirety, and inserting in lieu thereof the following language:

"(14) subject to any agreement with bondholders, to invest monies of the Authority not required for immediate use to carry out the purposes of this Act, including the proceeds from the sale of any bonds and any monies held in reserve funds, in temporary or nonpurpose obligations maturing no longer than 24 months from the date of purchase. Such temporary or nonpurpose investments by the Authority shall be limited to general obligations of the United States or of subsidiary corporations of the United States Government fully guaranteed by such government, or obligations issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank and Central Bank for Cooperatives, and no other. Income earned on any such investments shall be retained by the Authority and used to purchase and retire any debt, or any bonds or obligations issued by the Authority and may be used to pay operating expenses of the Authority."

Section 15. Said Act is hereby further amended by striking the words "reserve or" from subparagraph (a) (16) of Section 6 thereof, and by inserting the words "or by an agency of the United States specified in subparagraph (a) (14) of this Section" between the word "States" and the comma before the word "maturing" in subparagraph (a) (16) of Section 6.

Section 16. Said Act is hereby further amended by striking subparagraph (a) (17) of Section 6 thereof in its entirety and inserting in lieu thereof the following language:

"(17) to make, and contract to make, loans to lending institu tions on such terms and conditions as it shall determine and all lending institutions are authorized to borrow from the Authority in accordance with the provisions of Section 7(e) of this Act and the administrative guidelines established by the Authority pursuant to
criteria set forth in this Act."

Section 17. Said Act is hereby further amended by striking subparagraph (a) (18) of Section 6 thereof in its entirety and inserting in lieu thereof the following language:

"(18) to enter into agreements with qualified housing sponsors providing for regulation by the Authority of the planning, develop ment and management of any residential housing undertaken by such

WEDNESDAY, MARCH 19, 1975

3259

qualified housing sponsors and the disposition of the property and franchises of such qualified housing sponsors."

Section 18. Said Act is hereby further amended by inserting a comma and the phrase "and pursuant to the Housing Community De velopment Act of 1974" between the word "amended" and the semicolon at the end of subparagraph (a) (24) of Section 6 thereof.

Section 19. Said Act is hereby further amended by striking sub section 6(c) thereof in its entirety, and inserting in lieu thereof the following language:

"(c) The Authority shall establish administrative guidelines as to limitations for eligible persons and families for the purposes of Section 3(d) of this Act in accordance with the following considera tions :

(1) the amount of total income of such persons and families available for housing needs;

(2) the size of the family;

(3) the conditions and costs of obtaining and maintaining exist ing and available housing facilities;

(4) the costs of obtaining and maintaining newly constructed housing facilities, including considerations of the total development costs of such housing and the costs of financing such housing as affected by prevailing and available financing terms and conditions relating to nonfederally aided and nonstate aided mortgages."

Section 20. Said Act is hereby further amended by adding the phrase "in the State of Georgia" in the first sentence of subsection 7 (a) thereof between the word "housing" (formerly "developments") and the word "as" and between the word "housing" and words "for eligible".

Section 21. Said Act is hereby further amended by striking subsec tion 7(d) thereof in its entirety, and inserting in lieu thereof the following language:

"(d) For the purposes of carrying out the provisions of this Section, the Authority shall establish administrative guidelines and procedures for determining the eligibility of occupants and rental or carrying charges, including guidelines and procedures with respect to periodic review of occupant incomes and periodic adjustment of rental or carrying charges, in accordance with the criteria set forth
in Section 6(c) of this Act."

Section 22. Said Act is hereby further amended by renumbering present subsection 6(e) thereof as a new subsection 6(f), and inserting a new subsection 6(e) to read as follows:

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"(e) The Authority may make, and contract to make, loans to lending institutions on such terms and conditions as it shall determine in accordance with the following criteria, and all lending institutions are authorized to borrow from the Authority in accordance with ad ministrative guidelines of the Authority established pursuant to the following criteria:

(1) The Authority shall require that each lending institution receiving a loan pursuant to this subsection shall issue and deliver to the Authority an evidence of its indebtedness to the Authority which shall constitute a general obligation of such lending institution and shall bear such date or dates, shall mature at such time or times, shall be subject to prepayment, and shall contain such other pro visions consistent with this Section, as the Authority shall determine.

(2) Notwithstanding any other provision of this Section to the contrary, the interest rate or rates and other terms of loans to lend ing institutions made from the proceeds of any issue of bonds or notes of the Authority shall be at least sufficient to assure the pay ment of said bonds or notes and the interest thereon as the same become due.
(3) The Authority shall require that loans to lending institutions made pursuant to this Section shall be secured as to payment of both principal and interest by a pledge of collateral security in such amounts as the Authority shall determine to be necessary to assure the payment of such loans and the interest thereon as the same become due. Such collateral security shall consist of (A) obligations of or guaranteed by the United States of America; (B) obligations of any of the following: Bank for Cooperatives, Federal Intermediate Credit Bank, Federal Home Loan Bank System, Export-Import Bank, Federal Land Banks, Federal National Mortgage Association or the Government National Mortgage Association; (C) obligations of the State or any municipality therein; (D) mortgages insured by the Federal Housing Administration or guaranteed by the Veterans Administration and such other mortgages insured or guaranteed by the Federal government or by a private insurer as to payment of principal and interest as shall be approved by the Authority; or (E) conventional mortgages approved by the Authority.

(4) The Authority may require that collateral for loans be deposited with a bank, trust company or other financial institution acceptable to the Authority located in the State and designated by the Authority as custodian therefor. In the absence of such require ment, each lending institution shall enter into an agreement with the Authority containing such provisions as the Authority shall deem necessary to (A) adequately identify and maintain such collateral, (B) service such collateral, and (C) require the lending institution to hold such collateral as an agent for the Authority and be account able to the Authority as the trustee of an express trust for the application and disposition thereof and the income therefrom. The Authority may also establish such additional requirements as it shall deem necessary with respect to the pledging, assigning, setting aside, or holding of such collateral and the making of substitutions therefor

WEDNESDAY, MARCH 19, 1975

3261

or additions thereto and the disposition of income and receipts there from.
(5) The Authority shall require as a condition of each loan to a lending institution that such lending institution, within such period after receipt of the loan proceeds as the Authority may prescribe by regulation, shall have entered into written commitments to make, and, within such period thereafter as the authority may prescribe by regulation, shall have disbursed such loan proceeds in new resi dential mortgage loans to eligible persons and families in an ag gregate principal amount equal to the amount of such loan. Such new residential mortgage loans shall have such terms and conditions as the Authority may prescribe.
(6) The Authority shall require the submission to it by each lending institution to which the Authority has made a loan evidence satisfactory to the Authority of the making of new residential mortgage loans to eligible persons and families as required by this Section, and in connection therewith may, through its employees or agents, inspect the books and records of any such lending institution.

(7) The Authority may require as a condition of any loans to lending institutions such representations and warranties as it shall determine to be necessary to secure such loans and carry out the purposes of this Section.
(8) Compliance by any lending institution with the terms of its agreement with or undertaking to the Authority with respect to the making of any new residential mortgage loans to eligible persons and families may be enforced by decree of any court of competent jurisdiction. The Authority may require as a condition of any loan to any national banking association the consent of such association to the jurisdiction of courts of the State over any such proceeding. The Authority may also require, as a condition of any loan to a lend ing institution, agreement by such lending institution to the payment of penalties to the Authority for violation by the lending institution of its undertakings to the Authority, and such penalties shall be re coverable at the suit of the Authority.
(9) To the extent that any provisions of this subsection 7(e) may be inconsistent with any provision of law of the State governing the affairs of lending institutions, the provisions hereof shall control."

Section 23. Said Act is hereby further amended by adding to the end of subsection 9 (a) thereof the following language:

"The fixing of a statutory maximum in this Section shall not be construed as constituting a contract between the Authority and the holders of its bonds and notes that additional bonds and notes may not be issued subsequently by the Authority in the event that such statutory maximum shall subsequently be increased by law."

Section 24. Said Act is hereby further amended by striking from subsection 9(g) thereof the phrase "or the trust indenture hereinafter

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mentioned", and inserting in lieu thereof the following language: ", or as any trust indenture subject to which such bonds were issued,".

Section 25. Said Act is further amended by striking therefrom subsection 9(1) in its entirety, and inserting in lieu thereof the follow ing language:
"(1) All revenue bonds issued by the Authority under this Act shall be executed, confirmed and validated under, and in accordance with, the Revenue Bond Law of the State of Georgia (Ga. Laws 1937, pp. 761-774), as heretofore and hereafter amended, except as otherwise provided in this Act."

Section 26. Said Act is hereby further amended by adding a new subsection (o) to Section 9 thereof to read as follows:

"(o) The Venue for all bond validation proceedings pursuant to this Act shall be Fulton County and the Superior Court of Fulton County shall have exclusive trial court jurisdiction over such pro ceedings."
Section 27. Said Act is hereby further amended by inserting between Sections 9 and 10 thereof a new Section 9.1 to read as follows:

"Section 9.1. Bond Anticipation Notes. The Authority is au thorized to issue bond anticipation notes and may renew the same from time to time but the maximum maturity of such notes, including renewals thereof, shall not exceed five years from the date of issue of such original notes. Such notes shall be payable from any moneys of the Authority available therefor and not otherwise pledged or from the proceeds of sale of the bonds of the Authority in anticipa tion of which they were issued. The notes may be issued for any corporate purpose of the Authority. The notes shall be issued in the same manner as bonds and such notes and the resolution or resolu tions authorizing the same may contain any provisions, conditions or limitations, not inconsistent with the provisions of this Section, which bonds or a bond resolution of the Authority may contain. Such
notes may be sold at public or private sale. In case of default on its notes or violation of any obligations of the Authority to the note holders, the noteholders shall have all the remedies provided herein for bondholders. Such notes shall be as fully negotiable as the bonds of the Authority."

Section 28. Said Act is hereby further amended by striking the period at the end of Section 10 thereof, inserting in lieu thereof a comma and adding the following language:

"and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section: Provided, how ever, such funds as may be received from State appropriations or from any source are hereby declared to be available for, and may be used by, the Authority for the performance of any lease or contract

WEDNESDAY, MARCH 19, 1975

3263

entered into by the Authority or for the payment of any obligations of the Authority incurred pursuant to this Act."

Section 29. Said Act is hereby further amended by striking para graph (2) of subsection (a) of Section 12 in its entirety, and inserting in lieu thereof a new paragraph (2) of subsection (a) of Section 12 to read as follows:

"(2) any proceeds of sales of bonds to the extent provided in the resolution of the Authority authorizing the issuance thereof except that the amount under this paragraph shall not be less than 10% of such proceeds;".

Section 30. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. The Governor shall appoint the public members after the effective date of this Act, and those members together with the three permanent members of the reconstituted Authority shall take office on May 1, 1975.

Section 31. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Burruss of the 21st moved that the House disagree to the Senate substitute to HB 580.

The motion prevailed and the Senate substitute to HB 580 was disagreed to.

Representative Horton of the 43rd moved that the following Bill of the Senate be withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Industry:

SB 380. By Senator Holley of the 22nd:
A Bill to amend an Act known as the "Development Authorities Law", as amended, so as to provide a more effective mechanism whereby local com munities can stimulate economic growth and development; and for other purposes.

The motion prevailed and SB 380 was referred to the Committee on Industry.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 337. By Representatives Bolster of the 30th, Noble of the 48th, Foster of the 152nd and others:
A Bill to amend an Act.approved April 21, 1967, which provided grants to certain municipalities for specified purposes, so as to require certain

3264

JOURNAL OF THE HOUSE,

additional grants under certain circumstances to every municipality with population over 300,000; and for other purposes.

The following Senate amendment was read:
Senate moves to amend HB 337 as follows:
By striking Section 3A, and substituting the following new Section 3A in lieu thereof:
"Section 3A. No municipality shall receive any grant under this Act for a facility which has not been found and declared eligible under Section 2A within 2 years after this Act becomes law."

Representative Bolster of the 30th moved that the House agree to the Senate amendment to HB 337.

On the motion, the ayes were 92, nays 1.

The motion prevailed and the Senate amendment to HB 337 was agreed to.

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

SB 145. By Senators Holloway of the 22nd, Riley of'the 1st, Holloway of the 12th and others:
A Bill to amend Code Title 41A, relating to financial institutions, and known as the "Financial Institutions Code of Georgia" so as to clarify certain provisions; to correct technical and typographical errors; to re define certain terms.

The following amendment was read:

Representative Culpepper of the 98th moves to amend SB 145 as follows:
By adding in the title after the word and semicolon "cause;" on line 28 of page 2 the following:
"to provide for the dissenters' rights in the event of a change in control of a bank or trust company, and to provide methods and procedures in connection with said rights."
By renumbering Sections 27 through 50 as Sections 28 through 51 respectively.

WEDNESDAY, MARCH 19, 1975

3265

By inserting a new Section 27 to read as follows:

"Section 27. Said Code Title is further amended by striking Code Section 41A-2013 in its entirety and inserting a new Code Section 41A-2013 to read as follows:

'41A-2013. Change in Control, (a) Whenever a change occurs in the ownership or right to vote, the outstanding shares of any bank or trust company which will result in the control or a change in the control of the bank or trust company, the president or other officer of such bank or trust company shall, within ten days after knowledge thereof, report such facts to the Department and all shareholders. As used in this Section, the term "control" means the power to, di rectly or indirectly, direct or cause the direction of the management or policies of the institution. If there is any doubt as to whether a change in the ownership or voting rights of such shares is suf ficient to result in control thereof or to effect a change in the con trol thereof, such doubt shall be resolved in favor of reporting the facts to the Department and all shareholders.

(b) In the event the "control" of a bank or trust company as defined in 41A-2013 (a) passes to another financial institution, bank holding company, or other corporation; or the accumulated acquisi tion of 25% or more of the shares of any bank or trust company by any financial institution, bank holding company or other corporation, such accumulated acquisition or change in "control" shall vest in any shareholder the right, within 30 days after notice of the foregoing, to demand for his shares fair value, which is defined as the highest price per share paid to any other shareholder in the process of acquiring "control", or 25% of said shares as provided above.

(c) Such dissenting shareholder, at his sole option, shall be authorized to accept as payment for his bank shares cash money of of the United States, or any securities acceptable to him which may be legally used in acquiring such control. Payment shall be made to said shareholder within 60 days after demand.

(d) In the alternative, at the sole option of the dissenting shareholders, the fair price for such shares shall be determined by arbitration as provided under Code Title 7, relating to arbitration and award.' "

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

Those voting in the affirmative were Representatives:

Adams, John Adams, Marvin Bailey Banks Bolster

Bray Carter Castleberry Childers Clark, L.

Crawford Culpepper Dover Ham Harris, B. B.

3266
Harris, J. F. Hays Howard Hudson Hutchinson Irvin, J. Irwin Johnson, R. Johnson, W. R. Karrh King Kreeger

JOURNAL OF THE HOUSE,

Lane, Dick Larsen, W. W. Logan Matthews, D. R. McCollum McDonald Miles Nessmith Oxford Patten, G. C. Rainey

Russell, J. Russell, W. B. Smith, J. R. Smith, V. B. Snow Waddle Walker Wall Watson Williams Wilson

Those voting in the negative were Representatives:

Adams, G. D. Battle Beckham Berry Blackshear Brown Buck Burruss Calhoun Carlisle Carnes Carr Carrell Chance Clark, Betty Clifton Cole Coleman Collins Connell Cooper Cox Daugherty Davis Dean Dent Dixon Edwards, W. Egan Elliott Evans, W. D. Felton Foster, P. C.

Foster, R. L. Fraser Gignilliat Glanton Glover Greer Hamilton Hawkins Hill, B. L. Holmes Horton Irvin, R. Jackson Jessup Jones Keyton Kilgore Knight Lambert Lane, W. J. Larsen, G. K. Leggett Leonard Linder Long Lucas Mann Marcus McKinney Mostiler Mullinax Nix

Parkman Parrish Patten, R. L. Peters Petro Phillips, R. T. Pinkston Randall Ray Reaves Richardson Ross Rush Sams Scott Shanahan Sheats Smyre Stone Sweat Taggart Thomason Thompson Tolbert Townsend Triplett Tucker Twiggs Vaughn West Whitmire Williamson

Those not voting were Representatives:

Alexander Bargeron Baugh Beck

Bowman Burton Childs Colwell

Edwards, C. W. Evans, B. Gammage Harden

WEDNESDAY, MARCH 19, 1975

3267

Harris, J. G. Harrison Hatcher Hill, G. Howell Jordan Lee Matthews, C.

Milford Noble Owens Parham Phillips, L. L. Phillips, W. R. Sigman

Sizemore Toles Ware Wheeler White Wood Mr. Speaker

On the adoption of the amendment, the ayes were 49, nays 97.

The amendment was lost.

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

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

Those voting in the affirmative Were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Banks Battle Beckham
Berry Blackshear Bolster Bray Brown Buck Burruss Calhoun Carlisle Carnes Carr Carrell Carter Castleberry Chance Childers Clark, Betty Clark, L. Clifton Cole Coleman Collins

Connell Cooper Cox Crawford Culpepper Daugherty Davis Dean
Dixon Dover Edwards, W. Egan Elliott Evans, W. D. Pelton Foster, P. W. Foster, R. L. Fraser Gignilliat Glanton Glover Greer Ham Hamilton Harris, B. B. Harris, J. F. Hawkins Hays Hill, B. L. Hill, G.

Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R.
Irwin Baugh Jackson Jessup Johnson, R. Johnson, W. R. Jones Karrh Keyton Kilgore King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Linder

3268
Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald McKinney Miles Milford Mostiler Mullinax Nessmith Nix Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters

JOURNAL OF THE HOUSE,

Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Ray Reaves Richardson Ross Rush Russell, J. Russell, W. B. Scott Shanahan Sheats Sigman Smith, J. R. Smith, V. B. Smyre Snow

Stone Sweat Taggart Thompson Tolbert Townsend Triplett Tucker Vaughn Waddle Walker Wall Ware Watson West White Whitmire Williams Williamson Wilson

Those not voting were Representatives:

Bargeron Baugh Beck Bowman Burton Childs Colwell Dent Edwards, C. W.

Evans, B. Gammage Harden Harris, J. G. Harrison Hatcher Jordan Matthews, C. Noble

Owens Sams Sizemore Thomason Toles Twiggs Wheeler Wood Mr. Speaker

On the passage of the Bill, the ayes were 153, nays 0.

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

Representative Jordan of the 58th asked that the Journal record that he abstained from voting on the passage of SB 145 pursuant to Rule 195 of the House.

SB 31. By Senator Fincher of the 54th:
A Bill to amend Code Section 79A-703, relating to the illegal selling, giving away, bartering, exchanging, distribution or possession of danger ous drugs, as amended, so as to provide certain conditions relative to the distribution of dangerous drugs by a manufacturer's sales representative to a practitioner.

An amendment, offered by Representative Petro of the 46th, was read and lost.

WEDNESDAY, MARCH 19, 1975

3269

The report of the Committee, which was favorable to the 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 Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Battle Baugh Berry
Blackshear Bray Brown Buck Burton Calhoun Carnes Carr Carrell Carter Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman Connell Cooper Cox Crawford Culpepper Daugherty Davis Dent Dixon Dover Edwards, C. W. Edwards, W. Elliott Evans, W. D. Foster, P. W. Foster, R. L. Glanton Ham Hamilton

Harden Harris, B. B. Harris, J. F. Harrison Hays Hill, B. L. Hill, G. Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R.
Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee Leggett Leonard Linder Logan Long 'Mann Marcus Matthews, D. R. McCollum Miles Milford Mostiler Mullinax Nessmith

Nix Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters Petro Phillips, L, L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Ray Reaves Richardson Ross Rush Russell, J. Scott Sigman Smith, J. R. Smith, V. B. Smyre , Snow Stone Sweat Thomason Tolbert Towsend Tucker Vaughn Waddle Walker Wall Ware Watson West White Whitmire Williamson Wilson Wood

3270

JOURNAL OP THE HOUSE,

Those voting in the negative were Representatives:

Dean Hawkins

Larsen, G. K. McDonald

Thompson

Those not voting were Representatives:

Banks Bargeron Beck Beckham
Bolster Bowman
Burruss Carlisle
Collins Colwell Egan
Evans, B. Felton

Fraser Gammage Gignilliat Glover
Greer Harris, J. G.
Hatcher Knight
Lucas Matthews, C. McKinney
Randall

Russell, W. B. Sams Shanahan Sheats
Sizemore Taggart
Toles Triplett
Twiggs Wheeler Williams
Mr. Speaker

On the passage of the Bill, the ayes were 138, nays 5.

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

HB 872. By Representative Rainey of the 135th:
A Bill to provide for the regulation of the importation, transportation, sale or possession of wild animals; to define certain terms; to provide for the authority of the Board of Natural Resources; to provide for the issuance of licenses and permits; and for other purposes.

The following amendment was read and adopted:
The Committee on Game, Pish and Recreation moves to amend HB 872 as follows:
To add a new subsection (d) to Section 3 thereof to read as follows:
" (d) No permit shall be required for a common carrier, regu lated either by the Interstate Commerce Commission, the Civil Aero nautics Boards or the Public Service Commission, to import or transport any wild animal. Provided, however, that a permit is re quired for any person who orders or requests any wild animal to be imported or transported by any such common carrier."

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

WEDNESDAY, MARCH 19, 1975

3271

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 Representatives:

Adams, G. D. Adams, John Alexander Bailey Battle Baugh Berry Blackshear Bolster Brown Buck Burruss Burton Carnes Carr Carrell Carter Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman Colwell Connell Cooper Cox Crawford Culpepper Daugherty Dean Dixon Dover Edwards, C. W. Edwards, W. Elliott
Evans, W. D.
Foster, R. L.
Gignilliat
Glanton
Glover
Ham
Hamilton
Harden
Harris, B. B.

Harris, J. F. Harrison Hawkins Hays Hill, B. L. Hill, G. Holmes Horton Howard Howell Hudson Hutchinson Irvin, R. Irwin Jackson Jessup Johnson, R. Jones Jordan Karrh Keyton Kilgore King Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Linder Logan Long Lucas Mann Marcus Matthews, D. R. McCollum
McKinney
Miles
Milford
Mostiler
Mullinax
Nessmith
Nix
Noble
Owens

Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Ray Reaves Richardson Rush Russell, J. Russell, W. B. Scott Shanahan Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Thomason Thompson Tolbert Tucker Twiggs Vaughn Waddle Walker
Wall
Ware
Watson
West
Whitmire
Williams
Williamson
Wilson
Wood

3272

JOURNAL OF THE HOUSE,

Those not voting were Representatives:

Adams, Marvin Banks Bargeron Beck Beckham Bowman Bray Calhoun Carlisle Collins Davis Dent

Egan Evans, B. Felton Foster, P. W. Fraser Gammage Greer Harris, J. G. Hatcher Irvin, J. Johnson, W. R. Knight

Lambert Matthews, C. McDonald Ross Sams Taggart Toles Townsend Triplett Wheeler White Mr. Speaker

On the passage of the Bill, as amended, the ayes were 144, nays 0.

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

HB 939. By Representative Rainey of the 135th:
A Bill to amend an Act revising, consolidating and superseding the laws of this State relative to game and fish so as to make it unlawful for any person who is required to have on his person any license issued under the provisions of said Act to refuse to allow the inspection of such license by Conservation Rangers of the Department of Natural Resources; and for other purposes.

The report of the Committee, which was favorable to the 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 Representatives:

Adams, G. D. Adams, John Alexander Bailey Battle Baugh Berry Bolster Brown Buck Carlisle Games Carr Carrell

Carter Castleberry Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman Colwell Connell Cooper Cox Crawford

Culpepper Daugherty Davis Dean Dixon Dover Edwards, C. W. Edwards, W. Egan Elliott Evans, W. D. Foster, P. W. Foster, R. L. Gignilliat

WEDNESDAY, MARCH 19, 1975

3273

Glanton Glover Greer Ham Hamilton Harden Harris, B. B. Harris, J. F. Harrison Hawkins Hays Hill, B. L. Hill, G. Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore King Kreeger Lane, Dick Larsen, G. K.

Larsen, W. W. Lee Leggett Leonard Linder Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald McKinney Milford Mostiler Mullinax Nessmith Nix Noble Owens Oxford Parham Parkman Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Ray

Reaves Richardson Ross Rush Russell, J. Russell, W. B. Scott Shanahan Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Thompson Tolbert Townsend Triplett Tucker Twiggs Vaughn Waddle Walker Wall Ware Watson White Whitmire Williams Williamson Wilson Wood

Those not voting were Representatives :

Adams, Marvin Banks Bargeron Beck Beckham Blackshear Bowman Bray Burruss Burton Calhoun

Chance Collins Dent Evans, B. Felton Fraser Gammage Harris, J. G. Hatcher Knight Lambert

Lane, W. J. Matthews, C. Miles Parrish Sams Taggart Thomason Toles West Wheeler Mr. Speaker

On the passage of the Bill, the ayes were 147, nays 0.

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

3274

JOURNAL OF THE HOUSE,

SB 194. By Senators Duncan of the 30th, Lester of the 23rd, Hudson of the 35th and others:
A Bill to amend Code Chapter 32-1, relating to the Board of Regents and the University System of Georgia, as amended, so as to provide for the instruction in essentials of the United States and State Constitu tions and the study of American institutions and ideals; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Chapter 32-1, relating to the Board of Regents and the University System of Georgia, in general, as amended, so as to provide that all colleges and universities sustained or in any manner supported by public funds shall give instruction in the history of the United States, and in the history of Georgia, and in the essentials of the United States Constitution and the Constitution of Georgia, and no undergraduate student in any college or university shall receive a certificate of graduation or a degree without successfully completing course work or previously passing a satisfactory examina tion on the history of the United States and the history of Georgia, and upon the provisions and principles of the United States Constitution and the Constitution of Georgia; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 32-1, relating to the Board of Regents and the University System of Georgia, in general, as amended, is hereby amended by adding at the end thereof a new Code Section, to be desig nated as Code Section 32-171; to read as follows:
"32-171. Instruction in essentials of United States and Georgia history and Constitutions. All colleges and universities sustained or in any manner supported by public funds shall give instruction in the history of the United States, and in the history of Georgia, and in the essentials of the United States Constitution and the Constitution of Georgia, and no undergraduate student in any college or university shall receive a certificate of graduation or a degree without successfully completing course work or previously passing a satisfactory examination on the history of the United States and the history of Georgia, and upon the provisions and principles of the United States Constitution and the Constitution of Georgia."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

WEDNESDAY, MARCH 19, 1975

3275

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 Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Battle Baugh Berry Bolster Bray Brown Burruss Burton Calhoun Carlisle Games Carr Carrell Carter Castleberry Chance Childers
Childs
Clark, Betty
Clark, L.
Cole
Collins
Colwell
Connell
Cooper
Cox
Culpepper
Daugherty
Davis
Dean
Dixon
Dover
Edwards, C. W.
Edwards, W.
Egan
Elliott
Felton
Foster, P. W.
Foster, R. L.
Gignilliat

Glanton Glover Greer Hamilton Harden Harris, B. B. Harris, J. F. Harrison Hawkins Hays Hill, B. L. Hill, G. Holmes Horton Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson Jessup
Johnson, R.
Johnson, W. R.
Jones
Jordan
Karrh
Keyton
Kilgore
Kreeger
Lambert
Lane, Dick
Larsen, G. K.
Lee
Leggett
Leonard
Linder
Logan
Long
Lucas
Mann
Marcus
Matthews, D. R.
McCollum
McKinney

Mostiler Mullinax Nessmith Nix Owens Oxford Parham Parkman Patten, G. C. Patten, R. L. Petro Phillips, R. T. Phillips, W. R. Pinkston Randall Ray Reaves Richardson Rush Russell, J. Russell, W. B. Shanahan
Sheats
Sigman
Smith, J. R.
Smith, V. B.
Smyre
Snow
Sweat
Thompson
Tolbert
Triplett
Vaughn
Waddle
Walker
Wall
Ware
Watson
West
Whitmire
Williams
Williamson
Wilson
Wood

3276

JOURNAL OF THE HOUSE,

Those voting in the negative were Representatives:

Clifton Coleman Evans, W. D. King

Larsen, W. W. Milford Phillips, L. L. Ross

Stone Tucker Twiggs

Those not voting were Representatives :

Banks Bargeron Beck Beckham Blackshear Bowman Buck Crawford Dent Evans, B. Fraser Gammage

Ham Harris, J. G. Hatcher Howard Knight Lane, W. J. Matthews, C. McDonald Miles Noble Parrish Peters

Rainey Sams Scott Sizemore Taggart Thomason Toles Townsend Wheeler White Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 134, nays 11.

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

Representative McKinney of the 35th arose to a point of personal privilege and addressed the House.

Representative Thompson of the 93rd arose to a point of personal privilege and addressed the House.

The Speaker announced the House in recess until 2:00 o'clock, P.M., this day.

AFTERNOON SESSION
The Speaker Pro Tern 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 583. By Representative Ham of the 80th: A Bill to amend an Act authorizing superior court clerks in certain counties to invest certain funds deposited in the registry of the court

WEDNESDAY, MARCH 19, 1975

3277

so as to authorize superior court clerks in all counties to invest certain funds deposited in the registry of the 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 91, nays 0.

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

HB 870. By Representatives Logan of the 62nd and Russell of the 64th:
A Bill to amend Code Section 92-6912, relating to county boards of equalization so as to change the method of selecting members of the county boards of equalization; to provide for filling vacancies; and for other purposes.

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

On the passage of the Bill, the ayes were 93, nays 0.

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

HB 883. By Representative Marcus of the 26th:
A Bill to amend Code Section 79A-702 relating to the definition of dangerous drugs so as to include certain dangerous drugs which have entered the market since February 1, 1972; and for other purposes.

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

On the passage of the Bill, the ayes were 98, nays. 0.

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

HB 940. By Representatives Keyton of the 143rd, Long of the 142nd, Reaves of the 147th and others:
A Bill to amend an Act known as the "Georgia Electrical Contractors Act" so as to provide for an extension of time relative to the issuance of a license without examination; to provide an effective date; and for other purposes.

3278

JOURNAL OP THE HOUSE,

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

On the passage of the Bill, the ayes were 97, nays 0.

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

Representative Williams of the 54th arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 211. By Senators Kennedy of the 4th and Traylor of the 3rd:
A Bill to repeal an Act creating the Groveland Lake Development Authority; to provide an effective date; and for other purposes.

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

On the passage of the Bill, the ayes were 114, nays 0.

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

The following Resolution of the House was read and adopted:

HR 354. By Representative Greer of the 43rd:
A RESOLUTION
Inviting Mr. John Moreu, Sir Thomas Lund, Prof. D.A. Oehling, Mr. Edouard Utudjian and Mr. Edward F. Shedlick to appear before the Georgia House of Representatives; and for other purposes.
WHEREAS, Atlanta has become a major travel destination for domestic and international visitors and convention delegates; and
WHEREAS, Atlanta is among four major convention cities in the United States, which have the honor of being visited by these key execu tives of international associations; and
WHEREAS, Mr. John Moreu of the Hague, The Netherlands, is Executive Director of the International Congress and Convention Asso-

WEDNESDAY, MARCH 19, 1975

3279

ciation which advises international association executives on convention sites and promotes attendance at international congresses; and

WHEREAS, Sir Thomas Lund of London, England, is Secretary General of the International Legal Aid Association which has members in 14 nations; and

WHEREAS, Prof. D. A. Oehling of Pamplona, Spain, is Secretary General of the International Association of Asthmology which has mem bers in 47 nations; and

WHEREAS, Mr. Edouard Utudjian of Paris, France, is Secretary General of the International Association of Asthmology which has memand Construction which has members in 22 nations; and

WHEREAS, Mr. Edward F. Shedlick is the Manager of the Inter national Conventions Program, United States Travel Service; and

WHEREAS, it is only fitting and proper that these distinguished officials be invited to appear before this Body.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby extend a cordial invi tation to Mr. John Moreu, Sir Thomas Lund, Prof. D.A. Oehling, Mr. Edouard Utudjian and Mr. Edward F. Shedlick to appear before this Body on March 19, 1975.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit appropriate copies of this resolution to these distinguished officials.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate insists on its amendments to the following Bill of the House, to-wit:

HB 579. By Rep. Rainey of the 135th:
A Bill to amend the Natural Resources Act of 1973 so as to authorize the Dept. of Natural Resources to contract for or provide itself necessary water transportation and essential services for its employees, other State employees, their families and other permanent residents of certain coastal islands.

The Senate has disagreed to the House substitute to the following Bill of the Senate, to-wit:

3280

JOURNAL OF THE HOUSE,

SB 72. By Senators Garrard of the 37th and Shapard of the 28th:
A Bill 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.

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

SB 144. By Senators Banks of the 17th, Ballard of the 45th, Lewis of the 21st and others:
A Bill to amend Code Title 27, relating to criminal procedure, as amended, so as to provide for discovery and inspection in criminal cases; to provide for orders; to provide for the inspection, copying and photo graphing of results of reports of physical or mental examinations and of scientific tests or experiments made in connection with the case, or copies thereof, within the possession, custody or control of the State's prosecuting attorney.

SB 400. By Senator Sutton of the 9th:
A Bill to amend Code Section 68A-1106 relating to riding in house trailers, so as to limit the provisions of said Section to towed house trailers.

SB 394. By Senators Dean of the 31st, Sutton of the 9th and Carter of the 14th:
A Bill to authorize the State Personnel Board to provide a health in surance plan for public school employees of the State of Georgia; to define certain terms; to provide for the contents of such health insurance plan and persons eligible to participate in such plan; to provide for exclusions.

SB 193. By Senators Riley of the 1st and McDowell of the 2nd:
A Bill to provide that all sales at retail of any alcoholic beverages, dis tilled spirits, malt beverages or wine shall be for cash only; to provide that it shall be unlawful for any retailer to barter, trade, exchange or swap any alcoholic beverages, distilled spirits, malt beverages or wine for any goods or services other than for cash.

The Senate adheres to its substitute and has appointed a Committee of Con ference on the following Bill of the House, to-wit:

HB 998. By Representatives Johnson and Thomason of the 8th:
A Bill to amend an Act placing the Sheriff, Clerk of the Superior Court, Tax Commissioner and Judge of the Probate Court of Cherokee County on a salary system in lieu of fees so as to change the provisions relative

WEDNESDAY, MARCH 19, 1975

3281

to the compensation of the deputies and clerical assistants of said officers.

The President appointed on the part of the Senate the following Senators: Langford of the 51st, Foster of the 50th, and Overby of the 49th:

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 267. By Senator Doss of the 52nd:
A Bill to amend an Act known as the "Insurance Premium Finance Company Act", as amended, so as to change the amount which may be charged in addition to the maximum charge on a premium finance company agreement; to charge the maximum service charge on a premium finance agreement; and for other purposes.

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

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

Those voting in the affirmative were Representatives:

Adams, John Bailey Baugh Bray
Carlisle Games Carr
Castleberry Childers Clark, L. Collins Cox Crawford
Davis

Harris, B. B. Hawkins Hill, G. Irvin, J.
Irwin Jessup Keyton
McCollum Miles Milford Mullinax Nessmith Oxford
Parham

Parrish Peters Petro Phillips, R. T.
Rainey Richardson Shanahan
Sigman Tolbert Townsend Waddle Ware Watson
Wood

Those voting in the negative were Representatives:

Adams, G. D. Adams, Marvin Alexander Banks Battle Beck Beckham

Blackshear Bolster Bowman Calhoun Carter Childs Clark, Betty

Clifton Cole Coleman Colwell Connell Cooper Culpepper

3282
Dean Dent Dixon Dover Edwards, C. W. Edwards, W. Egan Elliott Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Gignilliat Glanton Ham Harden Harris, J. F. Harrison Hill, B. L. Holmes Horton Howard Hudson Irvin, R.

JOURNAL OF THE HOUSE,

Jackson Johnson, R. Johnson, W. R.
Jones Karrh Kilgore Kreeger Lane, Dick Lane, W. J. Larsen, W. W. Lee Leggett Linder Long Mann Marcus Matthews, D. R. Mostiler Nix Noble Owens Parkman Patten, G. C. Patten, R. L. Phillips, W. R. Randall

Reaves Ross Rush Russell, J. Sams Scott Sheats Sizemore Smith, J. R. Smith, V. B. Smyre Stone Sweat Taggart Thomason Thompson Tucker Twiggs Vaughn Walker Wall West White Whitmire Williamson Wilson

Those not voting were Representatives:

Bargeron Berry Brown Buck Burruss Burton Carrell Chance Daugherty Gammage Glover Greer Hamilton

Harris, J. G. Hatcher Hays Howell Hutchinson Jordan King Knight Lambert Larsen, G. K. Leonard Logan Lucas

Matthews, C. McDonald McKinney Phillips, L. L. Pinkston Ray Russell, W. B. Snow Toles Triplett Wheeler Williams Mr. Speaker

On the passage of the Bill, the ayes were 42, nays 99.

The Bill, having failed to receive the requisite constitutional majority, was lost.
The Speaker assumed the Chair.

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:

WEDNESDAY, MARCH 19, 1975

3283

HB 1109. By Representatives Murphy of the 18th, Vaughn of the 57th, Connell of the 87th and others:
A Bill to amend an Act providing for grants to citizens of Georgia who are students attending colleges or universities in this State which are not branches of the University System of Georgia, approved April 14, 1971, so as to change the amount of such grants for certain students; and for other purposes.

Two amendments, offered by Representative Holmes of the 39th, were 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 Representatives:

Adams, G. D. Adams, John Battle Beck Beckham Berry Blackshear Bolster Bowman Bray Brown Buck Burruss Burton Calhoun Carlisle Carnes Carr Carter Castleberry Chance Childers Childs
Clark, Betty Clark, L. Clifton Cole Collins Colwell Connell Cooper Cox

Crawford Culpepper Daugherty Davis Dean Dent Dixon Dover Edwards, C. W. Edwards, W. Egan Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Gignilliat Glanton Glover Greer Ham Hamilton Harden
Harris, B. B. Harris, J. G. Harris, J. F. Harrison Hawkins Hill, B. L. Hill, G. Holmes Howard

'Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Karrh Keyton Kilgore King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Leggett Leonard Linder
Logan Long Lucas Mann Marcus Matthews, D. R. McDonald Miles Milford

3284
Mostiler Mullinax Nessmith Nix Noble Owens Oxford Parkman Parrish Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T. Ray Richardson

JOURNAL OF THE HOUSE,

Ross Rush
Russell, J. Russell, W. B. Scott Shanahan Sheats Sgman Sizemore Smith, V. B. Smyre Snow Stone Sweat Taggart Thomason Thompson

Tolbert Townsend Triplett Tucker Twiggs Vaughn Waddle Walker Wall Ware Watson White Whitmire Williamson Wilson Wood

Voting in the negative was Representative W. R. Phillips.

Those not voting Were Representatives:

Adams, Marvin Alexander Bailey Banks Bargeron Baugh Carrell Coleman Elliott Evans, B. Gammage

Hatcher Horton Jordan Knight Larsen, W. W. Lee Matthews, C. McCollum McKinney Parham Pinkston

Rainey Randall Reaves Sams Smith, J. R. Toles West Wheeler Williams Mr. Speaker

On the passage of the Bill, the ayes were 147, nays 1.

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

Representative Phillips of the 91st asked that the following explanation of his vote on HB 1109 appear in the Journal:

Though many students enjoy and make excellent use of the funds which the State makes available to those attending private colleges and universities in our State, I find two compelling reasons to oppose the continuation of those funds. First, I believe Paragraph XIV of Article I of Georgia's Constitution prohibits at least a portion of those funds from being used for this purpose. Second, the funds which are now used for defraying the cost of students at private colleges should be used in the operation of programs in behalf of all the people of our
State.

WEDNESDAY, MARCH 19, 1975

3285

Representatives Bailey of the 72nd and Reaves of the 147th each stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 1109. Each stated that, had he been present, he would have voted "aye" thereon.

HB 49. By Representatives Hamilton of the 31st and Egan of the 25th:
A Bill to amend Code Chapter 88-18, relating to Hospital Authorities, so as to authorize the State of Georgia to make grants to hospital au thorities; to provide that the Department of Human Resources shall administer such grants; and for other purposes.

The following amendments were read and adopted:
Representative Larsen of the 119th moves to amend HB 49 by striking "any" from line 13; by striking "Authority" from line 13 and by substituting in lieu thereof "Authorities"; by striking the last six words of line 14 and the first five words of line 15 and by substituting in lieu thereof the following: "provided that any funds so granted shall be distributed to and among the various public Hospital Authorities in the State in proportion to the number of hospital beds operated by each school hospital authority at the end of the calendar year preceding the grant."
Representative King of the 96th moves to amend HB 49 by adding, "Funds shall be distributed to public hospitals operated by consolidated governments in the same manner as to authority hospitals specified herein." Place after the Larsen amendment.

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 Representatives :

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Battle Baugh Beck Beckham Berry Blackshear Bolster Bray Brown

Buck Calhoun Carlisle Carnes Carr Carter Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton Cole

Coleman Collins Colwell Connell Cooper Culpepper Daugherty Dean Dixon Dover Edwards, C. W. Edwards, W. Egan Evans, W. D.

3286

JOURNAL OF THE HOUSE,

Felton Foster, P. W. Foster, R. L. Fraser Gignilliat Glover Greer Ham Hamilton
Harden Harris, B. B. Harris, J. G. Harris, J. F. Hatcher Hawkins Hays Hill, B. L. Hill, G. Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin
Jackson Jessup Johnson, R. Johnson, W. R.
Jones Karrh Keyton Kilgore King

Knight Kreeger Lambert Lane, Dick
Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Logan Long Lucas Mann Marcus Matthews, D. R. McKinney
Miles Milford Mostiler Mullinax Nessmith Nix Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T. Phillips, W. R.

Rainey Randall
Ray Reaves Richardson Ross Rush Russell, J. Russell, W. B. Shanahan Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Taggart Thomason Thompson Triplett Tucker Vaughn Waddle Walker Wall Ware Watson West Whitmire Williams Wilson Wood

Those voting in the negative were Representatives

Cox Crawford

Davis

Tolbert

Those not voting were Representatives:

Banks Bargeron Bowman Burruss Burton Carrell
Dent Elliott Evans, B.

Gammage Glanton Harrison Jordan Linder Matthews, C. McCollum McDonald Pinkston

Sams Scott Toles Town send Twiggs Wheeler White Williamson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 149, nays 4.

WEDNESDAY, MARCH 19, 1975

3287

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

HB 777. By Representatives Lambert of the 112th and Carlisle of the 71st:
A Bill to provide that it shall be unlawful for anyone other than a duly licensed attorney who is an active member in good standing of the State Bar of Georgia to accept a fee, money or other emuneration for con tacting in any manner the Director of Corrections and/or others in an attempt to influence the Director and/or others concerning a transfer of an inmate from one correctional institution to another; and for other purposes.

The following amendment was read:
Representatives Russell of the 53rd and Snow of the 1st move to amend HB 777 as follows:
By inserting in the title in line 14 on page 1 between the word and semicolon, "Board;" and the word, "to" the following:
"to provide that it shall be unlawful for members of the General Assembly or any other State elective or appointive official to accept a fee, money or other remuneration for contacting, in any manner, the Director of Corrections, any employee of the State Board of Corrections or any member of the State Board of Corrections for certain purposes; to provide for certain exceptions; to provide for penalties;".
By renumbering Sections 3 and 4 as Sections 4 and 5, respectively, and by adding a new Section 3 to read as follows:
"Section 3. (a) It shall be unlawful for members of the Gen eral Assembly or any other State elective or appointive official to accept a fee, money or other remuneration for contacting, in any manner, the Director of Corrections, any employee of the State Board of Corrections or any member of the State Board of Correc tions in an attempt to influence the Director, employee or Board member concerning a transfer of an inmate from one correctional institution to another or the status and assignment of an inmate within a correctional institution. Nothing herein shall be construed so as to prohibit:
(1) Members of the General Assembly, State elective or ap pointive officials from appearing before or contacting the Directors of Corrections, employees of the State Board of Corrections or members of the State Board of Corrections when their official duties require them to do so;
(2) Members of the General Assembly, State elective or ap pointive officials from requesting information from and presenting information to the Director of Corrections, employees of the State

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Board of Corrections or members of the State Board of Corrections on behalf of constitutents when no compensation, gift, favor or any
thing of value is accepted, either directly or indirectly, for such services.

(b) Nothing in this Section shall be construed to apply to the acceptance of compensation, expenses and allowances received by members of the General Assembly or any other State elective or appointive official for his duties as such member or official.

(c) Any person violating any of the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor."

The following amendments to the Russell and Snow amendment were read and adopted:
Representative Larsen of the 119th moves to amend the Russell and Snow amendment to HB 777 by adding a new sub-section immediately preceding the last four lines of said amendment as follows: "Nothing contained in this Act shall preclude any attorney from contacting a client who may be in a prison facility or from making any reasonable contact with employees of the Department of Corrections to the extent that such contract with employees may be necessary to contact such client."
Representative Walker of the 115th moves to amend the Snow and Russell amendment to HB 777 by adding a new Section to said amend ment to be 3.(a) (3) to read as follows:
"Nothing in this Section shall be construed to prevent any mem ber of the General Assembly or other State elective official from contacting the Director of Corrections, any employee of the State Board of Corrections, or any member of the State Board of Correc tions, on behalf of any person so long as there is no fee, money, or other remuneration being paid or received for said contacting."

The amendment, offered by Representatives Russell of the 53rd and Snow of the 1st, as amended, was adopted.

The following amendments were read and adopted:
Representative Jones of the 126th moves to amend HB 777 by add ing on page 1, line 20, after the word, "remuneration", "other than actual expenses" and on page 2, line 2, after the word, "remuneration", "other than actual expenses".
Representative Carlisle of the 71st moves to amend HB 777 by inserting on page 1, line 20, between the words, "remuneration" and "for" the words, "except actual expenses."

WEDNESDAY, MARCH 19, 1975

3289

An amendment, offered by Representatives Howard of the 19th and Karrh of the 106th, was read and withdrawn by unanimous consent.

The following amendments were read and adopted:
Representative Clark of the 55th moves to amend HB 777 by deleting on line 1, page 2 the words, "pays or".
Representative Howell of the 140th moves to amend HB 777 by adding on lines 2 and 18, after the word, "attorney" a comma, then the language, "provided the attorney is not a member of the General As sembly."
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 114, nays 2.

The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 123. By Senator Overby of the 49th:
A Bill to amend an Act known as the "Soil Conservation Districts Law", as amended, so as to provide that the Attorney General shall provide the only legal services required by the State Soil Conservation Com mittee; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 99, nays 1.

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

HB 391. By Representatives Lambert of the 112th and Carlisle of the 71st:
A Bill to amend Code Section 92-5902 of the Code of Georgia relating to tax returns by railroads and public utilities, so as to provide that said Code Section shall not be applicable to those persons or companies doing a water business; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act known as the General Tax Act approved March 28, 1935 (Ga. Laws 1935, pp. 11, 64), as amended,

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relating to tax returns by railroads and public utility companies, so as to provide that annual tax returns of companies doing a water business shall not be filed with the State Revenue Commissioner; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act known as the General Tax Act approved March 28, 1935 (Ga. Laws 1935, pp. 11, 64), as amended, relating to tax re turns by railroads and public utility companies, is hereby amended by striking from subsection 1 of Section 9 of said Act the word "water" so that when amended subsection 1 of Section 9 of said Act shall read as follows:

"Section 9. Railroads. Return, to Whom Made.
(1) Be it further enacted by the authority aforesaid, that all railroad companies, street and suburban railroads, or sleeping car companies, or persons or companies operating railroads or street railroads or suburban railroads or sleeping cars in this State, all expess companies, including railroad companies doing express, tele phone, or telegraph business, all gas, electric light or power, hydro electric power, steam heat, refrigerated air, dockage or cranage, canal, toll road, toll bridges, railroad equipment and navigation com panies, person or persons doing a gas, electric light or power, hydro electric power, steam heat, refrigerated air, dockage or cranage, canal, toll road, toll bridge, railroad equipment, or navigation busi ness, through their president, general manager, owner, or agent having control of the company's offices in this State, shall be re quired to make annual tax returns of all property of said company located in this State to the State Revenue Commissioner; and the laws now in force providing for the taxation of railroads in this State, shall be applicable to the assessment of taxes from said busi nesses as above stated. Provided, that small telephone companies, or person or persons doing a telephone business, whose capital stock or property is of less value than $5,000.00 shall be required to make returns to the Tax Receivers of the counties in which such property is located, instead of making returns to the State Revenue Commissioner."

Section 2. This Act shall become effective for all tax years begin ning on or after January 1, 1976.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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

On the passage of the Bill, by substitute, the ayes were 108, nays 1.

WEDNESDAY, MARCH 19, 1975

3291

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

HB 830. By Representatives Lambert of the 117th, Carlisle of the 71st, Colwell of the 4th and others:
A Bill to amend an Act to provide for the State Board of Corrections to have authority to confer the powers of a police officer upon designated employees of the State Board of Corrections so as to provide that the State Board of Corrections may adopt rules conferring the powers of a police officer to any correctional officer of the State Board of Correc tions; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 1106. By Representatives Lambert of the 112th and Carlisle of the 71st: A Bill to provide for an Act known as the Georgia Special Adult Offender Act of 1975; to create a special Adult Offender Division under the State Board of Corrections; and for other purposes.
The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 1106 as follows:
By striking the last sentence of Section 3 on page 2 beginning on line 33 and ending on page 3 on line 5.
By renumbering Subsection (b) on page 8, line 4, to subsection "(c)".
By renumbering Subsection (c) on page 8, line 13, to Subsection '(d)".
By renumbering Subsection (d) on page 8, line 17, to Subsection "(e)".
By adding a new Subsection (b) of Section 16 to read as follows:
"(b) The sentencing court shall have the authority, within 60 days from the date of acceptance by the Board of the adult offender, to modify and change the sentence by either placing an adult offender under the provisions of this Act or removing an adult offender from

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the provisions of this Act. The sentencing court may request the Board to furnish to the court a written diagnosis and evaluation of the adult offender with a recommendation as to the classification of the adult offender all within 60 days from the acceptance by the Board of the adult offender."

By striking on page 8, line 15, "(b)" and adding "(c)".

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 92, nays 4.

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

HB 782. By Representative Greer of the 43rd:
A Bill to repeal Georgia Laws 1937, pp. 109, 147, relating to expenses of administering the income tax laws and the submission of annual budget sheets; to repeal Ga. Laws 1959, p. 78, relating to credits against income taxes for payments made to corporations and other organizations organized and operated exclusively for educational purposes; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to repeal Georgia Laws 1937, pp. 109, 147, relating to expenses of administering the income tax laws and the sub mission of annual budget sheets; to repeal Georgia Laws 1959, p. 7, relating to credits against income taxes for payments made to corpora tions and other organizations organized and operated exclusively for educational purposes; to repeal subsection (n) of Section 92-3002 of the Code of Georgia of 1933 (Georgia Laws 1937, pp. 109, 112) relating to the definition of the word "sales"; to amend Section 92-3301 of the Code of Georgia of 1933, as amended, relating to installment payments and estimated tax returns; to amend Georgia Laws 1969, pp. 114, 115, re lating to adjustments to Federal taxable income to be made by corpora tions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Georgia Laws 1937, pp. 109, 147, relating to expenses of administering the income tax laws and the submission of annual budget sheets, is hereby repealed in its entirety. Georgia Laws 1959, p. 7, re-

WEDNESDAY, MARCH 19, 1975

3293

lating to credits against income taxes for payments made to corpora tions and other organizations organized and operated exclusively for educational purposes is hereby repealed in its entirety. Subsection (n) of Section 92-3002 of the Code of Georgia of 1933, as amended, par ticularly by Georgia Laws 1937, pp. 109, 112, relating to the definition of the word "sales", is hereby repealed in its entirety and subsections (o) and (p) of said Section 92-3002 are hereby redesignated as sub sections (n) and (o), respectively. Section 92-3301 of the Code of Georgia of 1933, as amended, is hereby further amended by striking in their entirety subsection (e), relating to the installment payment of in come taxes, and subsection (f), relating to the payment of estimated income taxes. Section 92-3102 (b) of the Code of Georgia of 1933, as amended, particularly by Georgia Laws 1969, pp. 114, 115, relating to adjustments to Federal taxable income to be made by corporations, is hereby further amended by striking subsection (6) of said section in its entirety and designating the remaining subsections, specifically subsections (7), (8), (9), (10) and (11), as subsections (6), (7), (8), (9) and (10) respectively.

Section 2. This Act shall become effective immediately upon its approval, or its otherwise becoming a law, and shall apply to all taxable years beginning on or after January 1, 1975.

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 Representatives:

Adams, G. D.
Adams, John Adams, Marvin Alexander Bailey Battle Baugh Beck Berry Bolster Bray Brown Buck Calhoun Games Carr Carter
Castleberry

Chance
Childers Clark, Betty Clark, L. Cole Coleman Collins Colwell Connell Cooper Cox Crawford Culpepper Daugherty Davis Dixon Dover
Edwards, C. W.

Edwards, W.
Egan Elliott Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Gignilliat Greer Ham Hamilton Harden Harris, B. B. Harris, J. F. Harrison Hatcher
Hawkins

3294
Hays Hill, B. L. Hill, G. Holmes Howard Howell Hudson Hutchinson Irvin, J. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Keyton Kilgore Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leonard Long

JOURNAL OF THE HOUSE,

Mann Marcus Matthews, D. R. McCollum McKinney Miles Milford Mostiler Mullinax Nessmith Nix Noble Owens Oxford Parham Parkman Parrish Patten, R. L. Peters Phillips, L. L. Phillips, R. T. Phillips, W. R. Rainey Ray Reaves Ross

Russell, W. B. Shanahan Sheats Sizemore Smith, J. R. Smith, V. B. Snow Stone Sweat Thomason Thompson Tolbert Townsend Triplett Tucker Vaughn Walker Wall Ware West Whitmire Williams Williamson Wilson Wood

Those not voting were Representatives:

Banks Bargeron Beckham Blackshear Bowman Burruss Burton
Carlisle Carrell
Childs
Clifton
Dean Dent
Evans, B.
Gammage Glanton
Glover

Harris, J. G. Horton Irvin, R. Jordan Karrh King Knight
Leggett Linder
Logan
Lucas Matthews, C.
McDonald
Patten, G. C.
Petro
Pinkston

Randall Richardson Rush Russell, J. Sams Scott Sigman
Smyre
Taggart Toles
Twiggs
Waddle
Watson
Wheeler
White Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 131, nays 0.

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

WEDNESDAY, MARCH 19, 1975

3295

Representative Russell of the 64th wished to be recorded as voting "aye" on the passage of HB 782, by substitute.

HB 237. By Representatives Castleberry of the lllth, Adams of the 14th, Carrell of the 75th and others:
A Bill to provide that notwithstanding any law, rule or regulation to the contrary, any employee of State government shall be authorized to run for and hold office in any government of any municipality having a population of 1,500 persons or less; and for other purposes.

The following amendment was read and adopted:
The State of Republic Committee moves to amend HB 237 by adding a new sentence in section 1 beginning on line 14 after the word "census",
"Providing that such candidate is elected in a non-partisan election."

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 Representatives:

Adams, G. D.
Adams, John Adams, Marvin Alexander Bailey Baugh Beck Berry
Blackshear Bolster Brown Buck Burruss Games Carrell Carter
Castleberry Chance
Childers Childs Clark, L.
Clifton Cole

Coleman
Collins Colwell Cooper Cox Crawford Culpepper Daugherty
Davis Dean Dent Dixon Dover Edwards, C. W. Edwards, W. Egan
Elliott Felton
Foster, P. W. Foster, R. L. Fraser
Gignilliat Glover

Greer
Ham Hamilton Harden Harris, B. B. Harris, J. F. Hatcher Hawkins
Hays Holmes Horton Howard Hudson .Hutchinson Irvin, J. Irvin, R.
Irwin Jackson
Jessup Johnson, R. Johnson, W- R.
Jones Karrh

3296
Keyton Kilgore King Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Logan Long Mann Marcus Matthews, D. R. Miles Milford Mostiler Mullinax

JOURNAL OF THE HOUSE,

Nessmith Owens Oxford Parham Parrish Patten, G. C. Patten, R. L. Peters Phillips, R. T. Rainey Ray Reaves Richardson Russell, J. Russell, W. B. Shanahan Sheats Sigman Sizemore

Smith, J. R. Smith, V. B. Snow Sweat Thomason Thompson Tolbert Triplett Vaughn Waddle Walker Wall Ware West Whitmire Williams Williamson Wilson Wood

Those voting in the negative were Representatives:

Carr

Clark, Betty

Evans, W. D.

Those not voting were Representatives:

Banks Bargeron Battle Beckham Bowman Bray Burton Calhoun Carlisle Connell Evans, B. Gammage Glanton Harris, J. G. Harrison Hill, B. L. Hill, G.

Howell Jordan Knight Lambert Lane, W. J. Linder Lucas Matthews, C. McCollum McDonald McKinney
Nix Noble Parkman Petro Phillips, L. L. Phillips, W. R.

Pinkston
Randall Ross Rush
Sams Scott Smyre Stone Taggart Toles Townsend Tucker Twiggs Watson Wheeler White Mr. Speaker

On the passage of the Bill, as amended, the ayes were 126, nays 3.

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

HB 955. By Representatives Snow of the 1st, Walker of the 115th, Karrh of the 106th and Larsen of the 119th:
A Bill to amend Code Chapter 27-7, relating to indictments, presentments and accusations in general so as to provide that two or more offenses

WEDNESDAY, MARCH 19, 1975

3297

may be charged in the same indictment or accusation in certain cir cumstances; to provide for relief from prejudicial joinder; and for other purposes.

The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 955 as follows:
On line 6, page 1, by striking the following:
"to authorize the court to order two or more indictments or accusations or both to be tried together under certain circumstances"
On line 17, page 1 by inserting the word "and" after the word "27-701.1 and by striking the words "and 27-701.3,"
On line 7, page 2, by striking the entire sub-section 27-701.3 lines 7 through 13.

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 Representatives:

Adams, G. D. Adams, John Adams, Marvin Bailey Battle Baugh Beck Berry Blackshear Bolster Bray Buck Burruss Calhoun
Games Carr Carrell Carter Castleberry Chance Clark, Betty Clark, L. Clifton

Cole Coleman Collins Colwell Connell Cooper Cooper Crawford Culpepper Davis Dean Dent Dixon Dover Edwards, C. W. Edwards, W. Egan Felton Foster, P. W. Foster, R. L. Fraser Gignilliat Glover

Greer Ham Harden Harris, B. B. Harris, J. G. Harris, J. F. Harrison Hatcher Hawkins Hays Hill, B. L. Hill, G. Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jackson
Jessup Johnson, R.

3298
Johnson, iff- RJones Kar-rh Keyton Kilgore King Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Logan Long Mann Marcus Matthews, D. R. McCollum Miles Milford Mostiler

JOURNAL OF THE HOUSE,

Mullinax Nessmith Nix . Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters Phillips, L. L. Phillips, R. T. Rainey
Ray Reaves Richardson Russell, J. Russell, W. B. Shanahan Sheats

Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Taggart Thompson Tolbert Triplett Vaughn Walker Wall Ware West Whitmire Williamson Wilson Wood

Those voting in the negative were Representatives:

Alexander Childers Childs

Daugherty Evans, W. D.

Irwin Williams

Those not voting were Representatives:

Banks Bargeron Beckham Bowman Brown Burton Carlisle Elliott Evans, B. Gammage Glanton Hamilton Jordan

Knight Lambert Lane, W. J. Linder Lucas Matthews, C. McDonald McKinney Petro Phillips, W. R. Pinkston Randall Ross

Rush Sams Scott Thomason Toles Townsend Tucker Twiggs Waddle Watson Wheeler White Mr. Speaker

On the passage of the Bill, as amended, the ayes were 134, nays 7.

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

Representative Holmes of the 43rd stated that he had inadvertently voted "aye" but intended to vote "nay" on the passage of HB 955, as amended.

WEDNESDAY, MARCH 19, 1975

3299

HR 122-477. By Representatives Snow of the 1st, King of the 96th and Hatcher of the 131st:

A RESOLUTION

Proposing an amendment to the Constitution so as to confer the authority to grant corporate powers and privileges to private companies to the Secretary of State; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section VII, Paragraph XVII of the Con stitution is hereby amended by striking Paragraph XVII in its entirety and substituting in lieu thereof a new Paragraph XVII to read as follows:

"Paragraph XVII. Corporate Powers, How Granted. The General Assembly shall have no power to make or change election precincts, nor to establish bridges or ferries, nor to change names of legitimate children; but it shall prescribe by law the manner in which such powers shall be exercised by the courts. The General Assembly shall have no power to grant corporate powers and privi leges to private companies, but it shall prescribe by law the manner in which such power to grant corporate powers and privileges to private companies shall be exercised by the Secretary of State. All corporate powers and privileges to banking, trust, insurance, rail road, canal, navigation, express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law; and if in any event the Secretary of State should be disqualified to act in any case, then in that event the legislature shall provide by general laws by what person such charter shall be granted.
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the Secretary of State to grant corporate charters
( ) NO and powers to persons who wish to form corpora tions?"
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.

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JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

The House Judiciary Committee moves to amend HR 122-477 as follows: On page 2, line 10 by striking the words "rather than the Superior Courts"

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

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

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, Marvin Alexander Bailey Battle Baugh Beck Beckham Berry Blackshear Bolster Bray Brown Buck Burruss Burton Calhoun Carnes Carr Carrell Carter Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman Collins Connell Cooper Cox Crawford

Culpepper Daugherty Davis Dean Dent Dixon Dover Edwards, C. W. Edwards, W. Egan Elliott Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Gignilliat Glover Greer Harden Harris, B. B. Harris, J. G. Harris, J. F. Harrison Hatcher Hawkins Hays Hill, G. Holmes Horton Howard Howell Hudson Hutchinson

Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Karrh Keyton Kilgore King Kreeger Lane, Dick Larsen, G. K. Lee Leggett Leonard Logan Long Mann Marcus Matthews, D. R. McCollum Miles Milford Mostiler Mullinax Nessmith Nix Oxford Parham Parkman Parrish Patten, G. C.

WEDNESDAY, MARCH 19, 1975

3301

Patten, R. L. Peters Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Ray Reaves Richardson Rush Russell, J.

Shanahan Sheats Sigman Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Thompson Tolbert Triplett

Twiggs Vaughn Waddle Walker Wall Ware West Whitmire Williams Williamson Wilson Wood

Those voting in the negative were Representatives:

Ham Irwin

Larsen, W. W.

Russell, W. B.

Those not voting were Representatives:

Adams, John Banks Bargeron Bowman Carlisle Colwell Gammage Glanton Hamilton Hill, B. L. Jordan Knight

Lambert Lane, W. J. Linder Lucas Matthews, C. McDonald McKinney Noble Owens Petro Ross Sams

Scott Sizemore Taggart Thomason Toles Townsend Tucker Watson Wheeler White Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 141, nays 4.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.

HB 477. By Representative Snow of the 1st:
A Bill to amend Code Chapter 88-5 relating to hospitalization of the mentally ill, so as to provide that a petition for judicial hospitalization shall be accompanied by a certificate of a physician or an affidavit that due to the patient's condition, the petitioner is unable to get the alleged patient to see a doctor; and for other purposes.

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

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

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Battle Baugh Beck Berry Blackshear Bolster Bray Brown Buck Burruss Burton Calhoun Carlisle Games Carr Carter Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman Collins Colwell Connell Cooper Cox Crawford Culpepper Daugherty
Davis
Dean
Dent
Dixon
Dover
Edwards, C. W.
Edwards, W.
Egan
Elliott
Evans, W. D.

Felton Foster, P. W. Foster, R. L. Fraser Gignilliat Glover Greer Ham Hamilton Harden Harris, B. B. Harris, J. G. Harris, J. F. Harrison Hatcher Hawkins Hays Hill, B. L. Hill, G. Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson Johnson, R. Johnson, W. R. Jones Karrh Keyton Kilgore King Kreeger Lambert
Lane, Dick
Lane, W. J.
Larsen, G. K.
Larsen, W. W.
Lee
Leggett
Leonard
Logan
Long
Mann

Marcus Matthews, D. R. McCollum McDonald McKinney Miles Milford Mostiler Mullinax Nessmith Nix Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Ray Reaves Richardson Ross Rush Russell, J. Russell, W. B. Shanahan Sheats Sigman Smith, V. B. Smyre Snow
Stone
Sweat
Thomason
Thompson
Tolbert
Triplett
Twiggs
Vaughn
Waddle
Walker

Wall Ware West

WEDNESDAY, MARCH 19, 1975

3303

Whitmire Williams Williamson

Wilson Wood

Those not voting were Representatives:

Banks Bargeron Beckham Bowman
Carrell Evans, B. Gammage Glanton Jessup

Jordan Knight Linder Lucas
Matthews, C. Noble Sams Scott Sizemore

Smith, J. R. Taggart Toles Townsend
Tucker Watson Wheeler White Mr. Speaker

On the passage of the Bill, the ayes were 153, nays 0.

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

HB 633. By Representatives Jessup of the 117th, Smith of the 78th and Hutchinson of the 133rd:
A Bill 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 or inspection of motor vehicles by the issuance of a citation; and for other purposes.

The following amendment was read and adopted:

The Committee of the House on Motor Vehicles moves to amend HB 633 as follows:
By adding at the end of the sentence set forth in Section 1 of said Bill the following:
"except that where the offense results in an accident an in vestigating officer may issue citations regardless of whether the offense occurred in the presence of a law enforcement officer."
so that as amended Section 1 of HB 633 shall read as follows:
"Section 1. 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, ap proved April 25, 1969 (Ga. L. 1969, p. 759), as amended is hereby

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amended by adding between 'presence' and '.' of the first sentence the following:

'or information concerning the operation of a motor vehicle constituting a basis for arrest was received by the arresting officer from a law enforcement officer observing the offense being com mitted, except that where the offense results in an accident an investigating officer may issue citations regardless of whether the offense occurred in the presence of a law enforcement officer." "

Said HB 633 is further amended by inserting in Section 5 of said Bill between "committed" and "." the following:

"except that where the offense results in an accident an in
vestigating officer may issue citations regardless of whether the offense occurred in the presence of a law enforcement officer."

so that as amended Section 5 of said HB 633 shall read as follows:

"Section 5. When so amended the Act shall read as follows:

'Notwithstanding any other provision of any law to the con trary, law enforcement officers may arrest persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance and inspection of motor vehicles by is suance of a citation, providing said offense is committed in his presence or information concerning the operation of a motor vehicle constituting a basis for arrest was received by the arresting officer from a law enforcement officer observing the offense being com mitted, except that where the offense results in an accident an investigating officer may issue citations regardless of whether the offense occurred in the presence of a law enforcement officer. The arresting officer may issue to such person a citation which shall enumerate the specific charges against such person and a date upon which said person is to appear and answer said charges. Whenever
an arrest is made by the arresting officer on the basis of informa
tion concerning the operation of a motor vehicle received from
another law enforcement officer observing the offense being com
mitted, the citation shall list the name of each officer and each
must be present when the charges against the offender are heard.
If the person charged shall fail to appear as specified in the cita
tion, the judge having jurisdiction of the offense may issue a
warrant ordering the apprehension of such person and commanding
that he be brought before the court to answer the charge contained
within the citation and the charge of his failure to appear as
required. Said person shall then be allowed to make a reasonable
Bond to appear on a given date before such court.' "

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

WEDNESDAY, MARCH 19, 1975

3305

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 Representatives:

Adams, G. D. Adams, John Adams, Marvin Baugh Beck Beckham Berry Blackshear Bolster Bray Buck Burruss Burton Calhoun Carlisle Carnes Carr Carter Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman Connell Cooper Crawford Culpepper Davis Dean Dixon Edwards, W.
Egan
Elliott
Evans, W. D.
Felton
Foster, P. W.
Foster, R. L.
Fraser

Gammage Glanton Greer Ham Harris, B. B. Harris, J. G. Harris, J. F. Harrison Hatcher Hawking Hays Hill, G. Horton Hutchinson Irvin, R. Jackson Johnson, R. Johnson, W. R. Jones Karrh Keyton Kilgore King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee Leggett Leonard Logan Long Lucas Mann
Marcus
Matthews, D. R.
McCollum
McDonald
McKinney
Miles
Milford

Mostiler Mullinax Nessmith Nix Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Phillips, L. L. Phillips, R. T. Pinkston Ray Reaves Ross Rush Russell, W. B. Shanahan Sheats Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Taggart Thompson Tolbert Triplett Vaughn Waddle Walker
Wall
Ware
West
Whitmire
Williamson
Wilson
Wood

Those voting in the negative were Representatives:

Alexander Battle Colwell

Cox Daugherty Dent

Dover Glover Hill, B. L.

3306
Holmes Hudson Irwin

JOURNAL OP THE HOUSE,

Randall Richardson Russell, J.

Sigman Twiggs Williams

Those not voting were Representatives:

Bailey Banks Bargeron Bowman Brown Carrell Collins Edwards, C. W. Evans, B. Gignilliat Hamilton Harden

Howard Howell Irvin, J. Jessup Jordan Knight Larsen, W. W. Linder Matthews, C. Peters Petro Phillips, W. R.

Rainey Sams Scott Sizemore Thomason Toles Townsend Tucker Watson Wheeler White Mr. Speaker

On the passage of the Bill, as amended, the ayes were 126, nays 18.

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

Representatives Jessup of the 117th and Bailey of the 72nd wished to be recorded as voting "aye" on the passage of HB 633, as amended.

HB 540. By Representatives Snow of the 1st, Walker of the 100th, Sams of the 90th, Karrh of the 106th and Culpepper of the 98th:
A Bill to be known as the "Georgia Records Act of 1975"; to provide for the management of records in the State of Georgia; to create a State Records Committee; 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 Records Act", approved April 7, 1972 (Ga. Laws 1972, p. 1267), as amended; so as to provide for definitions of certain terms; to create a State Records Committee; to provide for membership, meetings, powers and duties of the Committee; to provide for officers and quorums; to provide for an appeal process to the Committee; to provide for duties of the Department of Archives and History; to establish a records manage ment program and a State records management officer to administer the same; to provide for the operation of record centers and procedures relative thereto; to describe the nature of retention schedules; to provide for duties of State agencies; to provide for designation of agency records management officers; to provide for maintenance, use and access

WEDNESDAY, MARCH 19, 1975

3307

relating to confidential records; to limit the restrictions on access to confidential records; to provide that certain records shall be public property; to provide that certain acts shall be unlawful; to provide for penalties; to provide for title to records; to limit access to records of Constitutional Officers; to provide for construction of this Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. An Act known as the "Georgia Records Act," approved April 7, 1972 (Ga. Laws 1972, p. 1267), is hereby amended by adding at the end of Section 2, new sub-sections, to be designated subsections (g), (h), and (i), to read as follows:

"(g) 'Retention schedule' means a set of disposition instruc tions prescribing how long, where, and in what form a record series shall be kept;

(h) 'Record series' means documents or records that are filed in a unified arrangement, having similar physical characteristics or relating to a similar function or activity;

(i) 'Records management' means the application of manage ment techniques to the creation, utilization, maintenance, retention, preservation and disposal of records undertaken to reduce costs and improve efficiency of record keeping. Records management includes management of filing and microfilming equipment and supplies; filing and information retrieval systems; files, correspondence, reports and forms management; historical documentation; micro graphics; retention programming and vital records protection."

Section 2. Said Act is further amended by striking Section 3 in its entirety and substituting in lieu thereof, the following:

"There is hereby created the State Records Committee, to be composed of the Governor, the Secretary of State, the Attorney General and the State Auditor, or their designated representatives. It shall be the duty of the committee to review, approve, disapprove, amend or modify retention schedules submitted by agency heads through the Department for the disposition of records based on administrative, legal, fiscal or historical values. Such retention schedules, once approved, shall be authoritative, directive and have the force and effect of law. A retention schedule may be determined by three members of the committee. Retention schedules may be amended by the committee on change of program mission or legisla tive changes affecting the records. The Secretary of State shall serve as chairman of the committee and shall schedule meetings of the committee as required. Three members shall constitute a quorum. Each agency head has the right of appeal to the committee for actions taken under this section."

Section 3. Said Act is further amended by striking Section 4 (a) and Section 4 (c) in their entirety and substituting in lieu thereof new

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JOURNAL OP THE HOUSE,

subsections, to be designated Section 4 (a), Section 4 (c) and by adding a new subsection, to be designated Section 4 (d), to read as follows:

"Section 4 (a). Establish and administer, under the direction of a State records management officer (who shall be employed under the rules and regulations of the State Merit System), a records management program;

Section 4 (c). Assist State agencies in implementing records programs by providing consultative services in records management, conducting surveys in order to recommend more efficient records management practices, and providing training for records manage ment personnel;

Section 4 (d). Operate a records center or centers which shall accept all records transferred to it through the operation of ap proved retention schedules, provide secure storage and reference service for the same and submit written notice to the applicable agency of intended destruction of records in accordance with ap proved retention schedules."

Section 4. Said Act is further amended by adding at the end of Section 5(e), the following:

"No records will be scheduled for permanent retention in an office. No records will be scheduled for retention any longer than is absolutely necessary in the performance of required functions. Records requiring retention for several years will be transferred to the records center for low-cost storage at the earliest possible date following creation."

so that when so amended, Section 5(e) shall read as follows:

" (e) Submit to the Department, in accordance with the rules and regulations of the Department, a recommmended disposition standard for each record series in its custody, except that standards for common-type files may be established by the Department. No records will be scheduled for permanent retention in an office. No records will be scheduled for retention any longer than is absolutely necessary in the performance of required functions. Records re quiring retention for several years will be transferred to the records center for low-cost storage at the earliest possible date following creation."
Section 5. Said Act is further amended by adding at the end of Section 5, a new subsection, to be designated subsection (g), to read as follows:
"(g) Designate an agency records management officer who shall establish and operate a records management program."

Section 6. Said Act is further amended by striking Section 6 in its entirety and adding in lieu thereof, the following:

WEDNESDAY, MARCH 19, 1975

3309

"Section 6. (a) Nothing in this Act shall be construed to divest agency heads of the authority to determine the nature and form of records required in the administration of their several
departments. Notwithstanding this Section agency heads shall carry out provisions of Section 5;

(b) Any records designated confidential by the agency shall be so treated by the Department in the maintenance, storage and disposition of such confidential records. These records shall be destroyed in such a manner that they cannot be read, interpreted, or reconstructed."

Section 7. Said Act is further amended by striking Section 7 in its entirety and substituting in lieu thereof, the following:
"Section 7. (a) All records created or received in the per formance of duty and paid for by public funds are deemed to be public property and shall constitute a record of public acts;

(b) The destruction of records shall occur only through the operation of an approved retention schedule. Such records shall not be placed in the custody of private individuals or institutions or semi-private organizations unless authorized by retention schedules;

(c) The alienation, alteration, theft or destruction of records
by any person or persons in a manner not authorized by an ap plicable retention schedule is punishable as a misdemeanor;

(d) No person acting in compliance with the provisions of this Act shall be held personally liable."

Section 8. Said Act is further amended by striking Section 10 (a) in its entirety and substituting in lieu thereof, the following:

"Section 10.(a) Title to any record transferred to the Georgia State Archives as authorized by this Act shall be vested in the Department. The Department shall not destroy any record trans ferred to it by an agency without consulting with the proper official of the transferring agency prior to submitting a retention schedule requesting such destruction to the State Records Committee. Access to records of Constitutional Officers shall be at the discretion of the Constitutional Officer who created, received, or maintained the records, but no limitation on access to such records shall extend more than 25 years after creation of the records."

Section 9. Said Act is further amended by designating Section 12 as Section 15; Section 13 as Section 16; Section 14 as Section 17; and
Section 15 as Section 18.

Section 10. Said Act is further amended by adding a new Section, to be designated as Section 12, to read as follows:

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JOURNAL OF THE HOUSE,

"Section 12. (a) This Section applies only to those records (1) that are confidential, classified or restricted by Acts of the General Assembly, or may be declared to be confidential, classified or restricted by future Acts of the General Assembly, unless said future Acts specifically exempt these records from the provisions of this Section; and (2) that have been, or are in the future, de
posited in the Georgia State Archives or in other State-operated archival institutions because of their value for historical research;

(b) All restrictions on access to records covered by this Section e hereby lifted and removed seventy-five years after the creation .the record;

(c) Restrictions on access to records covered by this Section may be lifted and removed as early as twenty years after the crea tion of the record on unanimous approval in writing of the State Records Committee;

(d) Applications requesting that the State Records Committee review and consider lifting such restrictions may be made either by the director of the Department or by the head of the agency that transferred the record to the Archives."

Section 11. Said Act is further amended by adding a new Section, to be designated as Section 13, to read as follows:

"Section 13. (a) Records that are by law confidential, classified or restricted may be used for research purposes by private re searchers providing that (1) the researcher is qualified to perform such research; (2) the research topic is designed to produce a study that would be of potential benefit to the State or its citizens; and (3) the researcher will agree in writing to protect the confidentiali ty of the information contained in the records. When the purpose of the confidentiality is to protect the rights of privacy of any person or persons who are named in the records the researcher must agree, in either his notes or in his finished study or in any manner, not to refer to said person in such a way that they can be identified. When the purpose of the confidentiality is to protect other information the researcher must agree not to divulge that
information;

(b) The head of the agency that created the records (or his designee) shall determine whether or not the researcher and his research topic meets the qualifications set forth in subsection (a) above prior to accepting the signed agreement from the researcher and granting permission to use the confidential records;

(c) The use of such confidential records for research shall be considered a privilege and the agreement signed by the researcher shall be binding on him. Researchers who violate the confidentiality of these records shall be punishable in the same manner as would government employees or officials found guilty of this offense."

WEDNESDAY, MARCH 19, 1975

3311

Section 12. Said Act is further amended by adding a new Section, to be designated as Section 14, to read as follows:

"Section 14. (a) All laws or parts of laws prescribing how long or in what form records shall be kept are hereby repealed;

(b) Whenever laws or rules and regulations prescribe where a record series must be kept, the custodian of such records shall be considered in compliance with said laws, rules and regulations if he transfers said records to a local holding area, a records center, or the Georgia State Archives when he does so in accordance with an approved retention schedule."

The report of the Committee, which was agreeable 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 Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Battle Baugh Beck Beckham Berry Blackshear
Bolster Bray Brown
Buck Burruss Burton Calhoun Carlisle Carr Carrell Carter Castleberry Chance
Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman

Collins Colwell Connell Cooper Cox Crawford Culpepper Davis Dent Dixon Dover
Edwards, C. W. Edwards, W. Egan
Elliott Evans, B. Evans, W. D. Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glover Greer
Ham Hamilton Harris, J. G. Harris, J. F. Harrison Hatcher Hawkins

Hays Hill, G. Holmes Horton Howard Howell Hudson Hutchinson Irvin, R. Irwin Jackson
Jessup Johnson, R. Johnson, W. R.
Jones Karrh Keyton Kilgore King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K.
Lee Leggett Leonard Logan Long Lucas Mann

3312
Marcus McCollum McDonald McKinney Miles Milford Mostiler Mullinax Nessmith Nix Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters Phillips, L. L. Phillips, R. T.

JOURNAL OF THE HOUSE,

Phillips, W. R. Pinkston Rainey Ray Reaves Richardson Ross Rush Russell, J. Russell, W. B. Sams Scott Shanahan Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone

Sweat Taggart Thomason Thompson Tolbert Townsend Triplett Tucker Twiggs Vaughn Waddle Walker Wall Ware West Whitmire Williams Williamson Wilson Wood

Those not voting were Representatives:

Banks Bargeron Bowman Carnes Daugherty Dean Felton Glanton Harden

Harris, B. B. Hill, B. L. Irvin, J. Jordan Knight Larsen, W. W. Linder Matthews, C.

Matthews, D. R. Petro Randall Toles Watson Wheeler White 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 1118. By Representatives Ware of the 68th, Greer of the 43rd, Castleberry of the lllth and others:
A Bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to change certain definitions; to provide for addi tional definitions; to provide minimum insurance coverage for motor cycles or other motor driven vehicles with three or less load bearing wheels; and for other purposes.

The following amendment was read and adopted:
Representative Walker of the 115th moves to amend HB 1118 by changing the word "only" on line 21 page 1, to "primarily".

WEDNESDAY, MARCH 19, 1975

3313

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 Representatives:

Adams, G. D. Adams, Marvin Alexander Baugh Berry Bolster Bowman Bray Brown Buck Burruss Burton Carlisle Carr Carter Chance Clark, Betty Clark, L. Coleman Connell Crawford Culpepper Davis Dean Edwards, C. W. Edwards, W. Egan Elliott Evans, W. D. Foster, P. W. Eraser

Ham Hamilton Harris, B. B. Harris, J. G. Hawkins Hays Hill, G. Horton Hutchinson Jessup Johnson, R. Johnson, W. R. Jones Karrh Keyton King Lambert Lane, W. J. Leggett Leonard Logan Long Marcus Matthews, D. R. McCollum Milford Mostiler Mullinax Nessmith Noble

Parham Parkman Parrish Peters Petro Phillips, R. T. Pinkston Rainey Randall Ray Richardson Rush Russell, W. B. Shanahan Sheats Smith, J. R. Smyre Snow Stone Taggart Thompson Tolbert Vaughn Waddle Walker Wall Ware Watson Wilson Wood

Those voting in the negative were Representatives :

Adams, John Bailey Battle Beckham Blackshear Calhoun Games Castleberry Childers Cole Collins

Colwell Cooper Cox Dent Dixon Dover Evans, B. Foster, R. L. Gammage Glover Harden

Harris, J. F. Harrison Hatcher Hill, B, L. Holmes Howell Hudson Irvin, J. Irvin, R. Irwin Jackson

3314
Kilgore Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Lee Lucas Mann McDonald McKinney Miles

JOURNAL OF THE HOUSE,

Nix Owens Oxford Patten, G. C. Patten, R. L. Phillips, L. L. Phillips, W. R. Reaves Ross Russell, J. Sigman

Sizemore Smith, V. B. Sweat Thomason Triplett Tucker Twiggs West Whitmire Williams Williamson

Those not voting were Representatives:

Banks Bargeron Beck Carrell Childs Clifton Daughtery Felton

Gignilliat Glanton Greer Howard Jordan Knight Linder Matthews, C.

Sams Scott Toles Townsend Wheeler White Mr. Speaker

On the passage of the Bill, as amended, the ayes were 91, nays 66.

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

Representative Lane of the 40th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 1118, as amended.

The following Resolution of the Senate was read and adopted:

SR 170. By Senator Kidd of the 25th:
A RESOLUTION
Congratulating Miss Lynn Miller; and for other purposes.
WHEREAS, Lynn Miller of Wilkinson County has recently been chosen as "Miss Georgia Teenager for 1975"; and
WHEREAS, in receiving this distinct honor, the talent, charm and wit of Miss Miller has been recognized and appreciated; and
WHEREAS, this body wishes to express its admiration for the attri butes of young womanhood which has been embodied within the bestowing of this title.

WEDNESDAY, MARCH 19, 1975

3315

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that this body does hereby extend to Miss Lynn Miller its heartiest congratulations upon being named "Miss Geor gia Teenager for 1975".

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to Miss Lynn Miller.

The following Resolutions of the House were read and adopted:

HR 372. By Representatives Russell of the 64th, Logan of the 62nd, Clark of the 13th, Richardson of the 52nd and Egan of the 25th:
A RESOLUTION
Urging the Georgia Delegation to the United States Congress to support Federal legislation to designate the Marigold as the National Floral Emblem; and for other purposes.
WHEREAS, the United States is the only major country in the world which has not adopted a national floral emblem; and
WHEREAS, Senators Mansfield and Baker are planning to offer legislation naming the Marigold as the National Floral Emblem; and
WHEREAS, the Marigold is a beautiful and versatile flower and thrives in every State of the United States; and
WHEREAS, the Marigold has a long and distinguished history and was used by the devout in ancient Mexico to place at the altar of the Virgin Mary and became known as "Mary's Gold" which subsequently became Marigold; and
WHEREAS, in the earlier history of man, Marigold petals were used to make amulets which were thought to have the power to defend man against all perils; and
WHEREAS, the Marigold has been used for medicinal purposes for hundreds of years and was used extensively during the Civil War to treat wounds, burns and other injuries; and
WHEREAS, Marigold petals are also used as a food in salads, broths, puddings and other dishes; and
WHEREAS, former Senator Everett Dirksen of Illinois loved the Marigold more than any other flower and made great contributions to its fame throughout the United States; and

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JOURNAL OF THE HOUSE,

WHEREAS, Senator Everett Dirksen's hometown of Pekin, Illinois, and the City of Winterville, Georgia, have annual Marigold festivals; and

WHEREAS, Mrs. Everett Dirksen, who carries on her husband's tradition as a lover of the Marigold, has visited Winterville during its festival and a lasting friendship between Pekin, Illinois, and Winterville, Georgia, has developed because of the common interest of these two communities in this beautiful flower; and

WHEREAS, secreting its own natural pesticide, the Marigold is one of our most vigorous plants and is used to control pests and as a soil conditioner by organic gardeners throughout the United States; and

WHEREAS, there are approximately fifty varieties of Marigolds and this beautful flower blooms for several months during the year in all States; and

WHEREAS, the United States will celebrate its Bicentennial Year in 1976, and it would be very desirable to have the Marigold adopted as the National Floral Emblem for the Bicentennial celebration.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of the Georgia Delegation to the United States Congress are hereby urged to exert their influence in supporting appropriate legislation to designate the Marigold as the National Floral Emblem.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to send a copy of this Resolution to each member of the Georgia Delegation to the United States Congress.

HR 373. By Representative Carter of the 146th:
A RESOLUTION
Commending the Berrien County High School Rebelettes Basketball Team; and for other purposes.
WHEREAS, the Berrien High Rebelettes are the State 1974-1975 Class A A basketball champions; and
WHEREAS, the Berrien High Rebelettes are undefeated for the 1974-1975 season even though they competed with some of the most formidable teams in the State of Georgia; and
WHEREAS, the Berrien High Rebelettes, coached by Mrs. Dona Fields, one of the greatest basketball coaches in the State and the United States, have brought recognition and honor to Berrien County and South Georgia; and

WEDNESDAY, MARCH 19, 1975

3317

WHEREAS, Debra Smith, Susan Taylor, Oletha Mathis, Dee Dorsey, Karen Folsom, Julie Mathis, Winnie Keefe, Rhonda Stone, Charley Faye Smith, Sharon Harkins, Lisa Rowan, Elaine Brooklin, Brenda Pafford, Billie Jean Kokotis, Tina Rice, and Dana Fields are the Berrien High Rebelettes.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby recognizes and commends the Berrien High Rebelettes and their coach.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby directed to furnish Representative Jack Carter with appropriate copies of this resolution for the coach and each member of the Berrien High Rebelettes.

HR 374. By Representatives Randall of the 101st, Pinkston of the 100th, Dean of the 29th, Lucas of the 102nd and Smyre of the 92nd:
A RESOLUTION
Commending Coach Donald Richardson and Coach Walter Johnson; and for other purposes.
WHEREAS, Head Coach Donald Richardson and Assistant Coach Walter Johnson have compiled an outstanding record as the basketball coaches at Southwest High School in Macon, Georgia; and
WHEREAS, on Saturday, March 15, 1975, Southwest High School, in an outstanding display of talent, determination and sportsmanship, won the State AAA Basketball Championship; and
WHEREAS, Coach Richardson coached basketball at BallardHudson Jr. High School for 12 years where he compiled a record of 160 wins and only 15 losses; and
WHEREAS, Coach Johnson is highly regarded for his ability to develop young talent and to inspire teamwork; and
WHEREAS, in recent years, Southwest High School has compiled a magnificient record, winning the Region IV AAA Championship, the State AA Championship, the All Classification Championship and the State AAA Championship.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body hereby recognize and commend Head Coach Donald Richardson and Assistant Coach Walter Johnson for their outstanding record and for leading Southwest High School to the State AAA Basketball Championship.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit a copy of

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JOURNAL OF THE HOUSE,

this Resolution to Coach Donald Richardson and to Coach Walter Johnson.

HR 375. By Representatives Randall of the 101st, Pinkston of the 100th, Dean of the 29th, Lucas of the 102nd and Smyre of the 92nd:
A RESOLUTION
Commending the Southwest High School Basketball Team of Macon, Georgia; and for other purposes.
WHEREAS, the Southwest High School Basketball Team won the State AAA Basketball Championship in Atlanta on March 15, 1975; and
WHEREAS, this outstanding team compiled a season record of 25 wins and 4 losses; and
WHEREAS, although Southwest was by far the shortest team in the State Tournament, it won the coveted championship with dazzling speed, outstanding rebounding and superlative teamwork; and
WHEREAS, the admirable record compiled by this team can only be attributed to the dedication, drive and outstanding physical condition ing of the members of the team and to the outstanding coaching ability of Head Coach Donald Richardson and Assistant Coach Walter Johnson; and
WHEREAS, the members of this team are: Walter Daniels, Gerald Hardnett, Joe Hampton, Carlton Evans, Machiel Howard, Donald Taylor, Bobby Patrick, Johnny Scott, Wayne Howard, Horace Smith, Charlie Duncan and Robert Worthy.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate the Southwest High School Basketball Team of Macon, Georgia, for its outstanding record and for winning the State AAA Basketball Championship.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to each member of the Southwest High School Basketball Team, to Coach Donald Richardson and to Assistant Coach Walter Johnson.

HR 376. By Representatives Jordan of the 58th, Davis of the 56th, Childs of the 51st and others:
A RESOLUTION
Expressing appreciation to the DeKalb County School System for the delicious cookies that have been served to the General Assembly; and for other purposes.

WEDNESDAY, MARCH 19, 1975

3319

WHEREAS, the DeKalb County School System has served delicious cookies, brownies and other sweets to the members of this body and its staff; and
WHEREAS, the members of this body in general and the DeKalb County Delegation in particular appreciate the thoughtfulness of the DeKalb County School System in furnishing these sweets to this body; and

WHEREAS, the cookies, brownies and other sweets have become such a favorite with this body that the secretaries have found it neces sary to keep a private stock to insure that the DeKalb County Repre sentatives and Senators can enjoy them too; and

WHEREAS, Ms. Dot Slauson, Mrs. Frances Bell Smith, Mrs. Grace Smith and Mrs. King have coordinated this activity; and

WHEREAS, the following schools participated in this activity: Allgood, Ashford Park, Atherton, Canby Lane, Glen Haven, Hightower, Hooper Alexander, Huntley Hills, Indian Creek, Jolly, Medlock, Northwoods, Redan, Rockbridge, Sagamore Hills, Sexton Woods, Shallowford, Smokerise, Snapfinger, Toney, Tucker, Wesley Chapel, Chestnut, Briarcliff High, Cross Keys High, Walker High and Southwest DeKalb High.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby express its ap preciation to the DeKalb County School System for the delicious cookies that have been served to the General Assembly during this session.

BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and directed to transmit appropriate copies of this reso lution to the DeKalb County School Board, Mrs. Dot Slauson, Mrs. Frances Bell Smith, Mrs. Grace Smith, Mrs. King and the participating schools.

HR 377. By Representatives Jordan of the 58th, Hawkins of the 50th, Williams of the 54th and others:
A RESOLUTION
Commending DeKalb Community College South Campus Basketball Team; and for other purposes.
WHEREAS, the South Campus of the DeKalb Community College has been in existence for only three years; and
WHEREAS, this branch of the DeKalb Community College has proven to be a quality institution not only in academic requirements, comprehensiveness of curriculum and programs, but also in athletics, drama and other astivities; and

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WHEREAS, the basketball team is a member of the Georgia Junior College Athletic Association and has compiled an impressive record of 32 wins and 6 losses; and
WHEREAS, the team won the National Junior College Athletic Association Region 17 championship by defeating Calhoun State Com munity College of Decatur, Alabama, by a score of 78-77 in the inter regional tournament; and

WHEREAS, the South Campus "Eagles" defeated the Region 8 champion, Indian River Community College of Fort Pierce, Florida, 87-85, in the Southeast Sectional tournament, thereby earning the right to compete in the national finals of the National Junior College Athletic Association in Hutchinson, Kansas; and

WHEREAS, the South Campus team has demonstrated outstanding sportsmanship and character and has brought notable credit to DeKalb County and the State of Georgia; and

WHEREAS, outstanding performance and sportsmanship were ex hibited by the team members, including Calvin Bowser, Kevin Curl, Mike Dickerson, Grady Farrie, Scott Langford, Darrell Morgan, Mike Murphy, Thomas Norwood, Jarvis Reynolds, Jerome Scott, David Ward, Anthony Williams, Dwayne Williams, and "Rusty" Willingham; and

WHEREAS, the admirable record compiled by this team can only be attributed to the dedication, drive and outstanding physical condition ing of the members of the team and to the outstanding coaching ability of Coach Roger Couch.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate DeKalb Community College South Campus on its outstanding academic achievements and especially commends the basketball team on its magnificent season and tournament victories and wishes the team every success in the national finals.

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. Joe Willingham, Chairman of the Board of Education of DeKalb County; to Dr. James H. Hinson, Jr., President of DeKalb Community College South Campus; and to Coach Roger Couch.

HR 378. By Representatives Parkman of the 66th, Glanton of the 66th, Murphy of the 18th and many others:
A RESOLUTION
Expressing regrets at the passing of Mrs. Susan Hayward Chalkley; and for other purposes.

WEDNESDAY, MARCH 19, 1975

3321

WHEREAS, the citizens of Georgia have recently been saddened by the untimely passing of Mrs. Susan Hayward Chalkley; and

WHEREAS, she had a distinguished career as an actress, having appeared in more than 50 major films and having received five Academy Award nominations for "With A Song In My Heart", "I'll Cry To morrow", "Smashup", "My Foolish Heart"; and, "I Want To Live", for which she received an Oscar; and

WHEREAS, she was a devoted citizen of her adopted State of Georgia, and donated her services on numerous occasions in promoting the State of Georgia; and

WHEREAS, she donated her services to the production of a film entitled "Susan Hayward Invites You To Georgia", portions of which were made at the Chalkley farm and other locations around Carrollton; and.

WHEREAS, she was the devoted wife of Mr. Eaton Chalkley and the mother of two outstanding sons, Dr. Gregory M. Barker and Timothy M. Barker.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby express their deepest regrets at the passing of Mrs. Susan Hayward Chalkley, and hereby extend their sincerest sympathy to the members of her family.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby directed to transmit an appropriate copy of this resolution to the family of Mrs. Susan Hayward Chalkley.

HR 379. By Representative Waddle of the 113th:
A RESOLUTION
Commending the Junior Civitan Club of Northside High School, Warner Robins, Georgia; and for other purposes.
WHEREAS, the Junior Civitan Club of Northside High School, Warner Robins, Georgia, has recently won the Junior Civitan Inter national Award for the "Most Outstanding Campus School Project"; and
WHEREAS, for the school years 1972-73 and 1973-74, the Northside Chapter won the distinction of having undertaken and carried out the "Most Outstanding Campus and School Project"; and
WHEREAS, in 1973, the Northside Chapter also won an award for its work with the National Association for Retarded Children; and

3322

JOURNAL OF THE HOUSE,

WHEREAS, this past year each junior civitan member was assigned a new student or teacher at the school and helped the student or teacher make the transition from a different school or community; and

WHEREAS, Junior Civitan Clubs promote and encourage good citizenship, scholarship, respect for law and community leadership.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate the Junior Civitan Club of Northside High School, Warner Robins, Georgia, for its outstanding achievements and national recog nition.

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. Bill Cadwell, Sponsor of the Junior Civitan Club of Northside High School.

HR 380. By Representatives Connell of the 87th and Murphy of the 18th:
A RESOLUTION
Expressing regret at the passing of Mrs. Angie Elizabeth Marshall; and for other purposes.
WHEREAS, Mrs. Angie Elizabeth Marshall, known to her many friends as "Beth", passed away on March 17, 1974; and
WHEREAS, she had worked in the office of the Clerk of the House of Representatives since 1960, and was affectionately known as the "Resolution Lady"; and
WHEREAS, she was a native of Monroe, Georgia, in Walton County; and
WHEREAS, she is survived by her husband, Mr. George L. Mar shall, a daughter, Sandy Marshall, two sisters, Mrs. Jean Peppers and Miss June Page, and a brother, Mr. Harry Page; and
WHEREAS, she was a dedicated and able employee of the Clerk of the House of Representatives, and her untimely passing has brought great sadness to her many friends in State government.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their profound regret at the untimely passing of Mrs. Angie Elizabeth Marshall.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro-

WEDNESDAY, MARCH 19, 1975

3323

priate copy of this Resolution to the family of Mrs. Angie Elizabeth Marshall.

HR 381. By Representatives Taggart of the 125th, Hill of the 127th, Blackshear of the 123rd and Triplett of the 128th:
A RESOLUTION
Requesting the Board of Regents and the Chancellor of the Uni versity System of Georgia to take certain actions; and for other pur poses.
WHEREAS, the American Association of University Professors censured Armstrong State College several years ago for the manner in which the college handled a dispute concerning a faculty member; and
WHEREAS, this censure remains in effect and has not been re moved from the college; and
WHEREAS, Armstrong State College is the only college in the State which has been so censured.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body hereby request the Board of Regents and the Chancellor of the University System of Georgia to take all necessary actions to remove the censure of Arm strong State College by the American Association of University Pro fessors.
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 Board of Regents of the University System of Georgia.

HR 382. By Representative King of the 96th:
A RESOLUTION
Relative to the energy crisis and present economic conditions; and for other purposes.
WHEREAS, Georgia and our nation are suffering an energy crisis, triggered by our dependence on foreign supplies of petroleum; and
WHEREAS, Georgia must have adequate supplies of gas, fuel oil, coal and electrical power to support our commercial, manufacturing and utility industries which are so vital to the creation of jobs, the manu facturing of products and our continued prosperity; and
WHEREAS, Georgia must have sufficient supplies of energy to support the needs of our homeowners; and

3324

JOURNAL OF THE HOUSE,

WHEREAS, the cost of all natural resources used in production have increased tremendously because of shortages and other factors over which our commerce, industry and utilities have had no control; and

WHEREAS, the increased costs of basic natural resources cited herein have to be passed on to the consumers, including industries and utilities, because the increased costs are caused by factors beyond the control of our industries, commercial establishments and utilities; and

WHEREAS, the members of the Georgia House of Representatives are aware of the critical condition in which our industries and utility companies find themselves because of shortages in natural resources and increased costs forced on them by factors beyond their control; and

WHEREAS, the members of the House of Representatives are fully aware that in order to have a good business climate, which encourages expanded capital improvements and job opportunities, our business com munity and utility companies must meet their responsibilities by con tinuing to create energy resources to meet the needs of Georgians.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body favors and will vigorously sup port a business climate in Georgia best conducive to capital expansion, increased job opportunity and expansion of energy production so that the needs of Georgia's consumers and industry will be met and Georgians will continue to prosper under the private enterprise system.

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 Industry Division of the Department of Community Development and to the Georgia Chamber of Commerce.

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

SB 227. By Senator Stephens of the 36th:
A Bill to amend an Act providing for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem taxation purposes and providing for a different rate, method of assess ment and manner of collecting ad valorem taxes due thereon, so as to give the tax collectors and tax commissioners of the various counties the power to assess for taxation motor vehicles which should have been returned in their county and which were not; and for other purposes.
Referred to the Committee on Ways and Means.

SB 325. By Senator Garrard of the 37th:
A Bill to require bond from certain agents, collection agents and certain others who receive or handle monies for payment to third parties; to

WEDNESDAY, MARCH 19, 1975

3325

prevent fraud or misappropriation of funds by certain agents; and for other purposes.
Referred to the Committee on Judiciary.

SB 374. By Senator Stephens of the 36th, Hudson of the 35th and Garrard of the 37th:
A Bill to provide that in all municipalities of this State having a popula tion of 400,000 or more each school bus driver, who is employed by an individual or private corporation and who through such individual or corporation transports students to public schools within such a munici pality, shall be in good physical and mental health and of good moral character; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SR 59. By Senator Stephens of the 36th:
A Resolution proposing an amendment to the Constitution so as to provide that the homestead of each resident of each independent school district who is 62 years of age or over and who has an adjusted gross income, including the adjusted gross income of certain members of the family, not exceeding $6,000 per annum, may be granted an exemption from all ad valorem taxation for educational purposes levied for and in behalf of such systems; and for other purposes.
Referred to the Committee on Ways and Means.

SR 60. By Senator Stephens of the 36th:
A Resolution proposing an amendment to the Constitution so as to provide that the homestead of each resident of each county school dis trict who is 62 years of age or over and who has an adjusted gross income, including the adjusted gross income of certain members of the family, not exceeding $6,000 per annum, may be granted an exemption from all ad valorem taxation for educational purposes levied for and in behalf of such systems; and for other purposes.
Referred to the Committee on Ways and Means.

SR 148. By Senator Kidd of the 25th:
A Resolution authorizing the conveyance of certain real property located in Baldwin County; and for other purposes. Referred to the Committee on State Institutions & Property.

SR 151. By Senator Lewis of the 21st:
A Resolution authorizing the conveyance of certain real property located in Jenkins County; and for other purposes. Referred to the Committee on State Institutions & Property.

3326

JOURNAL OF THE HOUSE,

SR 157. By Senator Russell of the 10th:
A Resolution authorizing the lease of certain real property located in Grady County; and for other purposes. Referred to the Committee on State Institutions & Property.

SR 163. By Senator Summers of the 53rd:
A Resolution proposing an amendment to the Constitution so as to provide for a certain disposition of fees, costs and fines received or collected by the Tax Commissioner of Chattooga County from the Board of Education of Chattooga County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 144. By Senators Banks of the 17th, Ballard of the 45th, Lewis of the 21st and Barnes of the 33rd:
A Bill to be entitled an Act to amend Code Title 27, relating to criminal procedure, so as to provide for discovery and inspection in criminal cases; and for other purposes. Referred to the Committee on Judiciary.

SB 193. By Senators McDowell of the 2nd and Riley of the 1st:
A Bill to provide that all sales at retail or any alcoholic beverages, dis tilled spirits, malt beverages or wine shall be for cash only; to provide that it shall be unlawful for any retailer to barter, trade, exchange or swap any alcoholic beverages for any goods or services other than for cash; and for other purposes. Referred to the Committee on Temperance.

SB 394. By Senators Dean of the 31st, Sutton of the 9th and Carter of the 14th:
A Bill to authorize the State Personnel Board to provide a health in surance plan for public school employees of the State of Georgia; and for other purposes. Referred to the Committee on Education.

SB 400. By Senator Sutton of the 9th:
A Bill to be entitled an Act to amend Code Section 68A-1106 relating to riding in house trailers, so as to limit the provisions of said Section to towed house trailers; and for other purposes. Referred to the Committee on Motor Vehicles.

Representative Connell of the 87th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

THURSDAY, MARCH 20, 1975

3327

Representative Hall, Atlanta, Georgia Thursday, March 20, 1975

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

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

Adams, G. D. Adams, John Adams, Marvin Bailey Banks Battle Baugh Beck Beckham Berry Bolster Bowman Bray Buck Burruss Burton Calhoun Games Carr Carrell Carter Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton Cole Collins Colwell Connell Cooper Cox Crawford Culpepper Dent Dixon Dover Edwards, C. W. Edwards, W. Egan Elliott Evans, B.

Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Gignilliat Glanton Glover Greer Ham Hamilton Harden Harris, B. B. Harris, J. F. Harrison Hawkins Hays Hill, B. L. Holmes Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett

Leonard Linder Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald Miles Milford Mostiler Mullinax Nessmith Nix Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Ray Reaves Richardson Ross Rush Russell, J. Russell, W. B.
Sams Shanahan Sheats Sigman Sizemore Smith, J. R.

3328
Smith, V. B. Smyre Stone Sweat Taggart Thomason Thompson Tolbert Town send

JOURNAL OP THE HOUSE,

Triplett Tucker Twiggs Vaughn Waddle Walker Wall Ware

Watson West White Whitmire Williamson Wilson Wood Mr. Speaker

Those not answering to their names were Representatives:

Alexander Bargeron Blackshear Brown Carlisle Coleman Daugherty Davis

Dean Gammage Harris, J. G. Hatcher Hill, G. Horton Lambert Matthews, C.

McKinney Petro Scott Snow Toles Wheeler Williams

The following prayer was offered by the Reverend A. E. Bishop, Pastor, Tyson Memorial United Methodist Church, Moultrie, Georgia:
Our God and Our Father, give us grateful hearts as we begin our work today. Our Father, we would join with the Psalmist who said so long ago:
"Bless the Lord, 0 my soul: and all that is within me, bless his holy name. Bless the Lord, O my soul, and forget not all his benefits: Who forgiveth all thine iniquities; who healeth all thy diseases; Who redeemeth thy life from destruction; who crowneth thee with lovingkindness and tender mercies; Who satisfieth thy mouth with good things; to that thy youth is renewed like the eagle's."
Our Father, give us inspiration today as though the sun of a new spiritual springtime had arisen in our soul. In the stillness of our hearts today, we thank Thee for these men and women. For the dedication of their talents to building up of our State and the continued freedom of our nation. Help them to feel Thy Holy nearness they they labor today. Deliver us, we pray, from the loss of faith in others or in ourselves or in Thee. 0 God, keep strong the torch of hope and courage in our hearts. Our Father, deliver us from fears that frighten us, anxieties that harass us, cowardice that defeats us and the loss of Thy companionship without which no soul can be strong.
Our Father, help us to be sensitive to the true needs of our people that we represent and yet give us clarity of vision, independence of mind and courage of will that we may live according to our best conscience without fear or favor of the multitudes.

THURSDAY, MARCH 20, 1975

3329

Our Father, forgive us of our sins, bless our loved ones and friends back at home and we would be sure to give you the honor, the glory and the praise.

Through Jesus Christ our Lord.

AMEN.

Representative Nessmith of the 82nd, 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:

HOUSE RULES CALENDAR

Thursday, March 20, 1975

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Thursday, March 20, 1975, and submits the following:

HB

105. Elections; Registration by Mail

HB

112. Felony, Confiscation & Sales of Articles Used in Claim

HB

214. Service of Notices, Incorporated Cities

HB

284. State Auditor, Salary & Expenses

HB

395. Motor Vehicle License Plate, Single Class

3330

JOURNAL OF THE HOUSE,

HB

414. Alcoholic Beverages, Quantity Possessed (Reconsidered)

HB

425. Sexual Crimes; Punishment

HB

529. Sales & Use Tax; Credit Allowed; Returned Prop.

HB

626. Trustee; Authorized to Sell or Grant Options

HB

731. Births of Children; Repeal White or Colored Parent

HB

857. Weapons; Amend Certain Code Sections

HB

908. Vehicles; Remove from Highway. If Stopped Certain Time

HB

972. Code of Ethics; All Boards, Comm. & Authorities

HB 1018. State Purchases, Preference to Ga. Materials

HB 1019. MARTA, Purchases, Preference to Ga. Materials

HB 1209. Introduction of Bills; Time Limitation & Fiscal Notes

HB 1210. Fiscal Affairs Subcommittee within each House; Create

HR 78- 325. Supreme Court and Court of Appeals, Jurisdiction

HR 310-1151. Chattooga Lake State Park; Rename "James H. 'Sloppy' Floyd State Park"

HR 347-1177. Grant State Owned Easement to Fulton County

HR 350-1195. Paulding County Law Library, State Furnish Books

SB

9. Retirement Pension Bills; Attach Fiscal Notes

SB

102. Teachers Retirement System; Eligibility-Service

SB

118. Disabled Veterans, Free Auto Tags

SB

125. Legal Rate of Interest; Lender Charge; Service Charge

SB

126. Interest on Loans; Lender Charge Service Fees

SB

141. Campaign Financing Disclosure Act; Amend

SB

148. Branch Banks; Within Adjacent Counties

SB

156. Health Insurance Plan; State Personnel Board

SB

160. MARTA; Membership of Board of Directors

SB

163. Mentally Retarded Offenders; Education, Etc.

SB

175. State Library; Relating to

SB

188. Child Abuse, Confidential Records

SB

189. Equine Infection Anemia; Provide for Control

SB

240. Douglas Judicial Circuit; Create

SB

247. Secondary Security Deeds; Change Int. on Principal Amount

SB

251. Public Transportation Code; Contracts

SB

271. Peace Officers Stds. & Training Act, Membership

THURSDAY, MARCH 20, 1975

3331

SB

285. Consumer Advisory Board, Create

SB

308. Certified Water and Wastewater, State Board of Examiners

SB

324. PSC; Operation of & The Administration of Duties

SB

351. Loans--Secured by Residential Property; Interest Chgs.

SB

368. Deceased Employees' Survivors, Wages increased

SB

377. Cas. Ins.; Mandatory Agreements

SR

99. Honeybee, Official State Insect

The Speaker shall have the right to call the above Bills and Resolutions in a-ny order which he may desire.
Respectfully submitted, Lee of the 72nd, Chairman.

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

HR 371-1210. By Representative Sigman of the 74th:
A Resolution creating the Newton County Local Legislative Study Com mittee; and for other purposes.

HB 1211. By Representative Evans of the 99th:
A Bill to amend an Act levying a tax on the sale and use of cigars, cigarettes, little cigars, churoots and stogies, so as to provide that the tax on cigars shall be collected and paid in the same manner as taxes on cigarettes; and for other purposes.

HB 1212. By Representatives Larsen of the 27th, and Elliott of the 49th:
A Bill to amend Code Chapter 27-14, relating to arraignment and pleas, so as to prohibit a judge from accepting a guilty plea unless the plea is voluntarily and intelligently made and certain matters appear from the record; and for other purposes.

SB 227. By Senator Stephens of the 36th:
A Bill to amend an Act providing for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem taxation purposes and providing for a different rate, method of assess ment and manner of collecting ad valorem taxes due thereon, so as to give the tax collectors and tax commissioners of the various counties the power to assess for taxation motor vehicles which should have been returned in their county and which were not; and for other purposes.

3332

JOURNAL OF THE HOUSE,

SB 325. By Senator Garrard of the 37th:
A Bill to require bond from certain agents, collection agents and certain others who receive or handle monies for payment to third parties; to prevent fraud or misappropriation of funds by certain agents; and for other purposes.

SB 374. By Senator Stephens of the 36th, Hudson of the 35th and Garrard of the 37th:
A Bill to provide that in all municipalities of this State having a popula tion of 400,000 or more each school bus driver, who is employed by an individual or private corporation and who through such individual or corporation transports students to public schools within such a munici pality, shall be in good physical and mental health and of good moral character; and for other purposes.

SR 59. By Senator Stephens of the 36th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the homestead of each resident of each independent school district who is 62 years of age or over and who has an adjusted gross income, including the adjusted gross income of certain members of the family, not exceeding $6,000 per annum, may be granted an exemption from all ad valorem taxation for educational purposes levied for and in behalf of such systems; and for other purposes.

SR 60. By Senator Stephens of the 36th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the homestead of each resident of each county school district who is 62 years of age or over and who has an adjusted gross income, including the adjusted gross income of certain members of the family, not exceeding $6,000 per annum, may be granted an exemption from all ad valorem taxation for educational purposes levied for and in behalf of such systems; and for other purposes.

SR 148. By Senator Kidd of the 25th:
A Resolution authorizing the conveyance of certain real property located in Baldwin County; and for other purposes.

SR 151. By Senator Lewis of the 21st:
A Resolution authorizing the conveyance of certain real property located in Jenkins County; and for other purposes.

SR 157. By Senator Russell of the 10th:
A Resolution authorizing the lease of certain real property located in Grady County; and for other purposes.

THURSDAY, MARCH 20, 1975

3333

SR 163. By Senator Summers of the 53rd:
A Resolution proposing an amendment to the Constitution so as to pro vide for a certain disposition of fees, costs and fines received or collected by the Tax Commissioner of Chattooga County from the Board of Edu cation of Chattooga County; and for other purposes.

SB 144. By Senators Banks of the 17th, Ballard of the 45th, Lewis of the 21st and Barnes of the 33rd:
A Bill to be entitled an Act to amend Code Title 27, relating to criminal procedure, so as to provide for discovery and inspection in criminal cases; and for other purposes.

SB 193. By Senators McDowell of the 2nd and Riley of the 1st:
A Bill to provide that all sales at retail or any alcoholic beverages, distilled spirits, malt beverages or wine shall be for cash only; to pro vide that it shall be unlawful for any retailer to barter, trade, exchange or swap any alcoholic beverages for any goods or services other than for cash; and for other purposes.

SB 394. By Senators Dean of the 31st, Sutton of the 9th and Carter of the 14th:
A Bill to authorize the State Personnel Board to provide a health insur ance plan for public school employees of the State of Georgia; and for other purposes.

SB 400. By Senator Sutton of the 9th:
A Bill to be entitled an Act to amend Code Section 68A-1106 relating to riding in house trailers, so as to limit the provisions of said Section to towed house trailers; and for other purposes.

Representative Matthews of the 145th District, Chairman of the Committee on Agriculture, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture 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 145. Do Pass.
Respectfully submitted, Matthews of the 145th, Chairman.

3334

JOURNAL OF THE HOUSE,

Representative Ross of the 76th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 394. Do Pass.
Respectfully submitted, Ross of the 76th, Chairman.

Representative Rainey of the 135th District, Chairman of the Committee on Game, Fish and Recreation, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish and Recreation has had under consideration the following Bill of the Senate and has instructed me to report same back to the House with the following recommendation:
SB 342. Do Pass. Respectfully submitted, Rainey of the 135th, Chairman.
Representative Lane of the 81st District, Chairman of the Committee on Highways, submitted the following report:
Mr. Speaker:
Your Committee on Highways has had under consideration the following Bill and Resolution of the House and has instructed me to report same back to the House with the following recommendations:
HB 1077. Do Pass. HB 307-1138. Do Pass.
Respectfully submitted, Lane of the 81st, Chairman.

Representative Horton of the 43rd District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker: Your Committee on Industry has had under consideration the following Bills

THURSDAY, MARCH 20, 1975

3335

of the Senate and has instructed me to report same back to the House with the following recommendations:
SB 395. Do Pass.
SB 386. Do Pass.
Respectfully submitted, Horton of the 43rd, Chairman.

Representative 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 Senate and has instructed me to report same back to the House with the following recommendations:
SB 144. Do Pass
HB 797. Do Pass. HB 799. Do Pass. HB 798. Do Pass, as Amended.
Respectfully submitted, Snow of the 1st, Chairman.

Representative Reaves of the 147th District, Chairman of the Committee on Natural Resources submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources has had under consideration the fol lowing Resolution of the House and has instructed me to report same back to the House with the following recommendation:
HR 353-1210. Do Pass. Respectfully submitted, Reaves of the 147th, Chairman.

Representative Thompson of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol-

3336

JOURNAL OF THE HOUSE.

lowing Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:
SB 7. Do Pass. SB 200. Do Not Pass. SB 110. Do Pass. HB 1148. Do Pass, as Amended. HB 814. Do Pass, by Substitute. SB 280. Do Pass. SB 24. Do Not Pass.

Respectfully submitted, Thompson of the 93rd, Chairman.

Representative Triplett of the 128th District, Chairman of the Committee on Special Rules, submitted the following report:
Mr. Speaker:
Your Committee on Special 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 316. Do Pass.
Respectfully submitted, Triplett of the 128th, Chairman.

Representative Howell of the 140th District, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bill and Resolution of the Senate and has instructed me to report same back to the House with the following recommendations:
SB 369. Do Pass, as Amended.
SR 140. Do Pass.
Respectfully submitted, Howell of the 140th, Chairman.

THURSDAY, MARCH 20, 1OT5

3337

Representative Adams of the 36th 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 Legisla tion, 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 99. Do Pass. HB 102. Do Pass, by Substitute. HB 405. Do Pass, by Substitute. HB 461. Do Pass, as Amended. HB 1142. Do Pass. HB 1170. Do Pass. HB 1202. Do Pass. HB 1203. Do Pass. HB 1205. Do Pass. HB 1206. Do Pass. HB 1207. Do Pass. SB 73. Do Pass. SB 112. Do Pass, by Substitute. SB 124. Do Pass. SB 213. Do Pass. SB 215. Do Pass. SB 220. Do Pass. SB 225. Do Pass. SB 310. Do Pass. SB 384. Do Pass.
Respectfully submitted, Adams of the 36th, Chairman.

Representative Dixon of the 151st District, Chairman of the Committee on Temperance, submitted the following report:
Mr. Speaker:
Your Committee on Temperance has had under consideration the following

3338

JOURNAL OP THE HOUSE,

Bill of the House and has instructed me to report same back to the House with the following recommendation:
HB 1138. Do Pass.

Respectfully submitted, Dixon of the 151st, Chairman.

Representative Gignilliat of the 122nd District, Vice-Chairman of the Com mittee 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 312. Do Pass.
Respectfully submitted, Gignilliat of the 122nd Vice-Chairman.

By unanimous consent, all House Bills and Resolutions passed the House this day were ordered immediately transmitted to the Senate.

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

HB 102. By Representative Greer of the 43rd:
A Bill to amend an Act providing that cities having a certain population (500,000 or more) shall furnish benefits to officers and employees of such cities, so as to change the composition of the board of trustees; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act approved August 20, 1927 (Ga. Laws 1927, p. 265), providing that cities having a certain population shall furnish benefits to officers and employees of such cities and for such other purposes set forth in the caption of said Act, as amended, partic ularly by an Act approved April 9, 1963 (Ga. Laws 1963, p. 3061), and by an Act approved March 28, 1974 (Ga, Laws 1974, p. 3546), so as to change the composition of the board of trustees; to provide for the elec tion of certain members to said board; to change the provisions relating

THURSDAY, MARCH 20, 1975

3339

to officers of the board of trustees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act approved August 20, 1927 (Ga. Laws 1927, p. 265), providing that cities having a certain population shall furnish benefits to officers and employees of such cities and for such other purposes set forth in the caption of said Act, as amended, particularly by an Act approved April 9, 1963 (Ga. Laws 1963, p. 3061), and by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3546), is hereby amended by striking in its entirety the first paragraph of Section 2 of said 1963 amendatory Act and inserting in lieu thereof a new paragraph to read as follows:
"Section 2. There is hereby established a board of trustees, whose duty it shall be to see that the provisions of this Act are carried out and that funds are kept separate. Said board of trustees shall be composed of the mayor, the city director of finance, one member of the Council to be appointed by the mayor annually and one member of the board of education to be elected annually by the board of education. There shall also be three members to be elected every four years by the members of the school department participating in said pension plan. The present two members of said board of trustees so elected shall serve for the remainder of their respective terms of office, and thereafter such members shall be elected for a term of four years in January of the year when the term of each member expires. The third member elected by the school department shall initially be elected for a term which expires February 1, 1977. Thereafter, his successor shall be elected in January, 1977, and in January each four years thereafter for a term of four years. There shall also be three members to be elected every four years by the nonschool employees participating in said pension plan. The present two members of said board of trustees so elected shall serve for the remainder of their respective terms of office, and thereafter such members shall be elected for a term of four years in January of the year when the term of each member expires. The third member elected by the nonschool employees shall initially be elected for a term which expires February 1, 1977. Thereafter, his successor shall be elected in January, 1977, and in January each four years there after for a term of four years. The board of trustees shall also in clude one member elected every four years by the retired members of the school department participating in said pension plan and one member elected every four years by the retired nonschool employees participating in said pension plan. These two members of the board of trustees elected by the retired participants in said pension plan shall be elected in January of 1974 and in January each four years thereafter for terms of four years. Any trustee who is not a member by virtue of his office and who misses three consecutive meetings, after being properly notified thereof, shall be replaced as a trustee at the next scheduled election."

Section 2. Said Act is further amended by striking from the last paragraph of Section 2 the following:

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JOURNAL OF THE HOUSE,

"Said board of trustees shall elect a chairman and a secretary thereof and all members of the board shall serve without pay except the secretary who shall be paid $50 per month from the pension fund.",
and inserting in lieu thereof the following:
"The board of trustees shall elect, at its first meeting of each new year, a chairman, vice chairman, secretary, and treasurer. The chairman, vice chairman, and treasurer must be members of the board of trustees. The secretary may be a member or a nonmember of the board of trustees, and shall be compensated in the sum of $50 per month if, and only if, he is a nonmember of the board of trustees.",

so that when so amended, the last paragraph of Section 2 shall read as follows:
"In all cities subsequently coming under this Act, the first elec tions shall be held at the first regular meeting of the governing au thorities of said city after the population shall be determined. The board of trustees shall elect, at its first meeting of each new year, a chairman, vice chairman, secretary, and treasurer. The chairman, vice chairman, and treasurer must be members of the board of trustees. The secretary may be a member or a nonmember of the board of trustees, and shall be compensated in the sum of $50 per month if, and only if, he is a nonmember of the board of trustees. When any pension has been granted by said board, a check shall be drawn on the fund provided for the payment of the pension each month during the life of the pensioner, signed by the mayor and countersigned by the secretary. The board of trustees shall be au thorized to pay out of the pension fund all necessary expenses in the operation of said board. Said board is authorized to make all neces sary rules for the carrying out of the provisions of this Act, to rec oncile conflicts therein, if any shall exist, and to provide for the equitable disposition of any matter not specifically covered by this Act, provided that all such rules must be consistent with the terms and spirit of this Act. Provided that if such city has an administra tive assistant to the mayor that the mayor shall have the privilege of designating such administrative assistant to the mayor to serve on the board of trustees in his stead and, when so acting, he shall have all the powers herein conveyed to the mayor."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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

On the passage of the Bill, by substitute, the ayes were 150, nays 0.

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

THURSDAY, MARCH 20, 1975

3341

HB 405. By Representatives McKinney of the 35th, Sheats of the 28th, Scott of the 37th and others:
A Bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to authorize the sale of alcoholic beverages and liquors during certain hours in certain establish ments on Sundays in all municipalities in this State having populations of not less than 300,000; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act approved March 10, 1972 (Ga. Laws 1972, p. 207), so as to authorize the sale of distilled spirits, malt beverages or wine during certain hours in certain establishments on Sundays in all munici palities in this State having populations of not less than 300,000; to provide for severability to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is now the second most popular of the thirteen southern states in travel and tourism; and
WHEREAS, the large cities of Georgia have become major travel destinations for domestic and international visitors and convention delegates; and
WHEREAS, the travel and convention industry contributes ever $1 billion to the State's economy, and more than $72 million in tax revenue each year and gives jobs to more than 125,000 persons; and
WHEREAS, it is important to provide travelers and convention delegates with the usual conveniences and attractions to which they are accustomed; and
WHEREAS, the availability of properly controlled spirituous, malt and vinous beverages by the drink has been a major asset to the growth of Georgia's travel and convention industry, as well as to the general economy of the State; and
WHEREAS, many local businesses, their employees, their owners and the general economy of large metropolitan areas of the State depend on the continued health of Georgia's travel and convention industry; and
WHEREAS, the continued economic health and growth of the Geor gia travel and convention industry depends on maintaining a strong competitive advantage over other states, regions, and other countries of the world.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:

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JOURNAL OF THE HOUSE,

Section 1. An Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act approved March 10, 1972 (Ga. Laws 1972, p. 207), is hereby amended by adding to the end of Section 28 the following:

"It shall be lawful to sell distilled spirits, malt beverages or wine on Sundays between the hours of 12:30 p.m. and 12:00 o'clock midnight in public stadiums, coliseums, and auditoriums with a seating capacity in excess of 12,000 persons, and in eating establish ments as defined herein in all municipalities of this State having populations of 300,000 or more, according to the United States Decennial Census of 1970 or any such future census. For the purpose of this Section, 'eating establishment' shall mean an establishment which is licensed 'to sell distilled spirits, malt beverages or wine and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food."

Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that
such part or parts hereof would be declared or adjudged invalid or un constitutional.

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

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

On the passage of the Bill, by substitute, the ayes were 150', nays 0.

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

HB 461. By Representative Brown of the 34th:
A Bill to amend an Act approved February 15, 1952 creating a Joint CityCounty Board of Tax Assessors in counties containing the greater part of the City of 3'00,OOO or more to require the Board Chairman to certify, file and furnish the original and copies of the Tax Digest and to provide for supplemental digests; and for other purposes.

THURSDAY, MARCH 20, 1975

3343

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 461 as follows:

By inserting the words "or his successor" following the word "Board" on line 10, page 1.

By striking on line 13, page 1; beginning with the words "and to provide" and continuing through the words "supplemental digests" on line 14, page 1.

By inserting the words "or his successor" following the word "chair man" on line 25, page 1.

By striking the sentence beginning on line 4, page 2; beginning with the words "Any return" in its entirety.

By inserting the words "or his successor" following the word "as sessors" on line 18, page 2.

By striking the sentence beginning on line 31, page 2; beginning with the words "Any return" in its entirety.

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 150, nays 0.

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

SB 112. By Senator Lester of the 23rd:
A Bill to provide the procedure whereby a Judge of the Probate Court of Richmond County shall be eligible to become a Judge Emeritus of the Probate Court of Richmond County; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide the procedures whereby a Judge of the Probate Court of Richmond County (formerly the Court of Ordinary) shall be eligible to become a Judge Emeritus of the Probate Court of Richmond County; to provide for the power, duties and responsibilities

3344

JOURNAL OF THE HOUSE,

of such judge emeritus; to provide for the pension of such judge emeritus; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Any Judge of the Probate Court of Richmond County (formerly the Court of Ordinary) who shall have at least fifteen years of service as judge of said court and ten years in the employment of the county and shall have attained the age of fifty-five years and who is still in service as such judge at the time of his eligibility, shall be eligible to become judge emeritus at his discretion at any time after becoming eligible by presenting evidence of his or her eligibility to the governing authority of his or her county, at which time he or she shall become judge emeritus.
Section 2. When said judge becomes judge emeritus of said court, the vacancy in office thus created shall be filled as required by law.

Section 3. The said judge emeritus shall be empowered, qualified and authorized to hold court whenever the regularly elected judges of said court consider the condition of the docket congested to the extent that the services of an extra judge are needed, or when the regular elected judge feels that the needs of justice will be best met by said judge emeritus presiding, or where or when said regular elected or ap pointed judge of the probate court is disqualified by law. The judge emeritus may be called into service by order passed by the regular elected judge of said probate court.
Section 4. The judge emeritus shall not hold any compensating posi tion with Richmond County, or the State of Georgia, or any agency of the same except upon taking a leave of absence as such judge emeritus and forever waiving and relinquishing his or her pension during and for such leave of absence; the judge emeritus shall be disqualified from en gaging in the practice of law in any court, in which he or she is qualified to serve as judge pro hac vice.
Section 5. Said judge emeritus shall be entitled to receive and shall receive a pension of fifty percent (50%) of the total amount received while a regular judge as computed on the twelve-month period immedi ately prior to becoming judge emeritus, to be paid monthly out of the treasury of the county, by the person or persons charged by law with paying out the money of said county. Provided, however, if the said judge shall choose to become judge emeritus at some point in time be yond his or her fifty-fifth birthday, he or she shall receive as pension two percent (2%) more (of the total amount received while a regular judge as computed on the twelve-month period immediately prior to be coming judge emeritus) per year for each year beyond his or her fiftyfifth birthday up to age sixty. Provided, further, in the event the said judge shall become incapacitated (mentally or physically) prior to reach ing age fifty-five, he or she shall be deemed to have reached his or her fifty-fifth birthday for the purposes of receiving the benefits provided by this Act.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

THURSDAY, MARCH 2,0, 1975

3345

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 150, nays 0.

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

HB 99. By Representative Greer of the 43rd:
A Bill to amend an Act providing that cities having a certain population (500,000 or more) shall furnish pensions to officers and employees of such cities, so as to provide credit for fractional years of service; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

HB 1142. By Representatives Peters of the 2nd and Leonard of the 3rd:
A Bill to amend an Act placing the Sheriff of Catoosa County on an annual salary in lieu of the fee system of compensation so as to change the compensation provisions relating to the deputies and the radio operators; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

HB 1170. By Representative Carnes of the 43rd:
A Bill to waive the governmental immunity of Fulton County from claims by Edna H. Sosby, widow of Thomas Franklin Sosby, Ada Lee Avery, widow of Coley Lewis Avery; and Marie Brown Skinner, mother of Gregory Lou Skinner; and Jack Cox, for damages arising from the deaths of Sosby, Avery and Skinner and personal injury to Cox, resulting from collision with a Fulton County vehicle on December 16, 1974; and for other purposes.

3346

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 150, nays 0.

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

HB 1202. By Representative Vaughn of the 57th:
A Bill to fix the compensation of the deputies of the tax commissioners in all counties of this State having a population of not less than 18,100 and not more than 18,250; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

HB 1203. By Representative Vaughn of the 57th:
A Bill to fix the compensation of the deputies of the clerk of the superior court in all counties of this State having a population of not less than 18,100 and not more than 18,250; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

HB 1205. By Representatives Wilson of the 19th, Nix of the 20th, Kreeger of the 21st and others:
A Bill to amend an Act creating the State Court of Cobb County so as to require the solicitor of said court and his staff to perform the same functions in relation to matters within the jurisdiction of the magistrates of said court as they perform in relation to matters within the jurisdic tion of the judges of said court; and for other purposes.

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

THURSDAY, MARCH 20, 1975

3347

On the passage of the Bill, the ayes were 150, nays 0.

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

HB 1206. By Representatives Nix of the 20th, Wilson of the 19th, Kreeger of the 21st and others:
A Bill to amend an Act creating the State Court of Cobb County so as to change the compensation of the solicitor; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

HB 1207. By Representative Tucker of the 73rd:
A Bill to amend an Act creating a new charter for the Town of Locus Grove, approved Aug. 19, 1922, so as to change the term of office of the mayor 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 150, nays 0.

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

SB 73. By Senators Stephens of the 36th and Bond of the 39th:
A Bill to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pension to county employees, as amended; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

3348

JOURNAL OF THE HOUSE,

SB 124. By Senators Pearce of the 16th and Hudgins of the 15th:
A Bill to repeal an Act providing for the compensation of the Judge of the Juvenile Court of certain counties of this State; to provide an effec tive date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 150, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
SB 213. By Senator Stephens of the 36th: A Bill to amend an Act creating and establishing a purchasing depart ment in certain counties, as amended, so as to change the provisions relative to the appointment and terms of a county purchasing agent; to change the provisions relative to purchases without competition; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 215. By Senators Hudson of the 35th, Stephens of the 3(6th and Hamilton of the 34th:
A Bill to fix the salary of the First Assistant Solicitor, the Assistant Solicitors and the Special Assistant to the Solicitor General of the Criminal Court of Fulton County; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

SB 220. By Senator Stephens of the 36th:
A Bill to provide that in certain counties zoning and building inspectors shall have authority to issue citations for persons who shall violate zon ing ordinances or building codes; and for other purposes.

THURSDAY, MARCH 2,0, 1975

3349

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

On the passage of the Bill, the ayes were 150, nays 0.

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

SB 225. By Senator Stephens of the 36th:
A Bill to amend Code Chapter 24-27, pertaining to clerks of the superior court, as amended, so as to provide that in counties having a population of 600,000 or more, according to the 1970 United States Decennial Census or any future census, no cost deposit shall be required in civil actions, but all fees shall be collected at the time of performing services; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

SB 310. By Senator McGill of the 24th:
A Bill to reincorporate the City of Crawfordville in the County of Taliaferro; to create a new charter for 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 150, nays 0.

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

SB 384. By Senator Kidd of the 25th:
A Bill to amend an Act creating a new Charter for the City of Gordon, Georgia, as amended, so as to change the provisions relating to the election of the mayor and aldermen and their term 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 150, nays 0.

3350

JOURNAL OP THE HOUSE,

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

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit:
SB 393. By Senator Kennedy of the 4th:
A Bill to create the Multi-City Water and Sewerage Authority to func tion in Evans County, Georgia; to authorize the Authority to acquire, construct, add to, extend, improve, equip, operate and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corpora tions, the State of Georgia, its political subdivisions and instrumentalities thereof.
SB 391. By Senators Hudgins of the 15th and Pearce of the 16th:
A Bill to provide for the creation of a Hospital Authority in each munici pality of the State having a population in excess of 100,000 and located in a county having a population of not less than 165,000 nor more than 180,000, according to the United States Decennial Census of 1970 or any future such census; to define certain terms, to provide for the member ship of the Authority, their powers and compensation.
HB 506. By Representatives Rush of the 121st and Fraser of the 139th:
A Bill to amend an Act establishing the Board of Commissioners of Long County so as to provide for an operating budget for the county.

HB 507. By Representatives Rush of the 121st and Fraser of the 139th:
A Bill to amend an Act establishing the Board of Commissioners of Long County so as to change the provisions relative to the compensation of the clerk of the commissioners.

HB 698. By Representatives Leggett of the 153rd, and Harden of the 154th:
A Bill to amend an Act placing the Tax Commissioner of Glynn County on an annual salary so as to change certain provisions relating to the compensation of the deputy.

HB 755. By Representatives Harden of the 154th, and Leggett of the 153rd:
A Bill to amend an Act placing the Sheriff of Glynn County upon an annual salary so as to change the provisions relating to personnel with the sheriff's office.

THURSDAY, MARCH 20, 1975

3351

HB 793. By Representatives Poster and Wheeler of the 152nd:
A Bill to provide for expense allowances for the chairman and members of the board of commissioners in all counties of this State having a population of not less than 5,900 and not more than 6,000.

HB 919. By Representatives Foster and Wheeler of the 152nd:
A Bill to provide for a cost-of-living increase in compensation for the sheriff, Probate Court Judge, Clerk of Superior Court and Tax Com missioner of Brantley County.

HB 920. By Representatives Harris and Stone of the 138th:
A Bill to amend an Act creating a new charter for the City of Odum, so as to redefine the town limits.

HB 942. By Representatives Foster and Wheeler of the 152nd:
A Bill to provide for the election of members of the Board of Education of Brantley County; to provide for education posts.

HB 968. By Representatives Rush of the 121st, and Fraser of the 139th:
A Bill to abolish the present mode of compensating the Judge of the Probate Court of Long 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.

HB 969. By Representatives Rush of the 121st, and Fraser of the 139th:
A Bill to consolidate the offices of Tax Receiver and Tax Collector of Long County into the office of the Tax Commissioner of Long County; to provide for the rights; duties and liabilities of said office; to provide for the election of the tax commissioner.

HB 970. By Representatives Rush of the 121st, and Fraser of the 139th:
A Bill to abolish the present mode of compensating the Clerk of the Superior Court of Long 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.

HB 987. By Representative Smith of the 78th:
A Bill to amend an Act placing the Sheriff of Butts County upon an annual salary in lieu of the fee system of compensation so as to change the compensation of the Sheriff.

3352

JOURNAL OF THE HOUSE,

HB 1043. By Representatives Poster and Wheeler of the 152nd:
A Bill to provide for a cost-of-living increase in compensation for the Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court and the Tax Commissioner of Camden County; to provide for the pay ment of the cost-of-living increase in compensation out of the general funds of Camden County.

HB 1049. By Representatives Johnson and Harris of the 8th: A Bill to recreate and reincorporate the City of Woodstock.

HB 1052. By Representative Sizemore of the 136th:
A Bill to provide for the election of members of the Board of Education of Worth County by the people and for the appointment of the County School Superintendent of Worth County by the Board.

HB 1060. By Representative Murphy of the 18th:
A Bill to amend an Act incorporating the City of Buchanan so as to change the provisions relating to the mayor's court and the punishments which may be imposed by said court.

HB 1062. By Representative 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 of Haralson County.

HB 1063. By Representative Murphy of the 18th:
A Bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Haralson County into the office of Tax Commissioner of Haralson County so as to change the provisions relating to the compensa tion of the clerical assistant of the tax commissioner.

HB 1064. By Representative Murphy of the 18th:
A Bill to amend an Act placing the Sheriff and Judge of the Probate Court of Haralson County on an annual salary in lieu of the fee system of compensation so as to change the provisions relating to deputies of the sheriff; to authorize the sheriff to appoint two additional full-time deputy sheriffs and two part-time deputy.

HB 1065. By Representative Murphy of the 18th:
A Bill to amend an Act placing the Sheriff and Judge of the Probate Court of Haralson County on an annual salary in lieu of the fee system of compensation so as to change the provisions relating to the compensa tion of the clerk of the Judge of the Probate Court.

THURSDAY, MARCH 20, 1975

3353

HB 1069. By Representatives Keyton of the 143rd, and Reaves of the 147th:
A Bill to provide a new charter for the City of Barwick, Georgia, in the Counties of Thomas and Brooks.

HB 1061. By Representative Murphy of the 18th:
A Bill to amend an Act providing an annual salary for the Treasurer of Haralson County so as to change the compensation of the Treasurer of Haralson County.

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

HB 290. By Representatives Adams of the 36th, and Carnes and Greer of the 43rd:
A Bill to amend the Act approved Aug. 13, 1924, and the several Acts amendatory thereof, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000, so as to provide increased pension benefits for such members and their dependents.

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

HB 625. By Representative Sigman of the 74th:
A Bill to amend an Act providing for a new Board of Education of Newton County so as to change the provisions relative to the Chairman of the Board of Education of Newton County; to change the compensa tion of the members of the board of education.

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

HB 97. By Representative Greer of the 43rd:
A Bill to amend an Act providing that cities having a certain population (500,000 or more) shall furnish pensions to officers and employees of such cities, so as to provide that an accurate statement of accumulations in the pension fund shall be sent to each employee at the end of each year.

HB 139. By Representatives Greer and Carnes of the 43rd and others:
A Bill to amend an Act entitled "An Act to provide for the retirement of the judges and solicitor-general of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County, and the judge of the Juvenile Court of Fulton County.

3354

JOURNAL OF THE HOUSE,

HB 355. By Mrs. Glover of the 32nd:
A Bill 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 provision relative to the elections supervisor.

HB 370. By Mr. Townsend of the 24th:
A Bill to amend an Act abolishing the fee system of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit so as to provide that the compensation of the assistant district attorneys shall be fixed by the district attorney within specified limits.

HB 561. By Representative Edwards of the 110th:
A Bill to amend an Act abolishing the fee system of compensating the sheriff of Marion County and providing in lieu thereof an annual salary so as to change the compensation of the sheriff.

HB 562. By Representative Edwards of the 110th:
A Bill to amend an Act consolidating the Office of Tax Commissioner of Marion County so as to change the compensation of the tax commis sioner.

HB 648. By Representative Eraser of the 139th:
A Bill to amend an Act incorporating the City of Walthourville so as to change certain provisions relating to City elections.

HB 664. By Representative Ham of the 80th:
A Bill to abolish the present mode of compensating the Judge of the Probate Court of Jones 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.

HB 684. By Representative Reaves of the 147th:
A Bill to amend an Act amending, revising, superseding and consolidat ing the laws creating and governing the Board of Commissioners of Echols County so as to change the compensation of the members of of the Board of County Commissioners of Echols County.

HB 685. By Representative Reaves of the 147th:
A Bill to amend an Act placing the Sheriff of Echols County on an annual salary in lieu of the fee system of compensation so as to change the maximum amount which the sheriff may receive as salary.

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3355

HB 748. By Representative Fraser of the 139th:
A Bill to amend an Act creating the Board of Commissioners of Liberty County so as to change the compensation of the chairman and members of the board of county commissioners.

HB 897. By Representative Miles of the 86th:
A Bill to amend an Act establishing the State Court of Richmond County so as to define the duties and powers of said court; to provide that said court shall have jurisdiction and enforce ordinance of the Board of Com missioners of Richmond County.

HB 898. By Representative Miles of the 86th:
A Bill to carry into effect an amendment to the Constitution of the State of Georgia as found in Georgia Laws 1968, p. 1506, so as to empower the governing authority of Richmond County to adopt ordinances for the policing and governing of said county and enforcement of all duties now or hereafter vested in said governing authority.

HB 946. By Representative Dixon of the 151st:
A Bill to amend an Act placing the clerk of the superior court of Charlton County upon an annual salary so as to change the compensation of the clerk.

HB 947. By Representative Dixon of the 151st:
A Bill to amend an Act placing the sheriff and judge of the probate court of Charlton County upon an annual salary so as to change the compensation of the sheriff.

HB 948. By Representative Dixon of the 151st:
A Bill to amend an Act consolidating the offices of the tax receiver and tax collector of Charlton County so as to change the compensation of the tax commissioner; to provide for a change in the disposition of certain commissions allowed tax commissioners.

HB 949. By Representative Dixon of the 151st:
A Bill to provide for the election of members of the Board of Education of Charlton County.

HB 957. By Representative Sweat of the 150th:
A Bill to amend an Act placing the sheriff of Clinch County upon an an nual salary so as to change the compensation of the sheriff; to change the provisions relative to the automobiles used by the sheriff.

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JOURNAL OF THE HOUSE,

HB 958. By Representative Sweat of the 150th:
A Bill to amend an Act creating a new charter for the City of Homerville so as to provide the time period within which candidates shall qualify for the offices of mayor and aldermen; to provide for the num bering of positions of membership on the council.

HB 1003. By Representative Matthews of the 145th:
A Bill to provide a new Charter for the City of Funston, Georgia, in the County of Colquitt.

HB 1007. By Representatives Kreeger of the 21st, Wilson of the 19th, Harrison of the 20th, and others:
A Bill to amend an Act creating a new charter for the City of Smyrna so as to increase the corporate limits of the City of Smyrna.

HB 1057. By Representative Howell of the 140th:
A Bill to amend an Act placing the clerk of the superior court of Seminole County upon an annual salary so as to change the provisions re lating to the payment of personnel within the clerk's office.

HB 1070. By Representative Bray of the 70th:
A Bill to amend an Act providing a new charter for the City of Talbotton so as to change the date for municipal elections, and the provisions relating thereto.

HB 1085. By Representatives Miles of the 86th, Connell of the 87th, and Dent of the 85th:
A Bill 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 Board of Commissioners shall be allowed to pur chase any goods, materials or supplies used by Richmond County in its governmental affairs without bid or legal advertisement when the cost of same does not exceed $1,500.00.

HB 1093. By Representatives Karrh of the 106th, and Clifton of the 107th:
A Bill to create and establish a Small Claims Court in and for Emanuel County.

HB 1113. By Representative Phillips of the 91st:
A Bill to amend an Act placing the Coroner of Harris County upon a monthly salary so as to change the salary of the coroner.

THURSDAY, MARCH 20', 1975

3357

HB 1119. By Representatives Miles of the 86th, Beckham of the 89th, Calhoun of the 88th, and others:
A Bill to provide that in certain counties no company providing water or sewerage services may increase their rates for such services without the approval of the governing authority of the county in which such services are provided.

HB 1122. By Representatives Wall of the 61st, and Russell of the 64th:
A Bill to amend an Act incorporating the Town of Carl so as to change the terms of office of the mayor and councilmen; to set the maximum salary of the mayor and councilmen; to fix the maximum ad valorem tax millage rate; to fix the maximum fee which may be charged for business licenses.

HB 1102. By Representatives Smith of the 78th and Tucker of the 73rd:
A Bill to amend an Act creating a new charter for the City of Jackson so as to provide for the annexation of certain additional territory into the corporate limits of the City of Jackson.

HB 1136. By Representatives Johnson and Harris of the 8th:
A Bill to amend an Act creating a Charter for the Town of Waleska so as to provide for a Recorder's Court; to provide for the jurisdiction of said court.

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

HB 1009. By Representatives Beckham of the 89th, Sams of the .90th, and Calhoun of the 88th:
A Bill to unify the governments of the City of Augusta and Richmond County; to create within Richmond County a single county-wide govern ment through the creation and establishment of a new political entity to be known as "Augusta-Richmond County".

HB 1047. By Representative Irvin of the 10th:
A Bill to amend an Act incorporating the City of Toccoa so as to in crease the number of city commissioners and to provide for their terms of office and to provide for a referendum thereon.

HB 1121. By Representatives Sams of the 90th, Beckham of the 89th, Dent of the 85th and others:
A Bill to provide that in all counties of this State having a population of not less than 145,000 nor more than 165,000 wherein .the sale of alcoholic beverages, distilled spirits, malt beverages or wines is lawfully

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authorized, such sales for consumption on the premises shall be au thorized during certain hours.

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

SR 96. By Senator Reynolds of the 48th:
A Resolution proposing an amendment to the Constitution so as to am plify the areas of regulation of outdoor advertising and junk yards and the acquisition of necessary property interest adjacent to the FederalAid Highway System.

HR 243-984. By Representatives Harden of the 154th, and Leggett of the 153rd:
A Resolution abandoning certain property in the City of Brunswick, Glynn County, Georgia, for use by the Brunswick Port Authority.

HR 348. By Representatives White of the 132nd, Hatcher of the 131st, Burruss of the 21st, and others:
A Resolution urging development of a comprehensive emergency health care system.

HR 356. By Representative Childs of the 51st:
A Resolution expressing regret at the passing of Samuel Trebble Maxwell.

HR 358. By Representatives Jessup of the 117th and Hudson of the 137th: A Resolution commemorating B. Frank Cook.

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

SB 358. By Senator Kidd of the 25th:
A Bill to be entitled an Act to provide for sick leave for teachers in certain public school systems.

SB 397. By Senator Fincher of the 54th:
A Bill to be entitled an Act to amend an Act known as the "Litter Control Law", approved March 20, 1970, as amended, so as to add dis carded automobiles to the definition of the term "litter".

THURSDAY, MARCH 20, 1975

3359

SB 398. By Senator Stephens of the 36th:
A Bill to be entitled an Act to waive the governmental immunity of Fulton County, from claims by Edna H. Sosby, Ada Lee Avery, Marie Brown Skinner and Jack Cox for damages arising from the deaths of Sosby, Avery and Skinner and personal injury to Cox, resulting from collision with a Fulton County vehicle.

SB 221. By Senator Stephens of the 36th:
A Bill to be entitled an Act establishing a Municipal Court of the City of Atlanta (now the Civil Court of Fulton County), as amended, so as to change the cost deposit requirement, and the costs charged by the clerk and marshal of said court.

SB 396. By Senators Garrard of the 37th, Hudson of the 35th, Hamilton of the 34th and others:
A Bill to establish a promotional system for the police departments of all municipalities in this State with a population of 300,000' or more; to provide definitions; to provide a declaration of purpose.

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

SR 168. By Senators Stephens of the 36th, Hudson of the 35th, Hamilton of the 3'4th and others:
A Resolution relative to the Atlanta Board of Education.

The Senate has disagreed to the House substitute to the following Bill of the Senate, to-wit:

SB 10. By Senator Coverdell of the 40th:
A Bill to be entitled an Act relative to ad valorem, excise and other taxes, fees, service charges and assessments due to counties having a population of 600,000 or more or to those municipalities lying wholly or partially within such a county having a population of 400,000 or more.

The Senate has adopted the Committee on Conference report on the following Bill of the Senate, to-wit:

SB 238. By Senators McDowell of the 2nd and Riley of the 1st:
A Bill to provide that in all counties of this State having a population of not less than 180,000 and not more than 190,000 according to the United States Decennial Census of 1970 or any future such census, and in all municipal corporations located within such counties, wherein the

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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.

The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:

SB 244. By Senators Riley of the 1st and McDowell of the 2nd:
A Bill to amend an Act entitled An Act to make the Savannah Port Authority for the harbor and port of Savannah a body corporate and politic; to confer upon it certain powers, duties and jurisdiction; to au thorize the City of Savannah to delegate to it lawful power, authority and function.

Representative Lane of the 40th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 1118. By Representatives Ware of the 68th, Greer of the 43rd, Castleberry of the lllth and others:
A Bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to change certain definitions; to provide for addi tional definitions; to provide minimum insurance coverage for motor cycles or other motor driven vehicles with three or less load bearing wheels; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Banks
Baugh Brown Calhoun Carnes Carrell Carter Clark, Betty Clark, L. Collins
Crawford Culpepper Dent Dover Evans, B.

Evans, W. D. Foster, P. W. Foster, R. L. Glover Greer Harden
Harrison Hatcher Hill, B. L. Hudson Irvin, J. Irvin, R. Irwin Jackson Johnson, W. R.
Karrh Kilgore Lane, Dick Larsen, G. K. Larsen, W. W.

Linder Lucas Mann Matthews, D. R. McDonald Miles
Nix Oxford Parham Parkman Patten, G. C. Patten, R. L. Phillips, L. L. Phillips, W. R. Randall
Ray Reaves Ross Russell, J. Sams

Shanahan Sheats Sizemore Stone Sweat

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3361

Thomason Thompson Tucker Twiggs Walker

Watson White Whitmire Williamson

Those voting in the negative were Representatives

Battle Beck Beckham Berry Bolster Bray Buck Burruss Burton Carlisle Carr Castleberry Childers Childs Cole Connell Cox
Edwards, W. Egan Elliott

Fraser Gignilliat Harris, B. B. Harris, J. F. Hawkins Hays Jones Jordan Keyton Knight Lane, W. J. Lee Leggett Leonard Logan Long Marcus McCollum Mostiler Mullinax

Nessmith Noble Parrish Petro Phillips, R. T. Pinkston Rainey Richardson Rush Sigman Smith, J. R. Taggart Tolbert Triplett Vaughn Waddle Wall Ware Wilson Wood

Those not voting were Representatives :

Bargeron Blackshear Bowman Chance Clifton Coleman Colwell Cooper Daugherty
Da vis
Dean
Dixon
Edwards, C. W.
Pelton
Gammage
Glanton

Ham Hamilton Harris, J. G. Hill, G. Holmes Horton Howard Howell Hutchinson
Jessup
Johnson, R.
King
Kreeger
Lambert
Matthews, C.

McKinney Milford Owens Peters Russell, W. B. Scott Smith, V. B. Smyre Snow
Toles
Townsend
West
Wheeler
Williams
Mr. Speaker

On the motion, the ayes were 74, nays 60.

The motion prevailed and HB 1118 was reconsidered.

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JOURNAL OF THE HOUSE,

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

Mr. Speaker:

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

HB 170. By Representatives Murphy of the 18th, Vaughn of the 57th, Burruss of the 21st, Connell of the 87th, Buck of the 95th, Collins of the 144th, Lee of the 72nd, and others:
A Bill to make and provide appropriations for the fiscal year beginning July 1, 1975, and ending June 30, 1976; to make and provide such appro priations 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 governmental activities.

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 350-1195. By Representative Murphy of the 18th: A Resolution authorizing the State Library to furnish the Paulding County Law Library with certain books; 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 Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Banks
Battle Beck Beckham Berry Bolster
Bray Brown Buck

Burruss Calhoun Carlisle Carnes Carr Carrell
Carter Castleberry Childers Childs Clifton
Cole Collins Colwell

Connell Cooper Cox Crawford Culpepper Davis
Dean Dent Dixon Dover Edwards, C. W.
Egan Elliott Evans, W. D.

THURSDAY, MARCH 20, 1975

3363

Felton Foster, P. W. Foster, R. L. Fraser Gignilliat Glover Ham Harden Harris, J. F. Harrison Hays Hill, B. L. Howard Howell Hudson Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R'. Karrh Keyton Kilgore King Knight

Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Linder Logan Long Mann Marcus Matthews, D. R. McCollum McDonald Mostiler Mullinax Nessmith Nix Noble Oxford Parkman Patten, G. C. Patten, R. L. Phillips, L. L. Phillips, R. T.

Phillips, W. R. Reaves Richardson Ross Rush Russell, J. Russell, W. B. Shanahan Sheats Sizemore Smith, J. R. Stone Sweat Taggart Thomason Thompson Tolbert Tucker Twiggs Vaughn Waddle Walker Wall Watson Whitmire Wilson Wood

Those not voting were Representatives:

Bargeron Baugh Blackshear Bowman Burton Chance Clark, Betty Clark, L. Coleman Daugherty Edwards, W. Evans, B. Gammage Glanton Greer Hamilton Harris, B. B. Harris, J. G. Hatcher

Hawkins Hill, G. Holmes Horton Hutchinson Jones Jordan Lambert Lucas Matthews, C. McKinney Miles Milford Owens Parham Parrish Peters Petro Pinkston

Rainey Randall Ray Sams Scott Sigman Smith, V. B. Smyre Snow Toles Townsend Triplett Ware West Wheeler White Williams Williamson Mr. Speaker

On the adoption of the Resolution, the ayes were 123, nays 0.

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

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HB 1209. By Representatives Harris of the 8th, Murphy of the 18th, Collins of the 144th and others:
A Bill to provide a procedure for fiscal notes for certain bills and for a time limitation for the introduction of such Bills; and for other purposes.

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

On the passage of the Bill, the ayes were 103, nays 0.

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

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitute thereto:

HB 290. By Representatives Adams of the 36th, Carnes and Greer of the 43rd:
A Bill to amend the Act approved Aug. 13, 1924, and the several Acts amendatory thereof, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000, so as to provide increased pension benefits for such members and their dependents; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend the Act approved August 13, 1924 (Ga. Laws 1924, pp. 167-173), and the several Acts amendatory thereof, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 300,000 according to the United States Decennial Census of 1970, or any such future census (formerly having a population of more than 150,000 by the United States Census of 1920, and any subsequent census), so as to provide increased pension benefits for such members and their depen dents; to amend the Act approved February 15, 1933' (Ga. Laws 1933, p. 213, et seq.), providing for pensions for members of police depart ments in cities having a population of more than 300,000 according to the United States Decennial Census of 1970, or any such future census (formerly having a population of 150,000 or more, according to the last census of the United States), and for other purposes, more fully set out in the caption of said Act, and the several Acts amendatory thereof, so as to provide increased pension benefits for such members and their dependents; and to amend an Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.), providing that cities having a population of more than 300,000 according to the United States Decennial Census of 1970, or any such future census (formerly having a population of 150,000 or more, according to the last census of the United States, the United States Census of 1920, or having a certain population), shall furnish

THURSDAY, MARCH 20, 1&75

3365

pensions to officers and employees of such cities, and for other purposes, so as to provide increased pension benefits for such officers and em ployees and their dependents; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
And it is hereby enacted by authority of the same, that the Act approved August 13, 1924 (Ga. Laws 1924, pp. 167-173), providing a system of pensions and other benefits for members of paid fire depart ments; the Act approved February 15, 1933 (Ga. Laws 1933, p. 213, et seq.), providing for pensions for members of police departments; and the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.), providing for the furnishing of pensions to officers and employees of certain cities; each of said Acts applying to cities having a population of more than 300,000 according to the United States Decennial Census of 1970, or any such future census, and being for other purposes, and the several Acts amendatory of each of said Acts, be and each of the same is hereby further amended as follows:
Section 1. (A.) Pension payments due to former members, officers and employees who have retired as a matter of rio;ht prior to the effec tive date of this Act, and who have to their credit twenty-five years or more of active service with said city and have been awarded pensions under the terms of these Acts, as amended, shall have their pensions recomputed on the following basis:
(1) Subject to the limitations hereinafter set forth, there shall be paid to such former members, officers and employees a basic pension of $205.00 per month.
(2.) In addition to the basic pensions provided in the preceding subparagraph, there shall be paid the sum of $6.00 per month for each full year's active service in excess of twenty-five years. For each full year's active service in excess of thirty-five years, there shall be paid an additional $5.00 per month. The record kept in the office of the Department of Finance, Division of Pensions, shall be conclusive as to the time served.
(B.) Former members, officers and employees who retired prior to the effective date of this Act, but who had less than twenty-five years of active service with said city, but who had been awarded pen sions under the terms of these Acts as heretofore amended, shall be paid that proportion of the basic pension provided in paragraph (1) of subsection (A.) of Section 1 above as the length of their service, meas ured in full years of service, bears to twenty-five years.

(C.) No recomputation provided for under this Act shall be made, if the result thereof would be to reduce pension payments already being received by any former member, officer or employee.

(D.) Benefits now being paid to dependents of deceased former members, officers and employees awarded pensions under the terms of

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JOURNAL OF THE HOUSE,

these Acts, as heretofore amended, shall be recomputed under the terms and provisions of this Act, so as to make the same applicable to such deceased former members, officers and employees and the benefits pay able to their dependents on account thereof.

(E.) This Section shall not be effective to, nor be construed to, con fer eligibility for a pension upon any former member, officer or em ployee who was not eligible for a pension under the provisions of these Acts in effect on the date of the retirement, resignation or other with drawal from service of such former member, officer or employee.

(F.) Increased benefits payable under the terms of this Act shall be paid out of general funds of the City of Atlanta.

Section 2. The provisions of this Act shall become effective upon the date the same is approved by the Governor, or otherwise becomes law.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Adams of the 36th moved that the House agree to the Senate substitute to HB 290.

On the motion, the ayes were 103, nays 0.

The motion prevailed and the Senate substitute to HB 290 was agreed to.

HB 1047. By Representative Irvin of the 10th:
A Bill to amend an Act incorporating' the City of Toccoa so as to increase the number of city commissioners and to provide for their terms of office and to provide for a referendum thereon; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend HB 1047 as follows:
By inserting in line 2 on page 2 between the word and semicolon, "foregoing;" and the word, "to" the following: "to provide for effective dates and for the intention of the General Assembly;".
By renumbering Sections 34 and 35 as Sections 35 and 36, respec tively, and by adding a new Section 34 to read as follows:
"Section 34. Except for the provisions of Section 3 of this Act, this Act shall become effective upon the approval of this Act by the Governor or upon its otherwise becoming law. If Section 3 of

THURSDAY, MARCH 20, 1975

3367

this Act is approved at the referendum election provided for in Section 33, said Section shall be effective for the purpose of the 1975 city elections upon the certification of the results of said election and shall be effective for all purposes on January 1, 1976. If Section 3 of this Act is rejected at said referendum election, said Section 3 shall be null, void and of no force and effect, and in that event, it is the intention of the General Assembly that the govern ing body of the City of Toccoa shall continue in existence as hereto fore provided by the charter of said city in the same manner as if said Section 3 had never been enacted."

Representative Irvin of the 10th moved that the House agree to the Senate amendment to HB 1047.
On the motion, the ayes were 103, nays 0.
The motion prevailed and the Senate amendment to HB 1047 was agreed to.
HB 1121. By Representatives Sams of the 90th, Beckham of the 89th, Dent of the 85th and others: A Bill to provide that in all counties of this State having a population of not less than 145,000 nor more than 165,000 wherein the sale of alcoholic beverages, distilled spirits, malt beverages or wines is lawfully authorized, such sales for consumption on the premises shall be autho rized during certain hours; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend HB 1121 as follows:
By inserting in line 4, after the word "census" the following:
"and in all municipalities located therein,".
By inserting in line 7, after the word "hours", the following:
"to provide an effective date;".
By inserting in line 17, after the word "county", the following:
"and the governing authorities of all municipalities located therein".
By renumbering Section 2 as Section 3.
And, by inserting following Section 1 a new Section 2 to read as follows:
"Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."

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JOURNAL OP THE HOUSE,

Representative Sams of the 90th moved that the House agree to the Senate amendment to HB 1121.

On the motion, the ayes were 103, nays 0.

The motion prevailed and the Senate amendment to HB 1121 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 1210. By Representatives Harris of the 8th, Murphy of the 18th, Collins of the 144th and others:
A Bill to create a Fiscal Affairs Subcommittee within each House of the General Assembly; to provide for the powers, duties and responsibilities of the Subcommittees; and for other purposes.

Representative Lane of the 40th moved that HB 1210 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 Representatives:

Alexander Baugh Beck Beckham Brown Burton Calhoun Carlisle Carnes Carr Chance Clifton Crawford Dean Dover Egan Elliott Felton

Foster, R. L. Fraser Harris, B. B. Holmes Hudson Hutchinson Irvin, R. King Knight Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Linder Lucas McCollum Mostiler

Nix Parham Patten, R. L. Phillips, R. T. Ray Russell, W. B. Sams Scott Sheats Sigman Smith, V. B. Taggart Tucker Waddle Walker Watson Williamson

Those voting in the negative were Representatives:

Adams, G. D. Adams, John Adams, Marvin

Banks Battle Blackshear

Bolster Bray Buck

Burruss Carter Castleberry Childers Clark, Betty Clark, L. Cole Coleman Collins Colwell Connell Cooper Cox Culpepper Daugherty Davis Dixon Edwards, W. Evans, W. D. Foster, P. W. Gammage Gignilliat Greer Ham Hamilton Harden Harris, J. F. Harrison Hays Hill, G. Horton

THURSDAY, MARCH 20, 1975

3369

Howard Irvin, J. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore Kreeger Lane, W. J. Lee Leggett Leonard Logan Long Mann Marcus Matthews, D. R. McDonald McKinney Milford Mullinax Nessmith Noble Owens Oxford Parkman

Parrish Patten, G. C. Peters Petro Phillips, L. L, Phillips, W. R. Pinkston Rainey Randall Reaves Richardson Ross Rush Russell, J. Shanahan Sizemore Smith, J. R. Smyre Snow Stone Thomason Tolbert Triplett Twiggs Vaughn Wall Ware West White Whitmire Wilson

Those not voting were Representatives:

Bailey Bargeron Berry Bowman Carrell Childs Dent Edwards, C. W. Evans, B.

Glanton Glover Harris, J. G. Hatcher Hawkins Hill, B. L. Howell Matthews, C. Miles

Sweat Thompson Toles Townsend Wheeler Williams Wood Mr. Speaker

On the motion, the ayes were 52, nays 102.

The motion was lost.

Representative Lambert of the 112th moved that further consideration of HB 1210 be postponed until 3:00 o'clock, P.M., this day.

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JOURNAL OF THE HOUSE,

Representative Vaughn of the 57th moved the previous question on HB 1210.

On the motion to order the previous question, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Banks Battle Berry Buck Burruss Carter Castleberry Clark, L. Cole Collins Colwell Connell Cooper Culpepper Dixon Edwards, C. W. Edwards, W. Evans, B. Evans, W. D. Foster, P. W. Gignilliat Glanton

Greer Harden Harris, B. B. Harris, J. F. Hays Hill, G. Howard Hudson Irvin, J. Jackson Jessup Johnson, R. Keyton Kreeger Lane, W. J. Lee Leonard Long Mann Marcus McCollum Milford Mullinax Nessmith Oxford

Parkman Parrish Phillips, L. L. Phillips, W. R. Pinkston Rainey Reaves Richardson Russell, J. Shanahan Sheats Smith, J. R. Smyre Snow Thomason Thompson Triplett Twiggs Vaughn Wall Ware West Whitmire Wilson

Those voting in the negative were Representatives

Alexander Bailey Baugh Beck Beckham Blackshear Bolster Bray Brown Calhoun Carlisle Carnes Carr Chance Childers Childs Clark, Betty Clifton

Coleman Cox Crawford Daugherty Davis Dean Dent
Dover Egan Elliott Felton Foster, R. L. Gammage Glover Ham Hamilton Harrison Hill, B. L.

Holmes Horton Howell Hutchinson Irvin,R. Irwin Johnson, W. R. Jones Jordan Karrh Kilgore King Knight Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Leggett

Linder Logan Lucas Matthews, D. R. McDonald Mostiler Nix Noble Owens Parham Patten, G. C. Patten, R. L.

THURSDAY, MARCH 20, 1975

Peters Petro Phillips, R. T. Randall Ray Rush Russell, W. B. Sams Scott Sigman Sizemore

Smith, V. B. Stone Sweat Taggart Tolbert Tucker Waddle Walker Watson White Williamson

Those not voting were Representatives:

Bargeron Bowman Burton Carrell Eraser Harris, J. G.

Hatcher Hawkins Matthews, C. McKinney Miles Ross

Toles Townsend Wheeler Williams Wood Mr. Speaker

3371

On the motion to order the previous question on HB 1210, the ayes were 74, nays 88.

The motion was lost.

Representative Lambert's previous motion to postpone prevailed and further consideration of HB 1210 was postponed until 3:00 o'clock, P.M., this day.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 450. By Representative Lane of the 40th:
A Bill to provide certain requirements in connection with blasting or excavating in the vicinity of certain underground utility facilities; and for other purposes.

The following report of the Committee of Conference was read:
Mr. President: Mr. Speaker:
Your Conference Committee on HB 450 has met and submits the following recommendation:

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JOURNAL OF THE HOUSE,

That the Senate and House recede from their respective positions and that the attached Substitute to HB 450 be adopted.

FOR THE SENATE
/s/ Render Hill Senator, 29th District
/s/ Nathan Dean Senator, 31st District
/s/ Perry Hudson Senator, 35th District

Respectfully submitted,
FOR THE HOUSE
/s/ Dick Lane Representative, 40th District
/s/ Ted Waddle Representative, 113th District
/s/ Gerald Horton Representative, 43rd District

Conference Committee Substitute to HB 450
A BILL
To Ibe entitled an Act To amend an Act providing certain require ments in connection with blasting or excavating in the vicinity of under ground gas pipes and other facilities, approved March 6, 1969 (Ga. Laws 1969. p. 50), as amended by an Act approved March 10, 1970 (Ga. Laws 1970. p. 226'), so asi to provide that gas companies shall file with the clerk of the superior court the name and certain other information con cerning the source from which information respecting the location of their underground gas pipes and facilities may be obtained; to provide for the maintenance of a file for such materials by such clerks and the fees therefor; to provide for the filing of such information by municipal gas distribution systems; to provide that with certain exceptions no person shall engage in blasting or excavating with mechanized excava ting equipment until certain notice has been given to gas companies and certain other conditions have occurred; to provide for the contents of such notice and such other conditions; to provide that the gas com panies involved will furnish certain information concerning the location of their underground gas pipes and other facilities within a designated time; to provide certain exceptions with respect to work by or for the State, counties, municipal corporation and agencies thereof; to provide that location information furnished must be accurate; 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 providing certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities, approved March 6, 1969 (Ga. Laws 1969, p. 50), as amended by an Act approved March 10, 1970 (Ga. Laws 1970, p. 226), is hereby amended by striking Section 3 thereof in its entirety and substituting in lieu thereof a new Section 3 to read as follows:

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"Section 3. Each gas company who maintains underground gas pipes or facilities within any county of this State shall file with the clerk of the superior court of such county the name, address and telephone number of the office, department or other source from or through which information may be obtained during normal hours on business days respecting the location of the pipes and gas facili ties of such gas company within said county. Each gas company from time to time shall make such further and additional filings as may be necessary to keep current the designation, address and telephone number of such source for such gas company. Municipal gas distribution systems shall not be required to make such filings in the office of the clerk of the superior court but shall maintain such information in the office of the clerk of such city, or in, the office of the superintendent of the gas department of such city or in the office of the utility commission of such city."

Section 2. Said Act, as amended, is further amended by striking Section 4 thereof in its entirety and substituting in lieu thereof a new Section 4 to read as follows:

"Section 4. The clerk of the superior court in each county of this State shall:

(a) maintain a file for the written information to be filed by gas companies in accordance with the provisions of this Act and make the same available for public inspection;

(b) mark the date and hour of filing of all written materials filed in accordance with the provisions of this Act;

(c) charge a uniform fee for the filing of such witten materials of one dollar ($1.00) per page."

Section 3. Said Act, as amended, is hereby further amended by striking Section 5 thereof in its entirety and substituting in lieu thereof a new Section 5 to read as follows:

"Section 5. (a) No person shall commence, perform or engage in blasting or in excavating with mechanized excavating equipment on any tract or parcel of land in any county in the State unless and until each of the following conditions has occurred:

(1) The person planning such blasting or excavating has, on or before the third business day preceding the day on which such work is planned to commence, given actual notice of such proposed work to the source designated and filed in such county by each gas company in accordance with the provisions of Section 3 of this Act, which notice shall:
(i) describe the tract or parcel of land upon which such blasting or excavation is to take p^ce with sufficient particularity to enable the gas company to ascertain the precise tract or parcel of land involved;

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(ii) state the name, address and telephone number of the person who will engage in such blasting or excavating;

(iii) describe the type of blasting or excavating to be engaged in by such person;

(iv) designate the date, no earlier than three (3) business days and no later than ten (10) days from the date of such notice, upon which such blasting or excavating will commence.

(2) The person planning such blasting or excavating has ascer tained from each source filed in accordance with the provisions of Section 3 hereof the location of all gas pipes and facilities of each gas company which are located upon said tract or parcel of land or within two hundred (200) feet thereof.

(b) Notwithstanding the foregoing, a person who engages in blasting or excavating with mechanized excavating equipment upon a tract or parcel of land which he owns or leases shall not be re quired to give any notice under the provisions hereof if such person has ascertained from other means available to him that there are no underground pipes or facilities which will be damaged or in juriously affected by such blasting or excavating."

Section 4. Said Act, as amended, is further amended by striking Section 6 thereof in its entirety and substituting in lieu thereof a new Section 6 to read as follows:
"Section 6. Each gas company shall within three (3) business days following receipt of actual notice, as described above, to the source filed in accordance with the provisions of Section 5 thereof, or within such longer reasonable period as may be required under the circumstances, but in any event within five (5) business days:

(a) attempt to advise the person requesting such information by telephoning such person at the telephone number furnished by such person as aforesaid, or, if no such telephone number was furnished, by delivery personally or mailing by certified or registered mail, return receipt requested, to the address furnished as aforesaid by such person, notice that (1) such gas company does not have underground gas pipes or facilities located upon such parcel or tract of land or within two hundred (200) feet thereof, or that (2) such gas company has staked or otherwise marked the surface of the land to indicate the location of such of its underground gas pipes and other facilities as are located upon such tract or parcel of land and within two hundred (200) feet thereof."

Section 5. Said Act, as amended, is further amended by redesignating existing Sections 11, 12 and 13 thereof as Sections 13, 14 and 15, respectively, and by adding two new Sections, to be designated Sections 11 and 12, to read as follows:

"Section 11. The provisions of this Act shall not apply to any

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work, including blasting or excavating with mechanized equipment, administered, performed by, contracted for or let by a municipal corporation, a county or by the State or any instrumentality, depart ment, board, agency or authority of a municipal corporation, a county or the State, including any such work when performed by contractors or subcontractors of any of the same.

Section 12. (a) For the purposes of this Act, information con cerning location of underground gas pipes or facilities given by such gas company to any person must be accurate to within twenty-four (24) inches. If any underground gas pipes or facilities become damaged due to inaccurate location information furnished by such gas company, all liabilities imposed by this Act shall not apply.

(b) Upon documented evidence that the person seeking location information has incurred losses or expenses due to inaccurate in formation, lack of information or unreasonable delays in supplying information by such gas company, the gas company shall be liable to that person for his losses."

Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming Jaw without his approval.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Lane of the 40th moved that the House adopt the report of the Committee of Conference on HB 450.

On, the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Battle Baugh Berry Blackshear Bray Brown Buck Calhoun Carlisle Games Carr Carrell

Carter Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman Collins Colwell Cooper Crawford Culpepper Daugherty Davis

Dean Dixon Dover Edwards, C. W. ' Edwards, W. Elliott Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glover Harden Harris, J. F.

3376
Harrison Hays Hill, B. L. Hill, G. Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jackson Johnson, R. Johnson, W. R. Jordan Karrh Keyton Kilgore King Knight Kreeger Lane, Dick Larsen, W. W. Leggett Logan Long Lucas

JOURNAL OF THE HOUSE,

Mann Marcus Matthews, D. R. McCollum McDonald McKinney Miles Milford Mostiler Mullinax Noble Oxford Parham Parrish Patten, G. C. Patten, R. L. Peters Phillips, L. L. Phillips, R. T. Rainey Randall Ray Reaves Ross Rush Russell, J. Russell, W. B. Sams

Scott Shanahan
Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Taggart Thomason Thompson Tolbert Tucker Twiggs Vaughn Waddle Walker Wall Ware West Whitmire Williamson Wilson Wood

Voting in the negative was Representative Ham.

Those not voting were Representatives:

Banks Bargeron Beck Beckham Bolster Bowman Burruss Burton Connell Cox Dent Egan Glanton Greer Hamilton

Harris, B. B. Harris, J. G. Hatcher Hawkins Irwin Jessup Jones Lambert Lane, W. J. Larsen, G. K. Lee Leonard Linder Matthews, C. Nessmith

Nix
Owens Parkman Petro Phillips, W. R. Pinkston Richardson Toles Townsend Triplett Watson Wheeler White Williams Mr. Speaker

On the motion, the ayes were 134, nays 1.

The motion prevailed and the report of the Committee of Conference on HB 450 was adopted.

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3377

The following Bills of the Senate were taken up for the purpose of considering the Senate's disagreement to the House substitutes thereto:

SB 10. By Senator Coverdell of the 40th:
A Bill to provide that ad valorem, excise and other taxes, fees, service charges and assessments due to counties of this State having a popula tion of 600,000 or more or to those municipalities lying wholly or partially within such a county which are not paid when due shall bear interest at the rate of seven percent per annum on the first $1,500; and for other purposes.

Representative Marcus of the 26th moved that the House insist on its position in substituting SB 10.

The motion prevailed.

SB 72. By Senators Garrard of the 37th and Shapard of the 28th:
A Bill to regulate the practice of marriage and family counseling in the State of Georgia; and for other purposes.

Representative Linder of the 44th moved that the House insist on its position in substituting SB 72.

The motion prevailed.

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 218, By Senator Stephens of the 36th:
A Bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb approved March 16, 1973 (Ga. Laws 1973, pg. 2188), as amended, so as to change the corporate limits of said city.

SB 406. By Senators Tysinger of the 41st, Warren of the 43rd and others:
A Bill to amend an Act known as the DeKalb County Oglethorpe Housing Foundation Act, approved Mar. 21, 1974 (Ga. L. 1974, page 259) so as to change the short title of said Act; to change the name of the public

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JOURNAL OF THE HOUSE,

body corporate and politic created by said Act; to expand the legislative findings and declaration of public necessity pertaining to said Act.

SB 93. By Senators Coverdell of the 40th and Garrard of the 37th:
A Bill to amend an Act providing that cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or any subsequent census, shall furnish pensions to officers and employees of such cities and for such other purposes set forth in the caption of said Act and the several Acts amendatory of said Act.

The Senate insists on its substitute to the following Bills of the House, to-wit:

HB 580. By Representative Murphy of the 18th:
A Bill to amend an Act known as the "Georgia Residential Finance Agency Act", so as to change the membership of the Authority; to provide for a minimum percentage of each bond issue to be placed in the capital reserve fund.

HB 376. By Representatives McDonald of the 12th, Smith of the 78th, and Hutchinson of the 133rd:
A Bill to amend the Executive Reorganization act of 1972 so as to authorize the Dept. of Public Safety to exercise jurisdiction over safety of motor vehicles and over the drivers of motor vehicles operating as motor contract carriers or motor common carriers.

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

SB 323. By Senator Langford of the 51st:
A Bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws relating to game and fish approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, so as to provide for lawful hours for bait shrimping; to require bonds or persons taking or selling commercial bait shrimp.

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

HB 191. By Representatives Burton of the 47th, Chance of the 129th, Jones of the 126th and others:
A Bill to amend Code Chapter 56-31, relating to group and blanket insurance so as to provide that whenever any group or blanket accident or sickness or accident and sickness insurance policy or contract or certificate provides for reimbursement for any service which is within

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3379

the lawful scope of practice for an applied psychologist, any person covered by such policy or contract shall be entitled to reimbursement.

The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House, to-wit:
HR 77-310. By Representative Adams of the 14th: A Resolution proposing an amendment to the Constitution so as to provide for a program of indemnification with respect to the death of any law enforcement officer killed in the line of duty.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate, to-wit:
SR 172. By Senator Reynolds of the 48th: A Resolution relative to Federal Laws relating to outdoor advertising and junkyards.
SR 171. By Senator Dean of the 6th: A Resolution authorizing and directing the State Department of Trans portation to designate a bridge in Wayne County, Georgia, as the "John Henry Lane, Jr., Bridge."
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 579. By Representative Rainey of the 135th:
A Bill to amend the Natural Resources Act of 1973 so as to authorize the Department of Natural Resources to contract for or provide itself necessary water transportation and essential services for its employees, other State employees, their families and other permanent residents of certain coastal islands; and for other purposes.
Representative Rainey of the 135th moved that the House insist on its posi tion in disagreeing to the Senate amendment to HB 579 and that a Committee of Conference be appointed on the part of the House to confer with a like com mittee 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:
Representatives Rainey of the 153rd, Peters of the 2nd and Hays of the 1st.

The Speaker announced the House in recess until 1:30 o'clock, P.M., this day.

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AFTERNOON SESSION

The Speaker Pro Tern called the House to order.

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

HB 112. By Representatives Phillips of the 59th, Harris of the 60th and Wall of the 61st:
A Bill to provide for the confiscation and sale of certain articles of tangible personal property used in the commission of a felony; to provide for proceedings in the superior court; to provide for disposition of pro ceeds from a sale; and for other purposes.

By unanimous consent, further consideration of HB 112 was postponed until Friday, March 21, 1975, immediately following the period of unanimous consents.

HR 310-1151. By Representatives Crawford of the 5th, Murphy of the 18th, Patten of the 146th and others:
A Resolution renaming the Chattooga Lakes State Park as the "James H. 'Sloppy' Floyd State Park"; and for other purposes.

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

On the adoption of the Resolution, the ayes were 90, nays 0.

The Chair voted "aye".

On the adoption of the Resolution, the ayes were 91, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HB 972. By Representative Noble of the 48th:
A Bill to provide for a code of ethics for members of all boards, com missions and authorities of State government created by general statute; to provide for the removal of members who violate said code of ethics; to provide procedures connected therewith; to provide for hearings; to provide for vacancies; and for other purposes.

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3381

The following amendment was read and adopted:

Representative Noble of the 48th moves to amend HB 972 as follows:
Add to Section 1 thereof the following subsection (i) :
(i) never take any official action with regard to any manner under circumstances where he knows or should know that he has a direct or indirect monetary interest in the subject matter of such manner or in the outcome of such official action.
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 96, nays 8.

The Bill, having received the requisite constitutional majority, was passed, as amended.
HR 347-1177. By Representative Colwell of the 4th:
A Resolution authorizing the grant of a permanent nonexclusive ease ment over, across, through and under certain State-owned real property located in Fulton County, Georgia; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 101, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:
SB 243. By Senator Traylor of the 3rd: A Bill to provide for the compensation of judges of the State courts in certain counties of this State; and for other purposes.

The following report of the Committee of Conference was read: Conference Committee Report on SB 243
The Conference Committee on SB 243 makes the following recommendations:

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(1) That each House recede from its position;

(2) That the attached Substitute to SB 243 be adopted.

FOR THE SENATE Senator Traylor of the 3rd Senator Howard of the 42nd Senator Barnes of the 33rd

Respectfully submitted, FOR THE HOUSE Representative Clifton of the 107th Representative Lane of the 81st Representative Nessmith of the 82nd

Committee Substitute to SB 243.
A BILL
To be entitled an Act to provide for the compensation of judges of the State courts in certain counties of this State; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Any other provision of law to the contrary notwithstand ing, the compensation of the judge of each State court located within counties of this State having a population of not less than 6,513 and not more than 6,600, according to the United States Decennial Census of 1970, or any future such census, shall be $3,900 per annum, payable in equal monthly installments from the funds of the county.
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.

Representative Clifton of the 107th moved that the House adopt the report of the Committee of Conference on SB 243.

On the motion, the ayes were 103, nays 0.

The motion prevailed and the report of the Committee of Conference on SB 243 was adopted.
Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:

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3383

SB 189. By Senator Stephens of the 36th:
A Bill to amend an Act known as the "Georgia Equine Act", as amended, so as to provide for the control, suppression, prevention and eradication of the equine disease known as "equine infectious anemia"; 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 Equine Act", approved April 30, 1969 (Ga. Laws 1969, p. 1021), as amended by an Act approved April 3, 1972 (Ga. Laws 1972, p. 818), so as to provide for the control, suppression, prevention and eradication of the equine disease known as "equine infectious anemia" (also known as swamp fever, EIA and slow fever) ; to provide for compounds; to provide for the licensing and regulation of compounds; to provide for the issuance of licenses; to provide for fees; to provide for penalties; to provide for research programs; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act known as the "Georgia Equine Act", approved April 30, 1969 (Ga. Laws 1969, p. 1021), as amended by an Act approved April 3, 1972 (Ga. Laws 1972, p. 818), is hereby amended by adding, immediately following Section 13A, a new Section 13B, to read as follows:
"Section 13B. Any person, firm, corporation, company, co operative, association or other entity is hereby authorized to set up or establish compounds at various places in the State where animals may be taken in order to control, suppress, prevent and eradicate the equine disease known as "equine infectious anemia" (also known as swamp fever, EIA and slow fever). It shall be unlawful to establish or operate any such compound without a license issued by the Commissioner of Agriculture. The Commissioner of Agriculture is hereby authorized to issue licenses and to establish, promulgate and adopt rules, regulations and standards governing the establish ment, construction, design, maintenance and operation of such com pounds. The fee for such licenses shall be $25.00 per annum, and such licenses shall be renewable annually. The Commissioner is authorized to establish research programs for the purpose of de veloping a vaccine or method for the control or eradication of such equine disease in the State."
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.

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On the passage of the Bill, by substitute, the ayes were 101, nays 0.

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

HB 731. By Representative Larsen of the 27th:
A Bill to amend Code Title 53, relating to husband and wife so as to repeal the provisions relating to prohibitions against miscegenation; to repeal the provisions relating to the definition of a "white person"; to repeal the provisions relating to births of children of white and colored parents; and for other purposes.

The report of the Committee, which was favorable to the 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 Representatives

Adams, G. D. Bailey Battle Beck Beckham Bolster Bowman Bray Burton Games Carr Carrell Carter Childers Cole Cooper Cox Crawford Culpepper Davis Dent Dixon
Dover
Edwards, C. W.
Edwards, W.
Egan
Elliott
Evans, B.
Evans, W. D.

Pelton Foster, P. W. Foster, R. L. Gignilliat Greer Ham Harris, B. B. Hatcher Hawkins Hays Hill, G. Howard Hutchinson Irvin, R. Jackson Jessup Jones Keyton Kilgore King Knight Kreeger
Lane, Dick
Larsen, G. K.
Lee
Leggett
Leonard
Marcus
Matthews, D. R.

McCollum McDonald Miles Mostiler Mullinax Nix Noble Owens Parkman Phillips, L. L. Phillips, R. T. Phillips, W. R. Ray Richardson Rush Russell, J. Russell, W. B. Shanahan Sheats Sigman Sizemore Snow
Sweat
Taggart
Thompson
Tolbert
Townsend
Triplett
Waddle

Walker Wall Watson

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3385

West White Whitmire

Willianison Wood

Those voting in the negative were Representatives:

Adams, M. Hudson Irvin, J.

Karrh Lane, W. J. Nessmith

Patten, G. C. Smith, V. B. Twiggs

Those not voting were Representatives:

Adams, John Alexander Banks Bargeron Baugh Berry Blackshear Brown Buck Burruss Calhoun Carlisle Castleberry Chance Childs Clark, Betty Clark, L. Clifton Coleman Collins Colwell Connell Daugherty Dean Eraser Gammage

Glanton Glover Hamilton Harden Harris, J. G. Harris, J. P.
Harrison Hill, B. L. Holmes Horton Howell Irwin Johnson, R. Johnson, W. R. Jordan Lambert Larsen, W. W. Linder Logan Long Lucas Mann Matthews, C. McKinney Milford

Oxford Parham Parrish Patten, R. L. Peters Petro Pinkston Rainey Randall Reaves Ross Sams Scott Smith, J. R. Smyre Stone Thomason Toles Tucker Vaughn Ware Wheeler Williams Wilson Mr. Speaker

On the passage of the Bill, the ayes were 95, nays 9.

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

SB 160. By Senators Bell of the 5th, Tysinger of the 41st, Howard of the 42nd and others: A Bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to change the membership of the Board of Directors of the Authority; to provide for terms of office; and for other purposes.
The previous question was ordered.

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Representative McKinney of the 35th moved that the House reconsider its action in ordering the main question on SB 160 in order that an amendment could be offered.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, John Bailey Battle Bolster Childers Crawford Glanton

Hill, G. Holmes Hudson Johnson, W. R. Marcus McKinney

Parkman Scott Sheats Sigman Townsend Twiggs

Those voting in the negative were Representatives :

Adams, G. D. Alexander Banks Beck Beckham Berry Bowman Brown Burton Calhoun Carnes Carrell Carter Castleberry Childs Clark, Betty Clark, L. Clifton Coleman Collins Cox Davis Edwards, C. W. Egan Elliott Evans, W. D. Felton Foster, P. W. Foster, R. L.

Fraser Gammage Greer Ham Hamilton Harden Harris, B. B. Hatcher Hawkins Hays Irvin, J. Irvin, R. Jackson Jones Jordan Keyton Kilgore King Knight Lane, Dick Larsen, G. K. Linder
Logan Mann Matthews, D. R. McDonald Miles Milford

Noble Owens Oxford Parham Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, W. R. Rainey Ray Richardson Russell, J. Russell, W. B. Sams Shanahan Sizemore Smith, V. B. Snow Stone Tolbert Tucker Waddle Wall Watson West Williamson

Those not voting were Representatives:

Adams, M. Bargeron Baugh

Blackshear Bray Buck

Burruss Carlisle Carr

Chance Cole Colwell Connell Cooper
Culpepper Daugherty Dean Dent Dixon Dover Edwards, W.
Evans, R. Gignilliat Glover Harris, J. G. Harris, J. F. Harrison Hill, B. L. Horton Howard Howell
Hutchinson

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3387

Irwin Jessup Johnson, R. Karrh Kreeger
Lambert Lane, W. J. Larsen, W. W. Lee Leggett Leonard Long
Lucas Matthews, C. McCollum Mostiler Mullinax Nessmith Nix Parrish Phillips, R. T. Pinkston

Randall Reaves Ross Rush Smith, J. R.
Smyre Sweat Taggart Thomason Thompson Toles Triplett
Vaughn Walker Ware Wheeler White Whitmire Williams Wilson Wood Mr. Speaker

On the motion, the ayes were 19, nays 85.

The motion was lost.

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

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

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Bailey Banks
Battle Beck Beckham Berry Blackshear Bolster Bowman Burton Calhoun
Games Carr

Carrell Carter Castleberry Chance
Childers Childs Clark, Betty Clark, L. Clifton Coleman Cooper Cox Crawford
Culpepper Daugherty

Davis Dixon Dover Edwards, C. W.
Egan Elliott Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Gammage Glanton
Greer Ham

3388
Hamilton Harden Harris, B. B. Hatcher Hawkins Hays Hill, B. L. Holmes Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Keyton Kilgore King Knight Kreeger Lane, Dick Larsen, G. K. Larsen, W. W.

JOURNAL OF THE HOUSE,

Leggett Linder Logan Mann Marcus Matthews, D. R. McCollum McDonald McKinney Miles Milford Mostiler Noble Owens Oxford Parham Parkman Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, W. R. Ray Reaves Richardson

Russell, J. Russell, W. B. Sams Scott Shanahan
Sheats Sigman Sizemore Smith, V. B. Smyre Snow Stone Sweat Thomason Tolbert Townsend Triplett Tucker Twiggs Waddle Walker Wall Watson West Williamson Wilson

Those not voting were Representatives :

Adams, Marvin Alexander Bargeron Baugh Bray Brown Buck Burruss Carlisle Cole Collins Colwell Connell Dean Dent Edwards, W. Evans, B. Gignilliat Glover

Harris, J. G. Harris, J. F. Harrison Hill, G. Horton Howard Howell Karrh Lambert Lane, W. J. Lee Leonard Long Lucas Matthews, C. Mullinax Nessmith Nix Parrish

Phillips, R. T. Pinkston
Rainey Randall
Ross Rush Smith, J. R. Taggart Thompson Toles Vaughn Ware Wheeler White Whitmire Williams Wood Mr. Speaker

On the passage of the Bill, the ayes were 124, nays 0.

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

THURSDAY, MARCH 20, 1975

3389

HB 529. By Representative Knight of the 67th:
A Bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act" so as to clarify the credit to be allowed for returned property; to provide a procedure for granting of such credit; and for other purposes.

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

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

Those voting in the affirmative were Representatives :

Bailey Battle Beck
Berry Blackshear Bolster Calhoun Games Carr Castleberry Chance Childers Clark, Betty Clifton Collins Cox Dixon Edwards, C. W. Egan Evans, W. D. Felton Gammage Glanton Greer Harden

Harris, B. B. Hatcher Hays Holmes Hutchinson Irvin, R. Johnson, R Johnson, W. R.
Karrh Kilgore Knight Kreeger Lambert Larsen, G. K. Larsen, W. W. Leggett Linder Mann Marcus McCollum McDonald McKinney Miles Milford Mostiler

Noble Owens Oxford Parkman Patten, G. C Patten, R. L Phillips, L. L. Phillips, R. T. Phillips, W. R. Rush Shanahan Sheats Sizemore
Smyre Snow Stone Sweat Thomason Triplett Tucker Wall West Whitmire Williamson

Those voting in the negative were Representatives:

Adams, Marvin Alexander Baugh Beckham Brown Burton Carter Coleman Crawford Culpepper Dover

Foster, P. W. Fraser Hill, G. Hudson Irvin, J. Irwin Jackson Jessup Jones Leonard

Logan Parham Petro Ray Russell, J. Russell, W. B. Smith, J. R. Smith, V. B.
Twiggs Waddle

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JOURNAL OF THE HOUSE,

Those not voting were Representatives:

Adams, G. D. Adams, John Banks Bargeron Bowman Bray Buck Burruss Carlisle Carrell Childs Clark, L. Cole Colwell Connell Cooper Daugherty Davis Dean Dent Edwards, W. Elliott Evans, B. Foster, R. L. Gignilliat

Glover Ham Hamilton Harris, J. G. Harris, J. F. Harrison Hawkins Hill, B. L. Horton Howard Howell Jordan Keyton King Lane, Dick Lane, W. J. Lee Long Lucas Matthews, C. Matthews, D. R. Mullinax Nessmith Nix Parrish

Peters Pinkston Rainey Randall Reaves Richardson Ross Sams Scott Sigman Taggart Thompson Tolbert Toles Townsend Vaughn Walker Ware Watson Wheeler White Williams Wilson Wood Mr. Speaker

On the passage of the Bill, the ayes were 74, nays 31.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Knight of the 67th 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 529.

HB 214. By Representative Glover of the 32nd:
A Bill to amend an Act approved February 27, 1962, which granted specified power and authority to municipalities so as to authorize the several sheriffs and others to serve certain municipal notices, orders and other official documents under certain circumstances; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act approved February 27, 1962 (Ga. Laws 1962, p. 140), as amended, and particularly by an Act ap-

THURSDAY, MARCH 20, 1975

3391

proved April 13, 1973 (Ga. Laws 1973, p. 778), which granted certain specified powers and authority to the incorporated municipalities of this State, so as to authorize such municipalities to empower certain officers, agents and employees to serve upon persons therein named certain notices, orders, process, summons and other official papers requiring service; to authorize the several sheriffs, marshals and constables in any county to serve any such official papers under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. An Act approved February 27, 1962 (Ga. Laws 1962, p. 140, et seq.), as amended, and particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 778), which granted certain specified powers and authority to the incorporated municipalities of this State, is hereby amended by adding the following at the end of Section 2(a) of said Act as now or hereafter amended:

"; and to authorize any of such officers, agents and employees of a municipality to serve in any manner prescribed by applicable law, any process, summons, notice or order on all persons (as de fined in Code Section 102-103) therein named where the paper to be served arises out of or relates to an activity or condition, other than a single isolated act or omission, conducted or maintained by such person within the territorial jurisdiction of the municipality in violation of an applicable law or ordinance covering the following: municipal housing, building, electrical, plumbing, heating, ventilat ing, air condition, air and water pollution control and other technical or environmental codes; municipal business, occupation and pro fessional license tax ordinances, municipal privilege license or per mit ordinances; and originates in or is issued under the authority of the department or branch of municipal government employing such officer, agent or employee, and only when each and every day the condition is maintained or the activity is conducted is made a separate municipal offense by applicable law or ordinance. Where any such paper names one or more persons who reside outside the territorial jurisdiction of such municipality, the several sheriffs, marshals and constables of the several counties of this State are hereby authorized and directed to serve any such paper and make appropriate return of such service, as other process is by them now or hereafter served and returned, on such named persons residing in their respective jurisdictions upon receipt of written request to make such service and for the fees allowed for service of process issued by the superior courts of this State;".

Section 2. Nothing in this Act is intended nor shall be construed to enlarge, diminish or change any procedure whereby a person may arrest or be arrested or property subjected to levy or lien by reason of an offense committed or a condition maintained within the territory under the jurisdiction of a municipality.

Section 3'. This Act shall become effective upon its approval by the Governor or upon its becoming law without approval.

3392

JOURNAL OP THE HOUSE,

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

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

On the passage of the Bill, by substitute, the ayes were 90, nays 5.

The Chair voted "aye".

On the passage of the Bill, by substitute, the ayes were 91, nays 5.

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

HB 908. By Representatives Elliott of the 49th, Adams of the 14th, Kilgore of the 65th and others:
A Bill to amend Code Section 68A-1002, authorizing police officers to remove vehicles, so as to authorize police officers to remove a vehicle which is stopped on a controlled access highway which is a part of the National System of Interstate and Defense Highways when such vehicle has been stopped for more than a certain period of time or when such vehicle constitutes a traffic hazard; and for other purposes.

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

On the passage of the Bill, the ayes were 104, nays 4.

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

HB 857. By Representatives Petro of the 46th and Davis of the 56th:
A Bill to amend Code Section 26-2907 and other Code Sections relating to guns and weapons; and for other purposes.

Representative White moved that HB 857 be recommitted to the Committee on Special Judiciary for further study.

On the motion, the ayes were 100, nays 21.

The motion prevailed and HB 857 was recommitted to the Committee on Special Judiciary.

THURSDAY, MARCH 20, 1975

3393

The Speaker assumed the Chair.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate, to-wit:

SB 10. By Senator Coverdell of the 40th:
A Bill to be entitled an Act relative to ad valorem, excise and other taxes, fees, service charges and assessments due to counties having a population of 600,000 or more or to those municipalities lying wholly or partially within such a county having a population of 400,000 or more.

The President has appointed on the part of the Senate the following Senators: Coverdell of the 40th, Bond of the 39th and Garrard of the 37th.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 203. By Representatives Parham of the 109th, Baugh of the 108th, Mann of the 13th and Twiggs of the 4th:
A Bill to amend Code Title 79A, relating to pharmacists, pharmacy and drugs, so as to change definitions relating to persons authorized to prescribe drugs.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 292. By Representatives Howard of the 19th and Karrh of the 106th:
A Bill to amend an Act to provide minimum salaries for the county sheriffs of the State of Georgia to be paid from county funds so as to change the amount of such minimum salaries.

Under the general order of business, established by the Committee on Rules, the following Bill of the House, previously postponed this day, was again taken up for consideration:
HB 1210. By Representatives Harris of the 8th, Murphy of the 18th, Collins of the 144th and others:
A Bill to create a Fiscal Affairs Subcommittee within each House of

3394

JOURNAL OF THE HOUSE,

the General Assembly; to provide for the powers, duties and responsibili ties of the subcommittees; and for other purposes.

The following amendment was read and adopted:

Representative Lee of the 72nd moves to amend HB 1210 by striking the words, "Appropriation Committee" wherever they appear in the Bill.

An amendment, offered by Representative Phillips of the 120th, was read and lost.

An amendment, offered by Representative Leggett of the 153rd, was read and lost.

An amendment, offered by Representative Ham of the 80th, was read and withdrawn by unanimous consent.

An amendment, offered by Representative Ham of the 80th, was read and lost.

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

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

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Alexander Banks Battle Beckham
Berry Blackshear Bolster Bowman Buck Burruss Burton Calhoun Carnes Carter Castleberry Childers Clark, L. Clifton

Cole Collins Colwell Connell
Cooper Crawford Daugherty Davis Dent Dixon Dover Edwards, C. W. Edwards, W. Egan Elliott Evans, W. D. Felton Foster, P. W. Fraser Gammage

Gignilliat
Greer Hamilton Harden Harris, B. B. Harris, J. F. Harrison Hays Hill, G. Horton Howard Hudson Irvin, J. Irvin, R. Jackson Jessup Johnson, R. Jones Jordan Karrh

THURSDAY, MARCH 2/0, 1975

3395

Keyton Kilgore Lane, Dick Lane, W. J. Larsen, G. K. Lee Leonard Linder Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald Miles Milford Mostiler Mullinax

Nessmith
Nix Noble Owens Oxford Parkman Parrish Patten, G. C. Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Rainey Randall Ray Reaves Ross Rush Russell, J.

Sams Shanahan Sheats Sizemore Smith, V. B. Smyre Snow Stone Thomason Thompson Tolbert Twiggs Vaughn Waddle Wall Ware Williamson Wilson Wood

Those voting in the negative were Representatives:

Adams, Marvin Bailey Baugh Beck Bray Brown Carlisle Carr Chance Clark, Betty Coleman Cox Culpepper Dean Evans, B. Foster, R. L.

Glanton Ham Hatcher Hawkins Hill, B. L. Holmes Howell Hutchinson Irwin Johnson, W R. King Knight Kreeger Lambert Larsen, W. W. Leggett

Patten, R. L. Richardson Russell, W. B. Scott Sigman Smith, J. R.
Sweat Taggart Townsend Triplett Tucker Walker Watson West White

Those not voting were Representatives:

Bargeron Carrell Childs Glover Harris, J. G.

Matthews, C. McKinney Parham Peters Pinkston

Toles Wheeler Whitmire Williams Mr. Speaker

On the passage of the Bill, as amended, the ayes were 118, nays 47.

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

3396

JOURNAL OP THE HOUSE,

Representative Pinkston of the 100th wished to be recorded as voting "aye" on the passage of HB 1210, as amended.

Representative Lambert of the 112th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitu tional majority to HB 1210, as amended.

The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitutes thereto:

HB 191. By Representatives Burton of the 47th, Chance of the 129th, Jones of the 126th and others:
A Bill to amend Code Chapter 56-31, relating to group and blanket insurance so as to provide that whenever any group or blanket accident or sickness or accident and sickness insurance policy or contract or certificate provides for reimbursement for any service which is within the lawful scope of practice for an applied psychologist, any person covered by such policy or contract shall be entitled to reimbursement; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 56-31, relating to group and blanket accident and sickness insurance, as amended, so as to provide that whenever any group or blanket accident or sickness or accident and sickness insurance policy or contract provides for reim bursement for any service which is within the lawful scope of practice for an applied psychologist, any person covered by such policy or con tract who is referred to an applied psychologist by a licensed physician for such service shall be entitled to reimbursement for such service whether rendered by a duly licensed physician or duly licensed applied psychologist; to provide that the provisions of this Act shall not pro hibit such policies or contracts from providing reimbursement for serv ices of an applied psychologist without the necessity of physician re ferral; 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 56-31, relating to group and blanket accident and sickness insurance, as amended, is hereby amended by adding at the end thereof a new Code Section to be designated Code Section 56-3111, to read as follows:
"56-3111. Policies providing reimbursement for services within the scope of practice of an applied psychologist. Notwithstanding any provision of any group or blanket accident or sickness or

THURSDAY, MARCH 20, 19TO

3397

accident and sickness insurance policy or contract hereafter issued or delivered in this State, whenever such policy or contract provides for reimbursement for any service which is within the lawful scope of practice of an applied psychologist who is duly licensed pursuant to the Act making provision for the licensure of applied psycholo gists, approved February 21, 1951 (Ga. Laws 1951, p. 408), as now or hereafter amended, any person covered under any such policy or contract who is referred to an applied psychologist by a licensed physician for such service shall be entitled to reimbursement for such service whether rendered by a duly licensed physician or duly licensed applied psychologist.

This Section shall not prohibit group or blanket accident or sickness or accident and sickness insurance policies or contracts from providing reimbursement for services of an applied psycholo gist without the necessity of physician referral."

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.

Representative Burton of the 47th moved that the House agree to the Senate substitute to HB 191.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Battle Baugh Beck
Berry Blackshear Bolster
Bowman Brown Buck Burruss Burton Calhoun
Carlisle Games Carr Carter
Castleberry

Childers Childs Clark, Betty Clifton Cole Coleman Collins Colwell
Connell Cooper Cox
Crawford Culpepper Davis Dean Dent Dixon
Dover Edwards, C. W. Edwards, W. Egan
Elliott

EVans, B. Evans, W. D. Felton Foster, P. W. Foster, R, L. Fraser Gammage Gignilliat
Glanton Glover Greer
Ham Harden Harris, B. B. Harrison Hatcher Hawkins
Hays Hill, G. Holmes Horton
Howard

3398
Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Linder Logan Long Lucas

JOURNAL OF THE HOUSE,

Mann Marcus Matthews, D. R. McCollum McDonald Miles Milford Mostiler Mullinax Nessmith Nix Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Ray Ross Rush

Russell, J. Russell, W. B. Scott Shanahan Sheats Sizemore Smith, V. B. Smyre Snow Stone Sweat Taggart Thomason Thompson Tolbert Townsend Triplett Tucker Twiggs Waddle Walker Wall Ware Watson West White Williamson Wilson Wood

Those not voting were Representatives:

Banks Bargeron Beckham Bray Carrell Chance Clark, L. Daugherty Hamilton

Harris, J. G. Harris, J. F. Hill, B. L. Matthews, C. McKinney Reaves Richardson Sams

Sigman Smith, J. R. Toles Vaughn Wheeler Whitmire Williams Mr. Speaker

On the motion, the ayes were 155, nays 0.

The motion prevailed and the Senate substitute to HB 191 was agreed to.

HB 170. By Representatives Murphy of the 18th, Vaughn of the 57th, Burruss of the 21st and others:
A Bill to make and provide appropriations for the fiscal year beginning July 1, 1975 and ending June 30, 1976; and for other purposes.

THURSDAY, MARCH 20, 1975

3399

A BILL

To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1975, and ending June 30, 1976; to make and provide such appropriations for the operation of the State Govern ment, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1975, and ending June 30, 1976, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and Federal Revenue Shar ing Funds.
PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch

.$ 8,312,000

1. Operations ................................................ ...^ Total Funds Budgeted ---.-.. ........$ State Funds Budgeted .__....._.___..__....._._.........-..._._._-.$

7,750,000 7,750,000 7,750,000

2. For election blanks and other

election expenses .........................$

Total Funds Budgeted

....,,..,,

$

State Funds Budgeted _........_.__......__..__........_.___._.....$

450,000 450,000 450,000

3'. Georgia Official and Statistical Register ................................................9
Total Funds Budgeted .......................... ^ State Funds Budgeted ....________._.._-.__.______________.-___.$

112,000 112,000 112,000

Budget Unit Object Classes:
Operations ............................. $ Election Blanks and Other
Election Expenses .......................... ^ Georgia Official and
Statistical Register _______.,,_._______,,____,,__.,,-___.___._-. $

7,750,000 450,000 112,000

For compensation, expenses, mileage, allowances, air travel expense and benefits for members of the

3400

JOURNAL OF THE HOUSE,

General Assembly, and for the officials, employees, and committees of the General Assembly, and each branch thereof; for cost of operating the Office of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, National Conference of Commissioners on Uniform State Laws; National Conference of Legislative Leaders, Con ference of Insurance Legislators, and Marine Fisheries Compact; for equipment, supplies, repairs, printing and other incidental expenses for the Legislative Branch; for the necessary cost of renovating and repairing the housing and other facilities for the Legislative Branch; for cost of compiling, publishing and distributing the Acts and Journals of the General Assembly; for the annual report of the State Auditor to the General As
sembly; and for cost of Legislative Services Committee,
Office of Legislative Counsel, and Legislative Budget
Analyst, as authorized by law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the ex penditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds ap propriated 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. Budget Unit: Department of Audits

..$ 2,335,000

1. Operations --.___.-...--._.... Total Funds Budgeted State Funds Budgeted

.$ 1,995,000 . $ 1,995,000 ..$ 1,995,000

2. Tax Ratio Study .......................................................I Total Funds Budgeted .....-..__-......----........----_..--.. $ State Funds Budgeted --..------,,,,------$

340,000 340,000 340,000

Budget Unit Object Classes:
Operations ,,..-..._.........,,............,,-.....--.......-_....._...... $ Tax Ratio Study ..._...___...,,....--_.............__.........--$

1,995,000 340,000

THURSDAY, MARCH 20, 1975

3401

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court .._.._......,,......._...,,......__...$ 1,109,000

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

Section 4. Superior Courts. Budget Unit: Superior Courts .........._._......._.._......,,....$ 7,199,603

For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges' salaries, contingent expense allowances authorized by law, the payment of mileage authorized by law, the payment of travel, tuition and expenses of Judges authorized to attend the National College of State Trial Judges, and such other salaries and expenses as may be authorized by law.
For payment of salaries, contingent expense allow ances, the payment of mileage and other expenses as may be authorized by law for the District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus.
For the cost of operating the Judge Sentence Re view Panel as created by 1974 Georgia Laws, p. 358.
Provided, however, that the listed appropriation shall be increased by the amount of $21,666 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 $55,000 per annum for each judgeship created by law during the 1975 session of the General Assembly.

3402

JOURNAL OF THE HOUSE,

Provided, that of the above appropriation relating to Superior Courts, $100,000 is designated and com mitted for the Prosecuting Attorneys' Council for opations.

Section 5. Court of Appeals. Budget Unit: Court of Appeals ........................$ 1,301,439

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 Emer itus position established during the fiscal year.

Section 6. Administrative Office of the Court. Budget Unit: Administrative Office of the Court._._- $

121,620

For the cost of operating the Administrative Of fices of the Court.

Section 7. Appellate Court Reports. Budget Unit: Court Reports ...... ....,,-,.,,-$

64,500

For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.
Section 8. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission--$

10,000

For the cost of operating the Judicial Qualifications Commissions.
Section 9. Board of Court Reporting. Budget Unit: ............. .......... .._...._$

7,425

For the cost of operating the Board of Court Re porting.
PART III.
EXECUTIVE BRANCH
Section 10. Department of Administrative Services. Budget Unit: Department of Administrative
Services ....... .......... -.,,-..-,,.-$ 13,538,008.62

THURSDAY, MARCH 20, 1975
1. Georgia Building Authority Budget:
Direct Payments to Authority for Operations Capital Outlay ....__.....,,_.__........,,..,,.......,,........,,.... State of Georgia General Obligation
Debt Sinking Fund ---_..,,..-....__._-_.-___-.......__..... Authority Lease Rentals ........_.....,,_,,....___.___....._. Total Funds Budgeted ................... State Funds Budgeted _-_____.____-__.,,____-.___.___.__._.,,. Total Positions Budgeted
Provided, that of the above appropriation relative to Capital Outlay, $200,000 is designated and committed to design and install an automated electrical power man agement system in State office buildings in the Capitol Hill area.

3403
1,854,696 290,000
240,000 3',112,753 5,497,449 5,497,449
0

2. Departmental Administration Budget:
Personal Services ........................$ Regular Operating Expenses _,,..,,.--.--..------..--.__ $ Travel .................................................. $ Motor Vehicle Equipment Purchases ....--..--....-- $ Publications and Printing ___._________._,,___________.____--.$ Equipment Purchases __......_--.-,.,,_.-..,,._.___..-.._,,........ $ Per Diem and Fees ....................................$ Computer Charges ..................................... ^ Other Contractual Expense _--.,,.._--.....,,--...------.$ Total Funds Budgeted ____... ___________________________ __.._..._ $ State Funds Budgeted ............................$ Total Positions Budgeted

531,000 45,703
9,000 --0--
5,500 2,000 --0-- 8,000 --0-- 601,203 601,203
35

3. Fiscal Administration Budget:
Personal Services ............................... ^ Regular Operating Expenses ....................... ..^ Travel ......_.-....._-......._........--...._.__--..--...__--..$ Motor Vehicle Equipment Purchases ....___.....,,.__. $ Publications and Printing _-..--._..._._--_.--...-..-...-.......$ Equipment Purchases ................. ...................^ Per Diem and Fees ..............................$ Computer Charges ......................... ^ Other Contractual Expense ......_.......-.........-.....___.....$ Total Funds Budgeted ......................... ^ State Funds Budgeted ...._.......-_......._.__......-....__...... $ Total Positions Budgeted

319,000 28,661 4,000 --0-- 12,000
1,500 --0-- 1,757,181
2,600 2,124,942 2,124,942
21

4. Self-Insurance Administration Budget:
Personal Services ....-_.-.....-_..__...,,-....-..-__---.. $ Regular Operating Expenses ......................... ^ Travel ....___-......._--...._-..........-........_-...._---.........-$ Motor Vehicle Equipment Purchases --.--_--------$ Publications and Printing ......_....-....__......-.........-...$ Equipment Purchases -..........--.....--.....----.....----...$

224,175 12,797 26,000 --0-- 3,000
1,000

3404

JOURNAL OF THE HOUSE,

Per Diem and Fees ........................................$ Computer Charges _.~.._._..._.._____.._....._________..__.._.___.___ $ Other Contractual Expense ..................................$ Workmen's Compensation ............................ ....^ Total Funds Budgeted ..................................% State Funds Budgeted .................................% Total Positions Budgeted
5. Procurement Administration Budget:
Personal Services ................................... ..^ Regular Operating Expenses ........................... ^ Travel ._.._.____.._..._._._..___.-..._...__.._,,.._..........._..........___.___.$ Motor Vehicle Equipment Purchases ___._..__.________.$ Publications and Printing .................... ^ Equipment Purchases .............................. ..^ Per Diem and Fees .......................... .......^ Computer Charges ..................................$ Other Contractual Expense ......................$ Total Funds Budgeted ___.______..___.______.._..__._...__..____.. $ State Funds Budgeted .................... ^ Total Positions Budgeted
6. General Services Administration Budget:
Personal Services .____-_.-______._____.-_.___________.--_-..._.$ Regular Operating Expenses ...............................$ Travel ....................................................................$ Motor Vehicle Equipment Purchases _.......--.....,,_.$ Publications and Printing ................................$ Equipment Purchases ......................................-....$ Per Diem and Fees .............................................$ Computer Charges ...................................................^ Other Contractual Expense ................................. ^ Total Funds Budgeted ..........-..,,................-..._.........$ State Funds Budgeted .._,,...........-....-......-....-,,.-.$ Total Positions Budgeted

--0-- 1,000
--0-- 890,000 1,157,972 1,125,572
17
689,630 86,798 12,000 --0-- 24,900 4,225 --0-- 17,000 8,500 843,053 843,053
53
164,000 8,685 3,000
--0-- 1,220 1,100
--0-- --0-- --0-- 178,005
89,827 13

7. Property Management Administration Budget:
Personal Services ...........................................$ Regular Operating Expenses _.-----------,,....--...... $ Travel ...._......-..............................._-.............._.-_..........| Motor Vehicle Equipment Purchases ....----..----..$ Publications and Printing .....................................$ Equipment Purchases ..........................................$ Per Diem and Fees ....................................... ..$ Computer Charges ................................... ^ Other Contractual Expenses ................................ ^ Total Funds Budgeted ..................................$ State Funds Budgeted .......................................$ Total Positions Budgeted

113,400 25,257 1,500 --0-- 1,300 2,000 --0-- 12,000 1,750 157,207 157,207
9

8. Data Processing Services Budget: Personal Services ................................ .......J^ 8,033,586

THURSDAY, MARCH 20, 1975

3405

Regular Operating Expenses _._.__-._-..-__._____._,,________.$ Travel -- -..................................................if Motor Vehicle Equipment Purchases -________.__-.___.$ Publications and Printing _._.___._..........____...___.___.$ Equipment Purchases _-__._-.--.___._______._._____._____.________. $ Per Diem and Pees ,,...__.--.........................................I Computer Charges -....-----........_._...___._...___$ Rents and Maintenance Expense -----._-._,,_.____-_-._._$ Other Contractual Expense .......... _______.___.$ Total Funds Budgeted -.-_..._.._..._...___.._$ State Funds Budgeted ---.-...-,,.......,,$ Total Positions Budgeted

3,720,155 25,000
--0-- 38,500 42,000
--0-- --0-- 7,794,381 375,000 20,028,622 --0--
624

9. Motor Pool Services Budget:

Personal Services ..._......._.....____.___$

Regular Operating Expenses ._...__.__..____........,,_____.$

Travel _.__._._.___. ._.....-_.__.__.____..__.._.._____________.___._._.,,..___.$

Motor Vehicle Equipment Purchases .______.__________.$

Publications and Printing ..____.. . .... __...,,________.$

Equipment Purchases . ..______._._.._____..__..____._____._______.__.$

Per Diem and Fees

....

-.,_...__.$

Computer Charges ....__________......__________.__.,,._..________..___.$

Other Contractual Expense --_...._.__._--.___-__.____.--__.$

Total Funds Budgeted ...--.. ........... $

State Funds Budgeted .. .. ...__....__._.,,...._...__.___.-.$

Total Positions Budgeted

109,284 176,733 --0-- 155,000 --0--
1,000 --0--
1,800 --0-- 443,817 --0--
13

10. Communication Services Budget:

Personal Services ... .. ._.__.__.... .................................I

Regular Operating Expenses __.._.__._____._____._____,,_._ $

Travel ............ .........,..$

Motor Vehicle Equipment Purchases ._._...._..----.....$

Publications and Printing ......_.__..._...._.-__......._.__..... $

Equipment Purchases ..__...............,.......__-........_.___-... $

Per Diem and Fees --..________--._.___-_--,,--___--_.----..--$

Computer Charges ._..___......_.____......__.._....,,_.__......___._...$

Other Contractual Expense - ...................._.._....__._._ $

Telephone Billings .-..___.-...._...._...._._._......._____-......__ $

Total Funds Budgeted ... .._.._.._......._.._._.._.___.....,,_.$

State Funds Budgeted ...__._.-....._.._......-... ....--.......$

Total Positions Budgeted

.

1,125,000 222,210 9,000 --0-- 10,000 35,000 --0-- 40,000 7,000
13,958,100 15,406,310 2,791,500
97

11. Printing Services Budget:
Personal Services .._..._......____.....____......._..._.....___-..._.$ Regular Operating Expenses ___...,,.----------------.$ Travel ......_.-....._____.-..__.__....--:-.----.-------$ Motor Vehicle Equipment Purchases ._____.__.--.--,,_ $ Publications and Purchases .._.__....--.--.------------$ Equipment Purchases ...__...,,____..-..._--.--_-..----------$ Per Diem and Fees .-.__..._-.--......--------.------.$ Computer Charges .......... ._..___.--..-...._--.-- .....$

849,570 861,849
7,000 --0--
1,000 94,000 --0-- 5,000

3406

JOURNAL OF THE HOUSE,

Other Contractual Expense ,,............................._......$ Total Funds Budgeted ................................. ^, State Funds Budgeted ....................................... ^ Total Positions Budgeted

--0-- 1,818,419
--0-- 75

12. Central Supply Services Budget:

Personal Services ..................................$

Regular Operating Expenses .................................^

Travel .............................. .^........ J$

Motor Vehicle Equipment Purchases ......................$

Publications and Printing ................................... ^

Equipment Purchases ................................^

Per Diem and Fees ......................

..................i

Computer Charges .........................................^

Other Contractual Expense ..............................$

Total Funds Budgeted . ..........................4

State Funds Budgeted .______.______.___.__..__....................$

Total Positions Budgeted

80,318 398,125
1,000 --0--
5,000 4,000 --0-- 2,500 1,275 492,218 --0--
9

13. State Properties Commission Budget:

Personal Services .,,.,,_..__,,__.__.______-..-...-..._.....-......___$

Regular Operating Expenses ..........................^

Travel ............................................... ..^^4

Motor Vehicle Equipment Purchases ______._____---_._$

Publications and Printing ............................. .^

Equipment Purchases ..........................^

Per Diem and Fees ............................$

Computer Charges ..................................... ._______.__.__,,$

Other Contractual Expense .....................................$

Total Funds Budgeted ...............................$

State Funds Budgeted

.............$

Total Positions Budgeted

130,000 50,000 20,500 10,000 8,000 17,000 22,000 --0-- 1,970.62 259,470.62 259,470.62
7

14. Volunteer Services Budget:
Personal Services ___.___--__________-__.___--.___._-----.----.$ Regular Operating Expenses ..............................$ Travel ...........................................$ Motor Vehicle Equipment Purchases ..........,,..,,.,,._$ Publications and Printing .,,,,..._._......._.,,,,,, ___:,,...... $ Equipment Purchases .....................-....................$ Per Diem and Fees .......................................^ Computer Charges ..___,,--.--.--.--.,,__----------------$ Other Contractual Expense ___._____________________._____.$ Total Funds Budgeted ....._....-............._-____..__-___..._ $ State Funds Budgeted .......................... ..^ Total Positions Budgeted

33,834 5,201 1,850 --0-- 4,500 --0-- --0-- --0-- 2,400 47,785
47,785 2

Budget Unit Object Classes:
Personal Services .........................% Regular Operating Expenses .......-........................-% Travel ............................ ^

12,402,797 5,642,174
119,850

THURSDAY, MARCH 20, 1975

3407

Motor Vehicle Equipment Purchases ................... ^ Publications and Printing -..._.._..__...._._.___.. $ Equipment Purchases ........................... ...^ Per Diem and Fees .................................... ^ Computer Charges .................... ..........^ Other Contractual Expense ......................^ Rents and Maintenance Expense -_._..-_.--________.--...$ Workmen's Compensation -___...._,,.___________.__,,__________.$ Direct Payments to Authority
for Operations .....................^ Capital Outlay .............................. .4 State of Georgia
General Obligation Debt Sinking Fund ....... $ Authority Lease Rentals --...___-.-----____._.--_-___._.__....$ Telephone Billings ......................... $

165,000 114,920 204,825 22,000 1,844,481 400,495.62 7,794,381 890,000
1,854,696 290,000
240,000 3,112i,753 13,958,100

Section 11. Department of Agriculture. Budget Unit: Department of Agriculture _..__.._-__,,._.$ 16,254,448

1. Plant Industry Budget:
Personal Services ......................... ^ Regular Operating Expenses ....................... ^ Travel .........I........... ........__.._........__ $ Motor Vehicle Equipment Purchases .--_...-.. $ Publications and Printing -.___._____-.____._____..______._____..$ Equipment Purchases ...............................$ Per Diem and Fees .._...._..........._..___._..$ Computer Charges __..__.___,,___.._.___-_.,,_______--__________.__.$ Other Contractual Expense __..--.---_------____-----_$ Fire Ant Eradication ....._....__. .__..._._.... $ Total Funds Budgeted .... ............. .,....._.._......__.........$ State Funds Budgeted ..............................................I Total Positions Budgeted

2,141,047 148,440 89,500 32,000 24,400 54,700 1,400 --0-- --0--
1,500,000 3,991,487 3,900,487
193

2. Animal Industry Budget:
Personal Services .................... ...^ Regular Operating Expenses .--..---------..--------$ Travel .___...._._._........___........._..........-.....-...-..-.--..$ Motor Vehicle Equipment Purchases .__._._.._..,,-...__.$ Publications and Printing ._____....._______-:___-_......____-...$ Equipment Purchases .. .___...,,_._-....__._-..-_...--_---..$ Per Diem and Fees ................................. ^ Computer Charges . ..,,.... .,,.__-..----...,,_--..--------.$ Other Contractual Expense .................... .... ^ Athens Veterinary Laboratory Contract __.......,,.. $ Tifton Veterinary Laboratory Contract ._........._...$ Poultry Improvement Contract ..____..,,_.__...,_.__...----.$ Veterinary Fees ......... ... .... -- ..^ Poultry Research Contract with
Georgia Institute of Technology ....................^ Contract with University of Georgia to
Study Asiatic New Castle Disease ___.______._.__..___.$

638,043 96,166 35,000 7,000 9,575 8,788
--0-- --0-- --0-- 220,000 330,000 515,000 525,000
250,000
250,000

3408

JOURNAL OF THE HOUSE,

Indemnities ---__.----_______._--,,_.____.._________________________,,_,,$ Total Funds Budgeted ....-_.____.-.......__.,,............._,,___.$ State Funds Budgeted ___.____._._....,,______..,,.......,,.._____.$ Total Positions Budgeted

100,000 2,984,572 2,884,572
51

3. Marketing Budget:
Personal Services .__.,,.....,,._...__.__..._........,,.._..__..._....$ Regular Operating Expenses ._-__-_--__._______,,,,_----.$ Travel ..........................................................................I Motor Vehicle Equipment Purchases .....--_____--....$ Publications and Printing .__.___.......,,__._____.............$ Equipment Purchases -_.___--_--.._.__,,,,__._.........._.___..___$ Per Diem and Fees .________,,_--___________________,,_____,,_________$ Computer Charges ,,.,,...,,-----,,---.--.______,,...........--,,$ Other Contractual Expense __...__.,,_........__..__...,,.....$ Advertising Contract _____,,_--____...._..........,,.__.___,,.......$ Authority Lease Rentals ----__--_--__________________,,_____.$ Total Funds Budgeted -----,,,,_____,,___.$ State Funds Budgeted .-.....-.___..-............__..__.._...-..$ Total Positions Budgeted

1,140,941
184,670 33,200
10,000 12,000 27,500 2,700 --0-- 31,100 35,000 945,000 2,422,111 2,283,181
101

4. General Agricultural Field Forces Budget:
Personal Services -__,,__--,,-----___.,,___._____.--_-.$ Regular Operating Expenses ---..,,..--.--.--._..,,----$ Travel ----,,,,.______.--.________..,,$ Motor Vehicle Equipment Purchases ____,,,,...._-.--.$ Publications and Printing .--.._,,_____................,,,,.___.$ Equipment Purchases --------._,,,,-____----$ Per Diem and Fees ______.........--,,___,,,,........,,.,,______,,.$ Computer Charges ........--------.......--...-_______._--.$ Other Contractual Expense ...--__._--___.__,,_.,,_._...,, $ Total Funds Budgeted ___................_______.__......._._.....$ State Funds Budgeted ...._....--___,,_._._,,............._______ $ Total Positions Budgeted

1,291,433 55,850 160,000 40,000 2,750 5,475
--0-- --0-- --0-- 1,555,508 1,555,508
124

5. Internal Administration Budget:
Personal Services .............---_--_____.____-._-.-._..-.....--.$ Regular Operating Expenses --___...--.--.--_._------.$ Travel .___,,..................____________.__-...........................-. $ Motor Vehicle Equipment Purchases ..-.-._.__-_.._----$ Publications and Printing ................,,..-_..-.--__..______.$ Equipment Purchases ___.__,,__.,,___________________________----$ Per Diem and Fees _-___..._-..._._.__.___..._....._....._..._.----$ Computer Charges ,,......,,......-.-.................................$ Other Contractual Expense ,,..-.-.-..-........-..----_--.$ Total Funds Budgeted .___._..___.___._____.____._.___-__._--$ State Funds Budgeted .....-_.,,__...-.-,,,,.___.........--$ Total Positions Budgeted
6. Information and Education Budget:
Personal Services .........-....-......---......................--?

780,272 66,030 16,200 --0-- 19,100 7,100 1,000 145,156 --0-- 1,034,858 1,017,858
55
115,463

THURSDAY, MARCH 20, 1975

3409

Regular Operating Expenses __._.____.__.______._.______..___.$

Travel

.

.

_

.__.$

Motor Vehicle Equipment Purchases .-_____._______.._,,_.$

Publications and Printing ._.__.___._____.___._____._______.___.$

Equipment Purchases .................................................I

Per Diem and Pees -...______...______.._____.......___..._........$

Computer Charges --..... -.._.... ..._._....$

Other Contractual Expense ._.. ----... --_...-.-____._..___..$

Total Funds Budgeted ___-._..-__....-_--_.__-__-_._._._._..._____...$

State Funds Budgeted .. .... ....._.. $

Total Positions Budgeted

232,410 1,500
--0-- 315,000
3,800 --0-- --0-- --0-- 668,173 668,173
11

7. Fuel and Measures Standards Budget:

Personal Services .---.__.__-__..._._._._.,__..._.___...._____..___...$

Regular Operating Expenses ............ $

Travel . .

. . _____..______._____..._____...._._.__.__.$

Motor Vehicle Equipment Purchases ........ __ . $

Publications and Printing ...... .................................I

Equipment Purchases __.____..__._..._____...__..__.._____._..._.$

Per Diem and Fees ...... .--___..--__..--._..--_.._--__..--_._--if

Computer Charges _.-_.___.._____.-.____-.-___....____..___,,,,.___. $

Other Contractual Expense ---____..-.___....___.._____.,,.__....$

Total Funds Budgeted _..-.___..-___...______...__...-.__-_..__.__..$

State Funds Budgeted ........................... ._._...._.._..._.$

Total Positions Budgeted

648,856 89,975 60,200 20,500 6,000 19,000
--0-- --0-- --0-- 844,531 844,531
61

8. Consumer Protection Budget:
Personal Services ..._._.,,._......__....._....._........_-...__....___..$ Regular Operating Expenses _...--__...--_._---.._--.._--$ Travel .........__..._.._....__........_._....._......__...._................._..$ Motor Vehicle Equipment Purchases .__...-......--..-- $ Publications and Printing ._......._...__........._...._......._..$ Equipment Purchases _...._...........__...._.,,._.-__...--.-.--.$ Per Diem and Fees ....___...__..._-_...-,,._----__-----------.$ Computer Charges _....__...,,.__...__...--..--.._----.--------$ Other Contractual Expense .-._----___--.-------------$ Total Funds Budgeted _..._.....-_.........-.-....-...-...-- $ State Funds Budgeted __.........._. ................................ $ Total Positions Budgeted

9. Consumer Protection Field Forces Budget:

Personal Services .......................... .._.._..-_...-.--$

Regular Operating Expenses .....................--.--...--.$

Travel ....... ....

--

$

Motor Vehicle Equipment Purchases ..--_..:...,,_ -- $

Publications and Printing ...... ._...._....._..._...----.-- $

Equipment Purchases ........-- .----------.--.-----.-.----$

Per Diem and Fees ,,_._........._.._...--....-...-- .--.--.----- $

Computer Charges ....__...__..-- ....--.------------------.$

Other Contractual Expense ...___--_..--.. _...-....--.----.$

Total Funds Budgeted ........-.......-.-...-.-.----I

State Funds Budgeted ...............-.--.-------I

Total Positions Budgeted

525,794 40,100 25,500 --0--
3,200 2,500 ' 1,000 --0-- --0-- 598,094 598,094
38
1,317,814 56,100 115,000 49,000 4,500 2,000
--0-- --0-- --0-- 1,544,414 1,366,414
107

3410

JOURNAL OF THE HOUSE,

10. Meat Inspection Budget:
Personal Services -.---..--.-..-.....--.....-......................I Regular Operating Expenses ..................................I Travel ----.______._______$ Motor Vehicle Equipment Purchases __...__.,,.__...__.$ Publications and Printing _...__...__.....__....__....._..__._..$ Equipment Purchases ,,._.....__.__.__.._.._...,,...._..._....,,.$ Per Diem and Fees --------.--..-__-...,,....__..._....,,..._,,.$ Computer Charges ----.---.-_-._._-___..-._....,,_...,,_...___.$ Other Contractual Expense ..___....,,.,,._....,,_...,,..._._..$ Total Funds Budgeted ._._..____._._________,,__.__,__,,_,,__.__._.$ State Funds Budgeted __..___.___.._._.__.________.,__,,_.______._.$ Total Positions Budgeted

1,724,940 38,350 135,800
--0-- 4,000 540 60,000
--0-- 32,000 1,995,630 835,630
144

11. Georgia Agrirama Development Authority Budget:
Payments to Agrirama Authority for Operations __...__...-.__..__-....-__..-__......_.-...__...,,....$
Total Funds Budgeted ..............................................I State Funds Budgeted ,,...,,,,,,.__.,,$

300,000 300,000 300,000

Budget Unit Object Classes:
Personal Services ......................................................I Regular Operating Expenses .__.-__._.__.__.-_.._.-_--..$ Travel ._.-____..__._..__....__..,,-_.._,,...,,_....._......__...,,___.._.$ Motor Vehicle Equipment Purchases ---------$ Publications and Printing ........................................I Equipment Purchases ................................................I Per Diem and Fees .... ,,.,,___._...__.,,___._$ Computer Charges _.-.,,__.________-______-_____________.:___,,______.$
Other Contractual Expense ___._._____._.____.___.__.._.___.____$
Fire Ant Eradication ...____...___...-_.....__..............-.....-$
Athens Veterinary Laboratory Contract --___,,__.,,.$
Tifton Veterinary Laboratory Contract ..__...,,_......$
Poultry Improvement 'Contract ,,--....----__--,,,.--__.$
Veterinary Fees .........................................................I
Poultry Research Contract with Georgia Institute of Technology __,,_,,___.__._________.$
Contract with University of Georgia to Study Asiatic New Castle Disease __.____-_.__,,_____$
Indemnities ...._..... .._....._..._..__.....__.......__......_-......_-.....$
Advertising Contract ...,,!,,.. ,,..,,...... $ Authority Lease Rentals .._......-___....__......_......,,__....$
Payments to Agrirama Authority for Operations _..______.__,,______._._______._______._,,_.____,,_-_.$

10,324,603 1,008,091
671,900 158,500 400,525 131,403 66,100 145,156 63,100 1,500,000 220,000 330,000 515,0'00 525,000
250,000
250,000 100,000 35,000 945,000
300,000

Provided, that of the above appropriation relative to Regular Operating Expenses, $50,000 is designated and committed for livestock and poultry shows relating to research and promoting.

THURSDAY, MARCH 20, 1975

3411

Provided, that of the above appropriation relative to Equipment Purchases, $25,000 is designated and com
mitted for the food processing plant at the Glennville Farmers' Market.

Section 12. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance ........ ...................$

1,580,637

1. Administration Budget:

Personal Services .__..,,..._._...._.__...........,_..__....__.....__..$

Regular Operating Expenses ..................................^

Travel _..,,-_,,._,,...,,,,.,,_..._..__.$

Motor Vehicle Equipment Purchases ----__..__,,,,_._.$

Publications and Printing __...___.__.-_____.____...___._._______.$

Equipment Purchases _ ...-.___..-._-.__-__._.-___...-____--__.__..$

Per Diem and Fees _...... ..................................,......^

Computer Charges ....._... .................................... ^

Other Contractual Expense

....-- ...-- ..--.$

Total Funds Budgeted ...,,....__-_. ._............._....-._..._. $

State Funds Budgeted ..............................................$

Total Positions Budgeted



324,318 56,589
5,000 --0--
12,000 3,843 1,000 9,919 --0-- 412,669 412,669
20

2. Examination Budget:
Personal Services ..--...-.....-....--.-.-.--....-..-.-.$ Regular Operating Expenses . .__._.__._..__ ..... ...._.,,..$ Travel ._....._._..........__...._............ ..._....__._...._......,, ..._.....$ Motor Vehicle Equipment Purchases __......_...._.....$ Publications and Printing .....................................$ Equipment Purchases ...................................--.........$. Per Diem and Fees __.____._._.._..__.....__.._-,,..--_..--.----.-$ Computer Charges ...........................--...--.--............^ Other Contractual Expense _. ...............................--...% Total Funds Budgeted -.-_-.- ._...........-_.-..---.-.$ State Funds Budgeted -..--.--.-.-...-.-.---..-..$ Total Positions Budgeted

919,326 12,400
229,285 --0-- --0--
6,957 -.--0-- --0-- --0-- 1,167,968 1,167,968
62

Budget Unit Object Classes:
Personal Services -..-.-...-.-.-.--.--.-----.---.$ Regular Operating Expenses .----.--.----.--~----.~$ Travel ....---------- 1 - $ Motor Vehicle Equipment Purchases __...__.--__-----$ Publications and Printing _..-___.__.._--_-----.-. $ Equipment Purchases ...._........__,,_..---..--.--. ------ $ Per Diem and Fees ........................ ..^ Computer Charges --.,,-------------------------------$ Other Contractual Expense .__...--._..------_---------$

1,243,644 68,989 234,285
--0-- 12,000 10,800 1,000 9,919
--0--

3412

JOURNAL OF THE HOUSE,

Section 13. Department of Community Development.
A. Budget Unit: Department of Community Development ___.._--__...__...___..______.._____.._________.___._.__.__.. $

16,406,499

1. Industry Budget:
Personal Services --..__-..__,,..__....._....___.....,,....___.._.._.$ Regular Operating Expenses .__--____--___..,,_______._____.$ Travel ___...___...___-...-___..___....__-..._.....__.....__..._.....___..___.,,.$ Motor Vehicle Equipment Purchases _...,,_...__,,..,,.$ Publications and Printing . ._.__.___.___.___.___._,_______.____,,$ Equipment Purchases ..--....-._._.,,.__.__..__..,,__...,,__,,....$ Per Diem and Pees ...____...___-__...____..,,__.....__......_....___$ Computer Charges ..____.___.._.....,,__.._.__...___...__.....___$ Other Contractual Expense --____-_,,_,,.______--_________$ Total Funds Budgeted ,,- -- __.__.$ State Funds Budgeted .._._....__....___................._._..._._...$ Total Positions Budgeted
2. Research Budget:
Personal Services ....._...._....____....__....._...__......___....__.$ Regular Operating Expenses .__----__.._.___.--.______...$ Travel .__..__-....__..........___..__.....__..,,__....__.....,,...._,,..__..$ Motor Vehicle Equipment Purchases --..----..--,,..$ Publications and Printing __..._.._..___....._....__......___....$ Equipment Purchases _....__.--_._....__....__._.._.__.._.._...__.$ Per Diem and Fees --.__.-..--_----_,,______,,_____________,,_____.$ Computer Charges __.__,,______..__________._._____________________.$ Other Contractual Expense --___---____.--__,,_____._-.____$ Total Funds Budgeted ._...___..._.._......!...._._._.___......_...$ State Funds Budgeted .__._....._._..__......_...._.._-..____...._.$ Total Positions Budgeted
3. Tourism Budget:
Personal Services .-_..__._...._..,,..._.....-_.__....-.__._..__.__...__.$ Regular Operating Expenses _--.----.--.....----..--.. $ Travel .__..,,_- ,,..,,_..,,_.__._.__._.__.- ...... $ Motor Vehicle Equipment Purchases --___--____.____.$ Publications and Printing ... _..._--.-.-- $ Equipment Purchases ,,.,,__.._..___...._.__..,,.___...,,._..,,.___.$ Per Diem and Fees _....._.._...._--......._....-__....____....__-..$ Computer Charges ....___.....___...__.__......_-_.....___...._._.....$ Other Contractual Expense _._____--_.__--.-____.-__---._$ Capital Outlay .__...._._......___......__......__._....___._...___......__.$ Local Welcome Center Contracts ___....._._.....___.....___.$ Total Funds Budgeted .............___......._.__....___.....__...? State Funds Budgeted ..._......_.__......_____.....__.___....___..$ Total Positions Budgeted

260,000 22,599 35,000 --0-- 2,000 --0-- 4,500 --0-- --0-- 324,099 324,099
15
227,130 53,793
5,000 --0--
2,000 1,240 1,800 19,465 --0-- 310,428 292,428
17
649,000 347,069
30,000 --0--
300 3,100 52,000 4,000 --0-- 10,000 85,000 1,180,469 1,180,469
70

Provided, that of the above appropriation relating to Capital Outlay, $10,000 is designated and committed to purchase land for a Welcome Center on 1-20 West.

THURSDAY, MARCH 20, 1975

4. Community Affairs Budget:
Personal Services _.__------_---__----_________._________.._______.$ Regular Operating Expenses _,,._.. _______..._______.___.___._$ Travel ........................ ..._^ Motor Vehicle Equipment Purchases ....................if Publications and Printing ..__.._____.__._______________..._..$ Equipment Purchases .............. ....^ Per Diem and Fees ----..--.--__.----__...---__.___._._____.,,..$ Computer Charges ___________________._____.._,,______._,,__________._$ Other Contractual Expense ...................................if Total Funds Budgeted ______....__..__.__..___.______.___.___._._._$ State Funds Budgeted .......... .._._.___.._..____.__._._.__.._.._..$ Total Positions Budgeted

5. Internal Administration Budget:

Personal Services ............................................ ^

Regular Operating Expenses _..._.________..___....__.._.__.._$

Travel

.

.-- _

$

Motor Vehicle Equipment Purchases _ ... --__...--_ $

Publications and Printing ......__....___......_.._. ....... .... $

Equipment Purchases ___..______________.______,,._.____--_____.___.$

Per Diem and Fees .... ..........__....._._....__.-...____....__._-. $

Computer Charges . - ............ ............. $

Other Contractual Expense ...................................^

Promotional Parade Floats ..........._._....._................ $

Total Funds Budgeted .............................................._.$

State Funds Budgeted ...... .............. ......................$

Total Positions Budgeted

6. International Budget:

Personal Services ......... ..._..._..........._............_._....__.._.$

Regular Operating Expenses ..--......--...----------..I

Travel ..-..-,,--------$

Motor Vehicle Equipment Purchases __....... .._._.._..$

Publications and Printing - ....................

...--.. $

Equipment Purchases .._..,,._....--...----.--..--_..----. $

Per Diem and Fees ................. ..._...._....................-..$

Computer Charges ....._...............-.....--------.$

Other Contractual Expense .........._._..._....--......--..$

Total Funds Budgeted..................... ...................-...$

State Funds Budgeted .....................................I

Total Positions Budgeted

7. Advertising Budget:
Advertising ......_...._._...................-.....-------..--$ Total Funds Budgeted ..... ^ State Funds Budgeted ............ ..........-..----..-- $ Total Positions Budgeted

3413
307,466 32,942 12,000 --0--
6,448 225
2,520 --0-- --0-- 361,601 120,534
18
484,436 306,196
18,000 --0--
30,450 1,300
12,000 2,000 --0-- 28,000 882,382 825,431
32
108,711 67,466 40,853 --0--
1,050 400
152,390 4,000
--0-- 374,870 374,870
7
785,190 785,190 785,190
0

3414

JOURNAL OF THE HOUSE,

8. Grants to Area Planning and Development Commissions Budget:
Grants to Area Planning and Development Commissions _____.______,,_-_______,,_._____.$
Total Funds Budgeted ___-_-______.____,,._.______._____.________$ State Funds Budgeted .._._....,,......,,.__.__._._.._...........$ Total Positions Budgeted

1,170,000 1,170,000 1,170,000
0

9. Area Development Budget:

HUD--701 Planning Grants

....__,,._$

Total Funds Budgeted ____,,_,,_,,_,,_.___.____$

State Funds Budgeted ._..............---.-.--..-...-...----.$

Total Positions Budgeted

1,365,000 1,365,000
--0-- 0

10. Ports Authority Budget:
Authority Lease Rentals ,,...._..........-..........._...-.__..$ State of Georgia General Obligation
Debt Sinking Fund .............................................I Total Funds Budgeted ....,,..............-.-......-..-_____-..____ $ State Funds Budgeted ___.._....,,....._...-............_____,,__.$ Total Positions Budgeted

2,790,000
5,500,000 8,290,000 8,290,000
0

11. World Congress Center State of

Georgia General Obligation

Debt Sinking Fund ............-..-_.,,-_----_--.-$

Total Funds Budgeted ...-__.-__.______..______--____---_.$

State Funds Budgeted . _

.$

3,043,478 3,043,478 3,043,478

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 ....--....------....-------------------I

Other Contractual Expense _,,,,__._.__--__._._------__--$

Capital Outlay ...

.----..$

Local Welcome Center Contracts .._._._._______.___________.$

Advertising _______________________.____._______._,,___-_-_--__-_---.$

Promotional Parade Floats ___.___..__._._-______-.__-_-...$

Grants to Area Planning and

Development Commissions .......,,-...----------.---- $

HUD--701 Planning Grants .......---------I

Authority Lease Rentals _________...-~--~----~?

State of Georgia General Obligation

Debt Sinking Fund ___._____._.____----------------$

2,036,743 830,065 140,853 --0-- 42,248 6,265 225,210 29,465 --0-- 10,000 85,000 785,190 28,000
1,170,000 1,365,000 2,790,000
8,543,478

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking

THURSDAY, MARCH 20, 1975

Fund, $4,500,000 is specifically appropriated for the purpose of financing repairs and construction and land acquisition by the Georgia Ports Authority through the issuance of not to exceed $52,000,000 in principal amount of General Obligation Debt.

Provided, that from the above appropriation for the State of Georgia General Obligation Debt Sinking Fund, $1,000,000 is specifically appropriated for the purpose of financing the construction and equipping of a general cargo facility on Colonel's Island in Glynn County, Georgia, through the issuance of not to exceed $12,000,000 in principal amount of General Obligation Debt; provided further that, if such bonds are not sold prior to June 30, 1976, funds appropriated for this purpose, and any interest accrued on such funds, shall lapse to the State Treasury.

B. Budget Unit: State Crime Commission ..._.._. _._._..__.$

1. Planning and Grant Administration Budget:

Personal Services ........... $

Regular Operating Expenses ..______._._____.....,___,,____-._.$

Travel ._._..._. $

Motor Vehicle Equipment Purchases _..--._..,,_.-- -- $

Publications and Printing ..._....___.__...__.__.__.___$

Equipment Purchases _.,,_._.___..__.____,,.___........ $

Per Diem and Fees ....._.._....._.._ .......... ._____.....___...._..__.$

Computer Charges ........,,._.......,,._,,_____.-_.$

Other Contractual Expense ........--___--......._.--..__.$

Total Funds Budgeted ._..___._..____.....__._.-_..-__.....$

State Funds Budgeted

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

Total Positions Budgeted

2. Crime Statistics Center Data Budget:

Personal Services . ...

____..___._..-.__...----_$

Regular Operating Expenses _......--.._--....--_...----.!?

Travel ....-......-- -- -$

Motor Vehicle Equipment Purchases _...-__...------$

Publications and Printing .... ..................--... ..--_...$

Equipment Purchases - ................ ......--..--.-...$

Per Diem and Fees ..........................-_...--..----$

Computer Charges ...:.....-.--$

Other Contractual Expense .-_...-..--.,,.----..--------$

Total Funds Budgeted _ ................._...._...._...--.-$

State Funds Budgeted ........ ....................-..$

Total Positions Budgeted

3. Georgia Organized Crime Prevention Council Budget:

Personal Services . ............. .

.. ..$

Regular Operating Expenses _............__.........--..--... $

3415
1,017,110
556,215 67,260 22,600 --0-- 8,750 1,000 11,000 --0-- --0-- 666,825 66,683
35
66,521 16,690 6,750 --0-- 4,300
450 3,000 7,315 --0-- 105,026 --0--
4
34,270 5,910

3416

JOURNAL OF THE HOUSE,

Travel ................................................$

Motor Vehicle Equipment Purchases --.___-----____...$

Publications and Printing

....................$

Equipment Purchases ................................................^

Per Diem and Fees .........................$

Computer Charges .......................$

Other Contractual Expense ....._.......___._......___.__.._,,.$

Total Funds Budgeted ._,,_.,,.._.,,__,, $

State Funds Budgeted ......... ...^

Total Positions Budgeted

2,400 --0--
750 --0-- --0-- --0-- --0--
43,330 4,333
2

4. LEAA Grants Budget:

LEAA Action--Local ..................$

LEAA Action--State _...___.___......,,.____-.......__......._._.$

LEAA State Buy-In ..._...._........__.._..._.......___.........___.. $

LEAA Discretionary

..............$

LEAA Planning .__..$

Total Funds Budgeted ._...__........._..._._......._.-_......_.__..$

State Funds Budgeted _........._.....-......._....__......___.....$

Total Positions Budgeted

7,278,986 4,650,360
946,094 225,000 475,600 13,576,040 946,094
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 --......................._-..____,,__.?

Other Contractual Expense _.......--_--._,,----------.$

LEAA Action Local ... .,,.._.,,,,. $

LEAA Action State ....................^

LEAA State Buy-In

........... ^

LEAA Discretionary

.......

_.-,,-$

LEAA Planning ........................................................^

657,006 89,860 31,750
--0-- 13,800 1,450 14,000 7,315
--0-- 7,278,986 4,650,360
946,094 225,000 475,600

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. Budget Unit: Office of Comptroller General-

..$ 3,395,074

1. Internal Administration Budget:
Personal Services .----_------------------------------$ Regular Operating Expenses ----.------------$

322,000 60,355

THURSDAY, MARCH 20, 1975

Travel ,,,,,,--,,-----._--_,,_.___._,,__,,_$ Motor Vehicle Equipment Purchases ______,,_____..$ Publications and Printing ___....._____._...,,__.___....__..____$ Equipment Purchases ,,...__._.....,,._.__...._.___._,,...._.____.$ Per Diem and Fees _----._----____._.__.______,,.,,.______.....,,_.$ Computer Charges .---_,,...--___........__.__.___.....__.__....._.$ Other Contractual Expense ._......._....._.__......,,_____.....$ Total Funds Budgeted _....._._._.__........_.____._......_.__._... $ State Funds Budgeted _..._._._.._..-......_.___.._......___.___._.$ Total Positions Budgeted

2. Insurance Regulation Budget:

Personal Services .---.--------$

Regular Operating Expenses ._,,...._...--___...--____.._.$

Travel ._..,,,, ...... ...,,.,,$

Motor Vehicle Equipment Purchases ......____...__._._.$

Publications and Printing

,, _ ,,$

Equipment Purchases _______.._______________,,______.,,,,____,,___$

Per Diem and Fees _--..._.__._....._.___._--...._-_........-.__._...$

Computer Charges ....

.,,____._...$

Other Contractual Expense ...._--_.__....,,_..-.,,.-._...,,.$

Capital Outlay _..._.___. ......______......__..__...,,.___.....,,._____._.$

Total Funds Budgeted .._..........._.___......____....._._.........$

State Funds Budgeted .,, . _ .

$

Total Positions Budgeted

3. Industrial Loans Regulation Budget:

Personal Services

....-,,$

Regular Operating Expenses _...._...._._....--_.......,,..$

Travel

.

$

Motor Vehicle Equipment Purchases _-..._........_._.. $

Publications and Printing ........._..........__..._......_.._...$

Equipment Purchases __...--___. ---.__.---__..__---___,,--.$

Per Diem and Fees __......___...,,._......__..._...._........._..._...$

Computer Charges .--___....--......--....--------.--.--.-- $

Other Contractual Expense ___.....___.....-__._----._.---.$

Total Funds Budgeted _..-..............._...._...-._._.....$

State Funds Budgeted .............._.__..._............._-....__..$

Total Positions Budgeted

4. Information and Enforcement Budget:
Personal Services _......-...-.-....---.-.-------.$ Regular Operating Expenses ... _._....--...._--..._....-- $ Travel ...._..,,__-...-..-..-...-......-.._---.--------- $ Motor Vehicle Equipment Purchases _.___...__-__-_--.$ Publications and Printing ,,..-- ........._--...-----------.$ Equipment Purchases _.____...___...--_,,_----------------$ Per Diem and Fees ._...........-.._.-.-_--.--.----$ Computer Charges ._,,..---.---------------.-----------$ Other Contractual Expenses __..--____----_.-----------$ Total Funds Budgeted ...--$ State Funds Budgeted ._...._......_-.......---..-.--$ Total Positions Budgeted

3417
13,800 --0--
5,200 300
9,200 --0-- --0-- 410,855 410,855
21
524,000 23,500
7,000 --0--
28,000 700
8,200 26,500 --0-- 6,000 623,900 623,900
40
217,000 22,636 15,000 50,400
1,600 --0-- --0-- --0-- --0-- 306,636 306,636
16
371,000 31,600 14,500 12,600
5,000 700
5,000 --0-- --0-- 440,400 440,400
32

3418

JOURNAL OF THE HOUSE,

5. Fire Safety and Mobile Home Regulation Budget:

Personal Services --.._.___..__._.__.__..._,,__.....,,...............$

Regular Operating Expenses ___________.________.____________.$

Travel -.-.--.._-___.___.___.,,,,._.,,..........,,....,,....._.,,........$

Motor Vehicle Equipment Purchases ....................$

Publications and Printing

$

Equipment Purchases -_._.........................___.,,.....,,......$

Per Diem and Fees .--._..._..._..__..._._...,,.......................$

Computer Charges --,,_____________,,_____________________,,,,_____$

Other Contractual Expense __,,_----..__,,----_,,_____--.$

Total Funds Budgeted

..---.._,,-$

State Funds Budgeted .._,,._.__.._.__..__.___$

Total Positions Budgeted

1,215,000 74,433 150,200
151,200 20,000 1,950
500 --0-- --0-- 1,613,283 1,613,283
113

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 --..,,...,,.-_,,-,,..--$ Other Contractual Expense ______.,,_____,,_----,,_________-_$ Capital Outlay ___-............__._______.-_-.......-..__--.............$

2,649,000 212,524 200,500 214,200 59,800 3,650 22,900 26,500 --0-- 6,000

Section 15. Department of Defense. Budget Unit: Department of Defense _.____----._________..$ 1,687,404

1. Administration and Support of State Militia Budget:

Personal Services ,,_,,.___ ,,_______._----____._.,,_$

Regular Operating Expenses .__,,.-......--_----_-_--.....$

Travel

--------,,-------- $

Motor Vehicle Equipment Purchases --....,,__.___.....$

Publications and Printing _._._.-,,.$

Equipment Purchases ___,,________,,_____----_----__-.,,_--_-$

Per Diem and Fees ___.__...,,..___.__.____,,...._.___.__-.........__.$

Computer Charges ...-..__.__...-.....-----------_--_------$

Other Contractual Expense --_._.._-.--------.,,------$

National Guard Units Grants _............._.___-...,,.-_.__.$

Georgia Military Institute Grant _,,....--.----....--.- $

Civil Air Patrol Contract .__-......._..._--,,-__.-..-$

Total Funds Budgeted ..................................I

State Funds Budgeted ...---- -- --$

Total Positions Budgeted

553,415 88,036
5,500 --0--
32,000 5,000 8,500 --0-- --0-- 200,000 16,000 50,000 958,451
958,451 36

2. Civil Defense Budget:
Personal Services ..............-..---$ Regular Operating Expenses ...._.--..._.--__--.----_--$

501,724 70,935

THURSDAY, MARCH 20, 1975
Travel .......................... ^ Motor Vehicle Equipment Purchases _._.__._-._......$ Publications and Printing .--..____._.$ Equipment Purchases -------....................................I Per Diem and Fees ..........-- _____._.___.$ Computer Charges --....------......_........____________.________.$ Other Contractual Expense .................. ........^, Total Funds Budgeted ........._...._._._.____.____..___________..__._.$ State Funds Budgeted . ................_.....___,,_____._.________.$ Total Positions Budgeted

3419
21,000 --0---
6,500 4,000 --0-- --0-- --0-- 604,159 307,071
35

3. Community Shelter Planning Budget:

Personal Services - ..................................^.............^

Regular Operating Expenses ..................................I

Travel

........................... ^

Motor Vehicle Equipment Purchases --._ --_...,,. $

Publications and Printing -_.___.____-_-.___________-._____._. $

Equipment Purchases ..............................................^

Per Diem and Fees .................. .^

Computer Charges - ......-..----.....,,......-...._.._.....,,.._.___.$

Other Contractual Expense ___._.__________.________._______.$

Total Funds Budgeted .......-_...... .... ...... %

State Funds Budgeted ...........................................^

Total Positions Budgeted

97,247 3,500 12,500 --0-- --0-- --0-- --0-- --0-- --0-- 113,247 --0--
7

4. Armory Maintenance and Repair Budget:

Personal Services ...................................................^

Regular Operating Expenses . ....

......... $

Travel ..........__......._._._........__._......___... ..._._._.._......__.__$

Motor Vehicle Equipment Purchases ,,..........__... $

Publications and Printing ,,_.._.....----._......----...--. $

Equipment Purchases ..............................................$

Per Diem and Fees __.__..._._._.......__._.-..-._.__.-...---__......$

Computer Charges ....___..-....--......-.-...._...._.__...-...__.._.$

Other Contractual Expense ........................--.....--.^

Total Funds Budgeted ........ ......_........_..---_....-$

State Funds Budgeted ._ .. . ........ ._......._._...-..._.... $

Total Positions Budgeted

59,000 145,270
3,000 --0-- --0--
5,000 --0-- --0-- --0-- 212,270 212,270
5

5. Service Contracts Budget:
Personal Services .......................-..._...-----.$ Regular Operating Expenses .. . ...._............$ Travel .....- .......:....-._.......- ..................... ..-....-.. $ Motor Vehicle Equipment Purchases ...................^ Publications and Printing .._..........-- ....---.------..$ Equipment Purchases ......... __..____._..____._..-- .------$ Per Diem and Fees ........................-------------------$ Computer Charges ...._._..-----...,,------..--------------$ Other Contractual Expense ..........._..................--.I Total Funds Budgeted ._......._....._.........--- ..- $ State Funds Budgeted ........... .........--.....---I Total Positions Budgeted

1,109,844 150,700 1,000 --0-- --0-- 500 --0-- --0-- --0--
1,262,044 209,612
112

3420

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 .... Other Contractual Expense _....._.......___. National Guard Units Grants .__.._._____.. Georgia Military Institute Grant ___._.. Civil Air Patrol Contract ....._..__,,._.,,.....

2,321,230 458,441 43,000
38,500 14,500 8,500
--0-- 200,000
16,000 50,000

Provided, however, that of the above appropria tion, $50,000 is designated and committed for the Civil Air Patrol for the purpose of reimbursing Civil Air Patrol Pilots for gas and oil during search and rescue missions.

Section 16. State Board of Education -- Department of Education.
A. Budget Unit: Department of Education ____.,,..._._._._$ 664,295,451

1. General Education Budget:

Personal Services ,,.,,,... ,,,,,..._-$

Regular Operating Expenses ..................................^

Travel ,,

_. ..

$

Motor Vehicle Equipment Purchases ._.____..........__.$

Publications and Printing __._._.._____________.__._..._________.$

Equipment Purchases _.....,,._________-----._--________--..-_$

Per Diem and Fees ... ................................................^

Computer Charges :...................... ^

Other Contractual Expense ........._-__._............__._._.$

807,641 69,036 39,662
--0-- 65,304 9,400 28,233
--0-- 171,800

APEG Grants:

Salaries of Instructional Personnel (Sec. 10 (a) (1) and 10 (a) (3)) ______......... $ 345,501,396

Salaries of Student Supportive Personnel (Sec. 20 (a)) ......................................................^ 16,032,701

Salaries of Administrative and Supervisory Personnel (Sec. 21 (a)) ....................................$ 42,475,814

Instructional Equipment (Sec. 14) ............__..___.f 966,834

Maintenance and Operation (Sec. 15) .....--_.._..$ 54,406,600

Sick and Personal Leave (Sec. 16) __._.._.._...__.___.$ 2,913,225

Travel (Sec. 17) ...................................................^ 591,750

Isolated Schools .....................^

67,000

Mid-Term Adjustment

............% 2,000,000

Required Local Effort ........................................(% 78,550,000)

THURSDAY, MARCH 20, 1975

3421

Non-APEG Grants:

Teacher Retirement _.._....__.._._....._.__._.___...._____..___._..$ 30,521,030

Driver Education ....... ......... .. ..._......._..___... $ 375,000

Cooperative Educational Service Agencies ... $ 2,502,000

Superintendents' Salaries ..__......__...___......__.._..$ 2,942,055

Compensatory Education ............ ............ .... $ 10,246,750

Education of Children of Low-Income

Families (Migratory) -

______ ......

$

431,000

Total Funds Budgeted ....... _____ ......... $ 434,614,231

State Funds Budgeted _____ __...$ 433,582,045

Total Positions Budgeted

43

2. Pre-School Education:

Personal Services _ ....____.___._______._________..____ . _ $

Regular Operating Expenses ....--.. .--,,. .__--.. . ..$

Travel _____

_ __

________ $

Motor Vehicle Equipment Purchases ..... ..... . $

Publications and Printing ... __ ....... _______ $

Equipment Purchases _ ....... ______ ................ $

Per Diem and Fees ........ ........ ....................... __ $

Computer Charges

...... .___.._....____....___$

Other Contractual Expense _

...... .._._..$

111,597
11,718 11,600 --0-- 4,820
500 600 --0-- --0--

Grants:

Selective Pre-School Development........ ..... ..$

Pre-School Pupil Transportation . ... . .....$

Education of Children of Low-Income

Families ... . ..... ...... ................ ............$

Total Funds Budgeted . . .. . . _..__ .... ._ $

State Funds Budgeted _

_$

Total Positions Budgeted

14,647,580 400,000
13,950 15,202,365 15,187,232
7

3. Regular Vocational Education Budget:

Personal Services _.

.

.$

Regular Operating Expenses _____ -_-_-_ ....$

Travel _______.._.___....._____.._____...._____..______.____ ..................... $

Motor Vehicle Equipment Purchases ...._.....--.. ..-- $

Publications and Printing .... _ ______$

Equipment Purchases-__ .............----..-- . .___..--$

Per Diem and Fees ...... __ ...- .-. ...._................ .$

Computer Charges _....__.__..-_..-..-- ........----..----------.?

Other Contractual Expense

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

1,899,568 116,123 130,444 --0-- 22,710 11,351 6,700 --0-- 1,309

Grants:
High School Program ...._._.....___..__.......................- $ Teacher Retirement .._..._.._...._._............ ...... $ Teacher Training and Research .......-- --.. ... $ Adult Education . ....... _ ...........-...----- $ Area Vocational Technical Schools .. ._............$ Area Vocational Technical Schools--
Construction .........................-..-.---------I

14,114,243 1,730,684 891,568 2,687,671
29,315,442
3,758,472

3422

JOURNAL OF THE HOUSE,

Comprehensive Employment and Training --_..$ Total Funds Budgeted _......._...._-___.-.__,,.,,___._........ $ State Funds Budgeted _.---____...__.,,...--......-_-.....__.....$ Total Positions Budgeted

4,659,049 59,345,384 40,171,495
124

4. Special Education Budget:
Personal Services ......................................................I Regular Operating Expenses _,,..-__.....---_..,,--_...--__.$ Travel --,,.-_____._,,___.._.__._,,_._._._,,._,,_,,__..___.$ Motor Vehicle Equipment Purchases _-___--_____--.$ Publications and Printing ,,___...__......-.___..,,.__......-,,.$ Equipment Purchases ................................................I Per Diem and Fees _______.,,_______________._.___.______,,____._____$ Computer Charges .----.__--._...,,_....,,-__.....____........__$ Other Contractual Expense .-,,--....,,,,-----__--.-,,.--..$

387,359 40,481 39,000 --0-- 5,835 3,500 6,132 --0-- --0--

APEG Grants:
Salaries of Instructional Personnel (Sec. 5 and 10 (a) (2)) .__________.___.______.___,,___.$
Maintenance and Operation (Sec. 15) ................$
Sick and Personal Leave (Sec. 16) .____._._.._....__..$ Travel-Special (Sec. 17) __._...______.__$ Special Education Leadership Personnel
(Sec. 21 (c) (2)) ..,,-......-........$ Pupil Transportation (Sec. 25) .____.__.._..________.___.$

43,395,775
7,124,600 381,675 85,000
347,490 2,640,000

Non-APEG Grants:
Instructional Services for the Handicapped -- $ Preparation of Professional Personnel in
Education of Handicapped Children ,,___.___.___ $ Educational Training Services for the
Mentally Retarded ......_._.......___..-......__......___-....$ Tuition for the Multi-handicapped --...----....--.$ Severely Emotionally Disturbed ...._______________,,___.$ Teacher Retirement ....__...,,.....___.,,.....__._.......,,_......$ Total Funds Budgeted ......_...........__..,,......__.......__._...$ State Funds Budgeted ._......-_.......-.._-........,,..-......___.$ Total Positions Budgeted

1,039,434
106,454
300,000 467,000 5,352,773 3,284,396 65,006,904 63,644,691
25

5. Compensatory Education Budget:
Personal Services _,,________._______.__________._________,,________.._.$ Regular Operating Expenses ,,_._______--,,____----_--__.$ Travel __...........__.........-...___.......___..........__.___-...-_._._.....$ Motor Vehicle Equipment Purchases ____........____,,..$ Publications and Printing _......,,________...-.-_----.....--$ Equipment Purchases ......_.-___....-.--__._...--...-,,--....--$ Per Diem and Fees ___,,......--_____--..--..----..----------$ Computer Charges .--___._,,......_,,__.__.__.......,,----_.--.$ Other Contractual Expense _____,,._.._,,_.------------_--$

314,811 28,464 16,200 --0--
750 306

THURSDAY, MARCH 20, 1975

3423

Education of Children of Low-Income Families ___._._.________.____,,_.____.._________.. $
Total Funds Budgeted .._.___....,,_......._..._..,,._.,,....__......$ State Funds Budgeted ..____-.....__._.....__._...___..-...._.__..? Total Positions Budgeted

41,504,590 41,865,121
45,240 23

6. Instructional Materials Budget:
Personal Services .......____...__._...._.._,,.._...,,.___.....__.......$ Regular Operating Expenses --____---_,,__.--_--_____--$ Travel ___.....__... ._._,,.,,.,,._.,,...,,,,...$ Motor Vehicle Equipment Purchases ___.--_______.____._.$ Publications and Printing _______._,,_____._____.__._____..____._.$ Equipment Purchases .._.-__.,,.___-....__...-_-......_.......$ Per Diem and Fees ...,,._ ...... ,,..,,,,$ Computer Charges ___-_,,____.___________.___________,,___--,,___,,...$ Other Contractual Expense .._.,,...__.-...__._.....__..____..$

113,623 21,337
6,384 --0--
25,998 23,656 10,000 --0-- --0--

APEG Grant: Instructional Materials and Media (Sec. 13).- $ 13,183,920

Non-APEG Grants:
School Library Resources and Other Materials -,,..._-....._-.__-...-_...._-._...__-.,, - $
Strengthening Instruction in Critical Subjects $ Total Funds Budgeted __,,_.-_-____.___...__.__-_-__-_-.__--$ State Funds Budgeted _.__.,____....____.______,,_-..-_._._-__..$ Total Positions Budgeted

1,815,832 802,676
16,003,426 13,245,883
10

7. Educational Media Budget:
Personal Services _....__._..-_.__... ........__..._...-_...__-$ Regular Operating Expenses ..___...__..._...._._.._-...__.$ Travel ,,-..---$ Motor Vehicle Equipment Purchases _--.--_------.$ Publications and Printing .__..._..__.. .._.... $ Equipment Purchases __.__...._.._...__.._..._..--_.....-- --._$ Per Diem and Fees _,,....-_....__.-.._._...-..-.....-.,,._..-..-$ Computer Charges _--_--..------.--------------.-..-- $ Other Contractual Expense --...----..----.--.-- ._-.. $ Authority Lease Rentals .....__..-....._-...._-....--....-$

2,248,077 1,460,880 71,348
--0-- 143,692 39,344 120,267 --0-- 51,154 333,204

Grants:
Summer Library Supervisory Program --_ ...- $ Educational Television .._-.__.__..-..-..__-.,.._..........? Total Funds Budgeted -..._..._......__..._.......__.---- $ State Funds Budgeted ...__...._-._...-.._.-_....-.-- $ Total Positions Budgeted

62,830 56,186 4,586,982 4,348,982
193

8. Student Services Budget:
Personal Services ..__--__.--_._---__,,..__.._.-...__..._,,...___ $ . Regular Operating Expenses __.,,__...__.,,-_._--....._--. $

241,387 24,982

3424

JOURNAL OF THE HOUSE,

Travel _..____-_.--.--_-------.-----$ Motor Vehicle Equipment Purchases --_------__..$ Publications and Printing ___......-__._..._.._..__._..____$ Equipment Purchases ,,.,,--,---__..._____,,____,,-,,___-$ Per Diem and Pees __._...._....._,,._.__-.....___-_.-_.......$ Computer Charges' .,,_.--,,_,,.-,,_--..--__----,,----.--$ Other Contractual Expense ..,,....__-....-__..._.._.......$

19,800 --0--
3,000 --0'--
1,319 --0--
9,790

Grants:
Psychological Services .___,,______.__.________.______.$ Guidance, Counseling and Testing _--__.______--___.$ Total Funds Budgeted .......__...______._._._...___.,.,,___.....$ State Funds Budgeted ___.._._..._____._...___.....,,._...,,,,$ Total Positions Budgeted

48,000 200,000 548,278 509,6%
15

9. Ancillary Services Budget:
Personal Services _.__.-._______.___.____.,,_____.,,____.________$ Regular Operating Expenses _,,..___......___.__....____....$ Travel ____....__...____,,...._....___,,...___...._._....___....___....__....__.$ Motor Vehicle Equipment Purchases ....--....._.-..____$ Publications and Printing _....__._....__......_._....__....___..$ Equipment Purchases -----_----_--__------_----------_$ Per Diem and Fees _.,,.-.,,.___.....___...._._....._......,,......_$ Computer Charges ..,,--..._,,--._--.._,,-.--___...--__....__..$ Other Contractual Expense ._____________--______________._____$

724,804 69,277 63,500 --0-- 14,395 2,950 8,200 --0-- --0--

APEG Grant: Pupil Transportation (Sec. 25) ._._....._................$ 34,225,440

Non-APEG Grant:

School Lunch _..__..._._...._._._..,,._.,,...__....,,__,,...._......$ 80,224,318

Grants to School Systems for

Capital Outlay Purposes .-.__,,...,,__-......,,-...___,,...__.$ 3,325,000

Grants to School Systems for Authority

Lease Rentals Payments to Georgia

Education Authority (Schools) .___.....__.....___...$ 26,789,757

State of Georgia General Obligation Debt

Sinking Fund .___.....__._-..._.-..._-....._.-__......__.....___.....$ 4,500,000

Grants Direct to School Systems

for Capital Outlay Purposes .....__......___..__.._..-...__.$ 624,243

Total Funds Budgeted ,,..------$ 150,571,884

State Funds Budgeted -___....___...-_._.......__.._.___...._._...$ 80,579,774

Total Positions Budgeted

48

10. Statewide Leadership Budget:
Personal Services ......................................................I Regular Operating Expenses ,,_--_--__--_----__----$ Travel .....-.....-...-..-....-.....-.-...--.......-....--...-...I Motor Vehicle Equipment Purchases ----_.__-__---,,._$ Publications and Printing ..__._....___....,___,,..._.__......__..$

635,255
42,243 55,844 --0-- 5,300

THURSDAY, MARCH 20, 1975
Equipment Purchases --.--...--___--...._.____.....__........._$ Per Diem and Pees _.....-._._.-..-....__,,....___,,.......__._....._$ Computer Charges ___.._.-.___.-......___...,,__,,......___.........$ Other Contractual Expense -......----.,,..__--...__.----,,$ Total Funds Budgeted -...,,___,,____.$ State Funds Budgeted ... --.,,--,,--.$ Total Positions Budgeted

3425
3,750 6,000 --0-- 5,000 753,392 705,629
37

11. Financial Services Budget:
Personal Services ____,,,,.._..___,,__._.___$ Pvegular Operating Expenses ___.--_______-._______.______,,_.$ Travel _,,.,,..,,._. .... ,,.,,.._,,.._,,_._,,$ Motor Vehicle Equipment Purchases --.__.__--__,,--_.$ Publications and Printing _,,.._______..______________.,,______,,$ Equipment Purchases _--_.----.....--_.,,--___,,...-_..._--.$ Per Diem and Fees ---.-__...--,,.-._---_.._--__.--,,___-._--_.$ Computer Charges __.._.____________________________.,,__--_,,_.$ Other Contractual Expense -_......._.__...-.___._.,,_._.,,__.$ Total Funds Budgeted _._.___._______._..___.____._____._.____.____.$ State Funds Budgeted - .......,,...._ ...._._......_......_._.....$ Total Positions Budgeted

246,022 24,204 19,916
--0-- 15,075 2,374
--0-- --0-- --0-- 307,591 224,926
17

12. Program and Staff Development Budget:
Personal Services ._____,,.______-_____._________.._..__-__.__--__$ Regular Operating Expenses ----__-_._--,,_----___--.,,$ Travel ____.---.-$ Motor Vehicle Equipment Purchases .___,,_--__.__--,,.$ Publications and Printing ___....____..,,_______,,_______________.$ Equipment Purchases __...._.__...__._.-...____-..__....,,___.,,.,,_-$ Per Diem and Fees ,,___,,-_,,__----,,$ Computer Charges __,,.,,.,,...----.--....---.------------.$ Other Contractual Expense ..,,__,,.,,.__...___...-._....._-.$

763,857 48,187 31,087 --0-- 20,335
4,872 15,208 --0-- 904,723

Grants:
Supervising Teachers ___...__._..--..------------.-----$ Supplementary Education
Centers and Services .._.__...___..__.-..___.-.__....._----$ Staff Development _.........-.__...__-..__.-.__--..---$ Total Funds Budgeted ..._...._..-....__...__-..__..-_-.-.-$ State Funds Budgeted ._____.,,____..-__,,___-,._------$ Total Positions Budgeted

145,000
2,504,951 490,000
4,928,220 2,148,462
58

13. Public Library Services Budget:
Personal Services .__--.__....--..--.----.-----------------$ Regular Operating Expenses _.--_...----.----------.-$ Travel _._...__-._-.-,,-.----------------$ Motor Vehicle Equipment Purchases __,,___._.___._--_--$ Publications and Printing ___.______.._-_-----------------$ Per Diem and Fees ,,--------------.------------------$ Computer Charges ,,-___,,_----_--_----___.. --~~--$ Other Contractual Expense .,,__-..-_-.,,.-_------------$

619,854 253,789
9,007 --0--
9,671 600
--0-- --0--

3426

JOURNAL OF THE HOUSE,

Grants:
Salaries and Travel of Public Librarians --____$ Public Library Materials .......................$ Talking Book Centers .......................... ^ Public Library Maintenance
and Operations ___......___.,,.. ......................$ Teacher Retirement .................. .^ Public Library Construction __...._.._.____._....._..__....._..$ Total Funds Budgeted .........__.._.._____.,,.....____.........___$ State Funds Budgeted ....................... .^ Total Positions Budgeted

2,458,976 1,813,998
160,000
1,197,843 205,372
1,000,000 7,736,256 7,508,125
59

14. Staff Services Budget:
Personal Services .........................$ Regular Operating Expenses _----_----__----_._._--___$ Travel ,,.___..._,,..,,._. ._____,,___________._.____________,,__$ Motor Vehicle Equipment Purchases --..--------.--.$ Publications and Printing .___-_______,._____,$ Equipment Purchases .......-................$ Per Diem and Fees ........--.........--.........................^ Computer Charges ....._...._...-.. . .__._____._... $ Other Contractual Expense ____........___........._.________....$ Total Funds Budgeted ........................ ^ State Funds Budgeted ...................,...........$ Total Positions Budgeted

1,597,600 155,748 35,870 --0-- 82,016 16,514 1,107 720,190 21,153
2,630,198 2,089,100
121

15. State Board and State Superintendent Budget:
Personal Services ............................ ....^ Regular Operating Expenses ...........................$ Travel -,,--------------$ Motor Vehicle Equipment Purchases ,,......____.__.....$ Publications and Printing ........____.,,..........._..______.._.$ Equipment Purchases ......--.,,___._.----....,,--------..--$ Per Diem and Fees ......,,___.___..........-..-.__.__-_-...........,,-$ Computer Charges ....-----.-.......---------------------$ Other Contractual Expense .-_.-_._.._..,,.-...-..__-______-$ Total Funds Budgeted ....._.._._.._.............._.___.............$ State Funds Budgeted ._-........_-_-_,,__._..._...._._,_-.....$ Total Positions Budgeted

160,295 35,887 11,000 --0-- 13,500
1,500 53,500 --0-- 22,235 297,917 203,872
9

16. Surplus Property Budget:

Personal Services ........,,.____.___.............-_____,,............_..$

Regular Operating Expenses __,,--_--_,,____--_--_----_$

Travel

............ ..-^^$

Motor Vehicle Equipment Purchases ___.__----......._.$

Publications and Printing ....................... ...^

Equipment Purchases .......... ................^

Per Diem and Fees ________________,,_____.--_--__----------_,,$

Computer Charges ............--.----------_-_,,-----------$

410,602 152,531
16,000 --0--
2,500 12,000 --0-- --0--

THURSDAY, MARCH 20', 1975

342?

Other Contractual Expense ------.,,-----,,,,----_,,,,.$ Total Funds Budgeted ,,--..-,,,____,,_,,._._..$ State Funds Budgeted ............................ ^ Total Positions Budgeted

--Q-- 593,633 --0--
40

17. U.S.D.A. Food Distribution Budget:
Personal Services ---....--.._---- ..... ..... _-____$ Regular Operating Expenses ..................................^ Travel -....__......__.-....__-....___,,_..._....,,.___...,,.__...,,__...... $ Motor Vehicle Purchases ....--...._.-...__._-....--...,,_--..$ Publications and Printing ..............................^ Equipment Purchases ----....--_....-_...--.__..--__....-_--...$ Per Diem and Fees ............................... ...^ Other Contractual Expense ._.--.___-_--.__,,_..___..--__....$ Total Funds Budgeted ...... ...... .... --.....$ State Funds Budgeted ..-_.-..._......._._...._.__...,.__..._.__..$ Total Positions Budgeted

160,751 9,392 18,500
--0-- 750
--0-- --0-- --0-- 189,393 100,299
14

Budget Unit Object Classes:

Personal Services - ................. ....^

Regular Operating Expenses ................. ................i

Travel

......... $

Motor Vehicle Equipment Purchases __....__....-_.... $

Publications and Printing ........................................^

Equipment Purchases ..................... ....^

Per Diem and Fees ........................ ..^

Computer Charges ................... ^

Other Contractual Expense __..__.._...._-..__._...._....__.....$

11,443,103 2,564,279
595,162 --0-- 435,651 139,163 257,866 720,190 1,187,164

APEG Grants:

Salaries of Instructional Personnel (Sec. 10 (a) (1) and 10 (a) (3)) _...___...___-.$ 345,501,396
Salaries of Instructional Personnel (Sec. 5 and 10 (a) (2)) _.___.,,__.______.,,._.______.__,,$ 43,395,775
Salaries of Student Supportive Personnel (Sec. 20 (a)) __.____._____.____.___-..___-___-_-_----$ 16,032,701
Salaries of Administrative and Supervisory Personnel (Sec. 21 (a)) .__.............-..._-...__.-....._ $ 42,475,814
Special Education Leadership Personnel (Sec. 21 (c) (2)) .._....__...____...___..___.--_-..._-..-...$ 347,490

Instructional Materials and Media (Sec. 13) .................................................I
Instructional Equipment (Sec. 14) .....__...___.__..$ Maintenance and Operation (Sec. 15) ______-__..__.$

13,183,920 966,834
61,531,200

Sick and Personal Leave (Sec. 16) ...__........._.....$ 3,294,900

Travel (Sec. 17) ,,__._._-_._.__-._---_---.------.$

591,750

Travel--Special (Sec. 17) ..._._...__..-.......-.-__...._..-$

85,000

Pupil Transportation (Sec. 25) ._.._...__.__..._....__..$ 36,865,440

Isolated Schools ............ ^

67,000

Mid-Term Adjustment ,,_._-__.___..._-__--_------~~.$ 2,000,000

Required Local Effort ............................... (^ 78,550,000)

3428

JOURNAL OF THE HOUSE,

Non-APEG Grants: Teacher Retirement .....__........__._._._...,,...__..._....$ Driver Education __--_--.._-_________,,_,,__,,____.__,,$ Cooperative Educational Service Agencies __.___.$ Superintendent's Salaries .._...,,___..___...___,,.__....._...$ Compensatory Education ..__..,,__..,,__....___...__..,,___..$ Education of Children from Low-income Families ,,---.,,.,, .-.^---$ High School Program __.._________.___________..____,,_.______.$ Teacher Training and Research ________,,___________-___$ Adult Education ____._____.____..______._____..____-___-__________.$ Area Vocational-Technical Schools _...___..._.__..__..$ Area Vocational-Technical Schools-- Construction __._____.__.___.._____._______,,_____.__..________..__.$ Comprehensive Employment and Training ___..$ Instructional Services for the Handicapped _,....$ Preparation of Professional Personnel in Education of Handicapped Children __..___._.___.$ Educational Training Services for the Mentally Retarded ..__._._...__._.,,,,..-___....__...___...._$ Tuition for the Multi-Handicapped ._...___..__._...__.$ Severely Emotionally Disturbed .......__ ...__....___..$ Strengthening Instruction in Critical Subjects _-_____,,._._____._.___-..____.____.____.__.$ School Library Resources and Other Materials ..................................................I Summer Library Supervisory Program ,,_--___.$ Educational Television .._.........._...__...___...,,_,,..__....$ Psychological Services _______-_-,,_,,-__.,,____--___._______$ Guidance, Counselling and Testing __...__....___.,,__.$ School Lunch __...._.....__...._..._._..._......,,......_....__....__.$ Supervising Teachers -__,,_-_,,__.__.__________,,____._____,,_.$ Supplementary Education Centers and Services .......................................................I Staff Development ....._..,,__..._.___...,,....._...._...___.$ Salaries and Travel of Public Librarians --.__.$
Public Library Materials ___________.________..__..__._-_______$
Talking Book Centers _..___...._-..__....-__..._.....__-.__.$
Public Library Maintenance and Operations __._,,._._________.__,,_____.,,_______________._____._.$
Public Library Construction _...___.,,.-.__.-_._-.._.,,. $
Selective Pre-School Development _.___-_.___.:.__,,_-$
Pupil Transportation (Pre-School) _-..,,____,,_,,__._-$
Grants to School Systems for Capital Outlay Purposes __...._.....__...__....._....___..._.$
Authority Lease Rentals ,,..._._..,,__._,,..__._...___...____.$
State of Georgia General Obligation Debt Sinking Fund ._....._...,,.,,-..._..,,......__.-.._.....-$
Grants to School Systems for A. L. R. payments to Georgia Educational Authority (Schools) ,,_..-_.-........_-._-.._-._.-__--_--__---$
Direct Grants to School Systems for Capital Outlay Purposes _...._.....-.__....-_.._.$

35,741,482 375,000
2,502,000 2,942,055 10,246,750
41,949,540 14,114,243
891,568 2,687,671 29,315,442
3,758,472 4,659,049 1,039,434
106,454
300,000 467,000 5,352,773
802,676
1,815,832 62,830 56,186 48,000 200,000
80,224,318 145,000
2,504,951 490,000
2,458,976 1,813,998
160,000
1,197,843 1,000,000 14,647,580
400,000
3,325,000 333,204
4,500,000
26,789,757
624,243

THURSDAY, MAECH 20, 1975

3429

B. Budget Unit: Institutions ____--___________________.._.__________.$ 13,737,663

1. North Georgia Vocational-Technical School Budget:
Personal Services __________________________.--______--_____,,__,,.$ Regular Operating Expenses -_____--________--______,,__..$ Travel ..... ._._______... ........................................................I Motor Vehicle Equipment Purchases .__.___........._.._.$ Publications and Printing ......_._._......__.___._.......,,____. $ Equipment Purchases _._.._____--_-________,,._________._________,,.$ Per Diem and Fees -----__.._-----____----_-:-.-_-__--_._._.$ Computer Charges ,,_.___......,,.__.......,,.__.....,,_.___........ $ Other Contractual Expense ----...,,.--.__.-.,,..,,_.___.-_.$ Authority Lease Rentals _-------.___-_---_-__._--_.--__--..$ Total Funds Budgeted __......___..__......_.__.___.....,,_____.....$ State Funds Budgeted _......._...._...._._.__._.......___.........$ Total Positions Budgeted

1,192,376 379,328 14,175 25,000 4,275 113,969 --0-- --0-- --0-- 54,750
1,783,873 1,326,883
95

2. South Georgia Vocational-Technical School Budget:
Personal Services _....._..__......_._........__,,......___-....___-.$ Regular Operating Expenses -._.__......___.__...____.....--.$ Travel ....-------.-... $ Motor Vehicle Equipment Purchases ..___.-.....__--.--.$ Publications and Printing .._._........___......_._-....,,_......$ Equipment Purchases ............._,_.__.....___.....__.....-_.--..$ Per Diem and Fees ,,.-- --_------$ Computer Charges .----.....----. .__.___..,,___._....___.....--.$ Other Contractual Expense .......--_--...--_..._.__--...--$ Capital Outlay ..___........__,,....____......_.___..._____......___.....__.$ Authority Lease Rentals ..____.._...____......__....-.____--.-.$ Total Funds Budgeted _-_....._.__-....__........._-_-..___._-,,$ State Funds Budgeted .-__,........_......._........._-....__._-..$ Total Positions Budgeted

1,027,269 274,720 12,000 14,000 3,300 110,000 --0-- --0-- --0-- 308,000 49,315
1,798,604 1,408,160
82

3. Georgia Academy for the Blind Budget:
Personal Services ..........$ Regular Operating Expenses .___...,,_...._.-...__-.-_.$ Travel .._.__....____....,,_......_-.....-._-...._--__..--.---- $ Motor Vehicle Equipment Purchases .... _-- --. $ Publications and Printing .__......__..---__.........._. -- - $ Equipment Purchases --...__.._.--_....-------------------.$ Per Diem and Fees ..._._......._.--..__------.------------.$ Computer Charges ---.------_---_------_------.--------$ Other Contractual Expense ___......_......_...__....__-----$ Capital Outlay ............. ..^ Total Funds Budgeted . -- -.--$ State Funds Budgeted ......................................I Total Positions Budgeted

1,318,338 237,835 6,500 --0-- 4,390 92,038 6,600 --0-- 18,222
1,641,193 3,325,116 3,081,727
161

4. Georgia School for the Deaf Budget: Personal Services ...___..__....-._.....,,-_-...-..------$

2,461,450

3430

JOURNAL OP THE HOUSE,

Regular Operating Expenses ....................$ Travel .................................$ Motor Vehicle Equipment Purchases --_._._--,,_____,,_.$ Publications and Printing ...........................$ Equipment Purchases ,,_..__.,,......_____._..__..............__.____$ Per Diem and Fees ..........-.______.............._._.__.___.__.,,..$ Computer Charges ...................... ............^ Other Contractual Expense ...................$ Capital Outlay ...........................$ Authority Lease Rentals ,,,,___,,,,,,$ Total Funds Budgeted ..................................$ State Funds Budgeted ....... ..^ Total Positions Budgeted
5. Atlanta Area School for the Deaf Budget:
Personal Services .......................$ Regular Operating Expenses .......................$ Travel ,,_._..---._..__._._.._..._$ Motor Vehicle Equipment Purchases -- -- -- -- $ Publications and Printing ..............................$ Equipment Purchases .............................$ Per Diem and Fees ..........................$ Computer Charges ...........................................$ Other Contractual Expense ......................... ^ Capital Outlay ......................................................$ Total Funds Budgeted ___.__________..____.__-,,____.__.______.___.$ State Funds Budgeted .................................. ^ Total Positions Budgeted
6. Alto Education and Evaluation Center Budget:
Personal Services ................................................$ Regular Operating Expenses ----.----.......------.....$ Motor Vehicle Equipment Purchases .-- .-....-- ....-.$ Publications and Printing ................................. ..^ Equipment Purchases ..............................$ Per Diem and Fees ....................................... ...^ Computer Charges .......................................$ Other Contractual Expense .....................$ Total Funds Budgeted .......................$ State Funds Budgeted ............................. ^ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services ........................... .................^ Regular Operating Expenses .................................I Travel ................................$ Motor Vehicle Equipment Purchases .....................$ Publications and Printing ................................. .^ Equipment Purchases ................................................^ Per Diem and Fees ....................................................^ Computer Charges ........................................ .........^ Other Contractual Expense ......................................^ Capital Outlay ..................................$ Authority Lease Rentals .......................................$

547,721 4,400 8,000
--0-- 24,000 1,500
--0-- --0-- 3,240,860
23,400 6,311,331 6,005,834
289
861,714 188,557
5,640 --0---
1,000 81,102 2,000 --0-- 86,000 --0-- 1,226,013 1,187,577
85
774,248 67,572 --9--
1,560 31,700 --0-- --0-- --0-- 883,080 727,482
58
7,635,395 1,695,733
50,715 47,000 14,525 452,809 10,100 --0-- 104,222 5,190,053 127,465

THURSDAY, MARCH 20, 1975

3431

Provided, that none of the State funds appropri ated above may be expended to initiate or commence any new program or project which would create a continuing obligation of the current funds of the State, unless such program or project has been 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 applicable to such salary.
Provided, that of the above appropriation relative to Compensatory Education, $10,246,750 is designated and committed for a compensatory education program for students in grades 1 through 5. Provided, further, these funds shall be distributed based on a parity formula for redemial purposes only.
Provided, that independent school systems shall be eligible to participate in the "mini-buses" transportation program for Special Education Students.

Provided, that the State Board of Education shall make allotments for Sections 5, 10, 20, and 21 teachers on the basis of the index schedule used for fiscal year 1973.
Provided, that of the above appropriation relative to selective pre-school development, funds shall be used to fund a half-day program as follows: First priority for use of funds shall be to serve all five-year-old chil dren who are mentally, physically, or emotionally handi capped. The balance of said funds shall be used for development programs for five-year-old children who are determined to be the most deficient in the develop mental skills necessary to succeed in the first grade. Provided, however, that such need be assessed on the basis of tests specifically developed for use with children of pre-school age, measuring abilities and per ception, language, and visual motor coordination. Local systems shall administer such tests to screen the aca demic readiness as a criterion for admission.

Provided, that the above appropriation relative to selective pre-school development shall be distributed to local systems on the basis of projections derived from the preceding years first grade ADA.
Provided, further, that for said selective pre-school development program, the instructional unit shall be

3432

JOURNAL OP THE HOUSE,

earned on the basis of one teacher and one aide for each 40 students in average daily attendance, and each in structional unit shall be funded on the basis of actual reimbursement for salary, retirement, and school lunch cost, and $10,838 for operational cost to include mainte nance and operation, sick and personal leave, instruc tional media, testing, and transportation.

Provided, that of the amount of funds appropriated to the Department of Education by this Act, the sum of $175,000 shall be used to develop criterion-referenced testing1 for initial certification of teachers, $250,000 shall be used for grants for competency-based certification development, and $100,000 shall be used for criterionreferenced testing for students.

Provided, that of any State Funds appropriated to local systems for classroom teacher salaries on the basis of Average Daily Attendance in grades 1 through 12, such teachers shall be used in the school where earned and shall be used only for the purpose of employing classroom teachers.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $1,850,000 is specifically appropriated for the purpose of financing a school construction program throughout the State of Georgia which shall consist of the construction and equipping of school buildings and facilities through the issuance of not to exceed $21,275,000 in principal amount of General Obligation Debt. Also provided, that of the above appropriation, $3,325,000 is specifically appropriated for Grants to School Systems for Capital Outlay purposes. The allo cation of these funds shall be determined on the basis of a formula to be promulgated by the State Board of Education, based on current increased average daily attendance, surveyed projected growth, consolidation within a system, renovations, outstanding local effort
of school systems, age and conditions of existing school buildings, and such other criteria by the Board to in sure that classroom need is the basis of distribution.

Provided, that of the above appropriation relating to Area Vocational-Technical Schools--Construction Grants, $25,000 is designated and committed for archi tectural and engineering planning for the Area Voca tional-Technical School authorized in Chatham County.

Provided, that in Sections 20 and 21 of the Ade
quate Program for Education Act, as it relates to earn ings of non-teaching certificated personnel which are not fully funded, and this Act causes a division of allo cation which had previously been provided from a single

THURSDAY, MARCH 20, 1975

3433

Section of the Minimum Foundation Program of Educa tion Act, it shall be permissible for the State Board of Education to use non-teaching certificated personnel interchangeably in the divided sections so as not to cause hardship among the local school systems as it related to non-teaching certificated personnel who are presently employed.

Provided, that of the above appropriation relating to High School Grants, $488,000 is designated and com mitted for new equipment and repairing existing equip ment in food processing centers; provided, further, that the State shall provide no more than 50% of the repair and equipment cost at any center; provided, further, that the maximum amounts of State funds allocated per center shall be $20,000 for new equipment and $3,000 for repairs.

Section 17. Employees' Retirement System. Budget Unit: Employees' Retirement System _--.__._.$

--0--

1. Employees' Retirement System Budget:
Personal Services .__._._.._ ........... ......_.$ Regular Operating Expenses --..-..--,,.-------.$ Travel ._._______.___.._____...______._._-___.,,-...._._-..___-.._--__--$ Motor Vehicle Equipment Purchases ___..._.._._...__.__.$ Publications and Printing ____..____._____...____..._.___________.$ Equipment Purchases __.....__.._..-......_.-.-$ Per Diem and Fees ..-..-.-- --,,..-- .$ Computer Charges ........._._.-...---.--$ Other Contractual Expense __.....___..._._.....$ Total Funds Budgeted _...__......_...____....._...........__..,,.$ State Funds Budgeted ____._..___.-__...._.__._.._--._..__-----$ Total Positions Budgeted

536,877 37,763
5,000 --0--
12,000 3,500 65,000 125,000 53,000 838,140 --0--
43

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 ..-.----$ Other Contractual Expense ...... ....._...._......_.._.._._..__.$

536,877 37,763 5,000
--0-- 12,000 3,500 65,000
125,000 53,000

Section 18. Forestry Commission. Budget Unit: Forestry Commission ._.__....-.----.---$ 9,910,365

1. Reforestation Budget: Personal Services ____.____--.,,_....._...--_...-------------$

398,582

3434

JOURNAL OF THE HOUSE,

Regular Operating Expenses ..................................I Travel .-___- ,_.__- .____-,,___..-_.._..,,_____.,,__.,,-. $ Motor Vehicle Equipment Purchases ..,,_...__.....--.$ Publications and Printing ..-._--...-___-.....-..-..--___,,....$ Equipment Purchases _.-.__...,,..___._..--_-___...-..___..,,.-..$ Per Diem and Fees ,,....,,....__.,,.._..,,_$ Computer Charges .. -..,,._ ,,,,__.____.__.$ Other Contractual Expense __.--_____.._._____,,__,,______..-___$ Total Funds Budgeted .._.......__$ State Funds Budgeted _,,._..,,...._....,,$ Total Positions Budgeted

285,909 1,347
29,420 426
24,260 35,000 10,053 --0-- 784,997 281,786
28

2. State Forests Budget:
Personal Services .-____,,,,.__...__.._____,,._____._$ Regular Operating Expenses .-..___._...._....,,..._.___..--.$ Travel -.....__,,...-___....-,,.._...-__......_.___.._______......___........_$ Motor Vehicle Equipment Purchases .______--.__._____.__$ Publications and Printing _____-__--____._--________,,____,,--_$ Equipment Purchases ......._._-._.-.._........-__-...__._....$ Per Diem and Fees -....__.....--........-_..-..-.._...,,..-.........$ Computer Charges --..____-__,,____.__.______--_______.__.___,,_,_,,_$ Other Contractual Expense .----......_....-.--,,--...__--..$ Ware County Grant ..__.,,..._._..,,....__.......____.,,.__......___.$ Total Funds Budgeted _-.._.._._..___._.,,._._..__..$ State Funds Budgeted .,,.--,,....--__-..-__,,-.....___.....___$ Total Positions Budgeted

69,078 19,949
84 --0--
88 850 --0-- --0-- --0-- 60,000 150,049 --0--
6

3. Field Services Budget:
Personal Services ......-_.........__......_........._.._....._.___.....$ Regular Operating Expenses -_.--..._._._....._..-...._.._-.$ Travel -__._-.._-_-....___......___-......___.......-......__-..._._..._..$ Motor Vehicle Equipment Purchases -__-.....___....,,__.$ Publications and Printing __.____-___.___.___.___.__-________..__.$ Equipment Purchases ___--___-__--___.____.__.____.__.____-__.,,.$ Per Diem and Fees ___________._.._.___-.__.________..________._....___$ Computer Charges -__.....--,,...-..._.......__.......-...._.......$ Other Contractual Expense .....---...-,,-.--.__.-.._.__...-..$
Total Funds Budgeted ....-__.....-__ ,...,.,,....,,........$
State Funds Budgeted ...................$
Total Positions Budgeted

8,524,326 1,569,979
69,184 1,058,300
12,995 265,464
14,660 18,431 --0--
11,533,339
9,160,124
807

4. General Administration and Support Budget:
Personal Services __-_-_______-___.____-_._.____.-___._______.___.___-$ Regular Operating Expenses _.___.......__..__...._._._...--$ Travel ..........................................................................I Motor Vehicle Equipment Purchases -...__.._.--......--$ Publications and Printing ...-__._.........___,,....._____......$ Equipment Purchases .-_.__---.--..--.......------------,,-$ Per Diem and Fees __..,,..._.-_____,,........_-_-......-___._......$ Computer Charges _...._,,__,,.-..--.._---..-.----.,,...----.---$

372,305 70,881 10,012 --0-- 13,136 3,955 2,500 55,294

THURSDAY, MARCH 20, 1975
Other Contractual Expense --...-,,_.__-._. Total Funds Budgeted .,,_,,.__,, State Funds Budgeted ...--__._,,..,,,,______... Total Positions Budgeted
Budget Unit Object Classes:
Personal Services .....----,,.....--..._-.._.-- Regular Operating Expenses --._....---_ Travel _.-,,. ...,,,,,, .. ._,, Motor Vehicle Equipment Purchases Publications and Printing1 ...___.,,...__.._ Equipment Purchases _.--....__.__....,,___._,, Per Diem and Fees ._.___..-...._.__._,,...__._-. Computer Charges -...--_--._...._--_......--__ Other Contractual Expense -._-_.,,-...-.-. Ware County Grant ..___..._....,,_..__........__

3435
--0-- 528,083 468,455
25
9,364,291 1,946,718
80,627 1,087,720
26,645 294,529
52,160 83,778 --0-- 60,000

Provided, that of the above appropriation relating to Personal Services, $55,949 is designated and com mitted to upgrade the Towerman Series.
Section 19. Forest Research Council.
Budget Unit: Forest Research Council ___.___.____.___.___.$
1. Forest Research Council Budget:
Personal Services ....__-.....___-..._.-.--...__-__,,.___......__--$ Regular Operating Expenses .-___--._.____..--..--_,,----$ Travel ___...._.__....,,_._......___._..-_.......__.._..._._-......_-..,,.__-$ Motor Vehicle Equipment Purchases .__....-___.--_-$ Publications and Printing ,,,,.__.__......_.._.___....._._.__$ Equipment Purchases ....--.__...--._......_--.-----....----$ Per Diem and Fees ...__.-...-_.__...._.___.....__...._._--....____-.? Computer Charges ,,_._-..-_.__.-.--____-.._.-_...----....----$ Other Contractual Expense _.......__....--.........--.---,,.$ Total Funds Budgeted _._..._.... ..........._-__......._-_..........$ State Funds Budgeted __...._..........._.....___..........-......$ Total Positions Budgeted

629,742
95,600 32,692
4,000 --0--
2:5,000 --0--
1,000 --0-- --0-- 158,292 156,862
7

2. Contractual Research Budget:
Contractual Research Expense _....,,___...__._--.--__._--$ Total Funds Budgeted ..,,__......._.._..._.__......_.._....__.___.$ State Funds Budgeted ....._....._._...,,.._....._......_..._....$ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services _...____.._.._.__...._____..__-._____--___--_$ Regular Operating Expenses .-_._--..--...--_--.--.----$ Travel .............. --^ Motor Vehicle Equipment Purchases .__..---...._----.$ Publications and Printing _..____._________.,,_.._.____.______---.$

472,880 472,880 472,880
0
95,600 32,692
4,000 --0--
25,000

3436

JOURNAL OF THE HOUSE,

Equipment Purchases ............ Per Diem and Fees ................. Computer Charges ............... Other Contractual Expense __.... Contractual Research Expense

Section 20. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation .. $ 8,030,211

1. General Administration Budget:
Personal Services ......................... ^ Regular Operating Expenses -.....................$ Travel ._______._,,____._________._____,,__._.______._____.,,_____.___.._________$ Motor Vehicle Equipment Purchases _..._____..__._____.$ Publications and Printing ................... ...^ Equipment Purchases _____...______._..________..________-..______.$ Per Diem and Fees ......................$ Computer Charges ______.__.,,...-._,,_-.--____,,_.,,_.__--.___..$ Other Contractual Expense _.._-...._._.....----.....-_......$ Total Funds Budgeted ........._...-.-_.....__._.......___._........$ State Funds Budgeted ____,,._._____._..____._..______._.__ ..__._.$ Total Positions Budgeted

356,153 83,269 10,000 4,200 2,650
3,000 5,000 --0-- 3,000 467,272 467,272
30

2. Operations Budget:
Personal Services __.________.__________._____.___,,-______..__--_____$ Regular Operating Expenses ......................$ Travel _.-__.__._____._.___.___._.._..__-____. $ Motor Vehicle Equipment Purchases ....................$ Publications and Printing _.,,____._______._._..._________,,_____._$ Equipment Purchases .........,,.......--_......_---.....--.....$ Per Diem and Fees ......-_.,,........,,......__.___......,,-......$ Computer Charges -----...---_---.-.------.------------.$ Other Contractual Expense ....-.__-.--...._--.......----.....$ Evidence Purchased _-.___.____,,___..___._.._.__,,_______._,,..____.$ Total Funds Budgeted ..-._.,,........-_._-...-_.__.......-.$ State Funds Budgeted ............ ^ Total Positions Budgeted

2,801,960 412,744 144,758 218,400 7,500 38,000 --0-- --0-- --0-- 98,000
3,721,362 3,571,362
177

3. Crime Laboratory Budget:

Personal Services ..................................$

Regular Operating Expenses ..................................I

Travel ..................

.^$

Motor Vehicle Equipment Purchases _--_......___--_._.$

Publications and Printing ................... ^

Equipment Purchases ................................. ^

Per Diem and Fees _,,-__..____.-___...___--.._-_-------$

Computer Charges ....................................$

Other Contractual Expense ...---------------..-$

Total Funds Budgeted ...........................$

State Funds Budgeted .......... .......^

Total Positions Budgeted

1,080,841 230,706 20,515 37,500 8,862 71,560 1,844 43,067 --0--
1,494,895 1,494,895
75

THURSDAY, MARCH 20, 1975

3437

4. Georgia Crime Information Center Budget:
Personal Services .,,.._____...........__.___..........__,,_........... $ Regular Operating Expenses --___-_........_.,,__.__.......$ Travel --,,--,,,, --.,,..,,-....,,.,,,,..$ Motor Vehicle Equipment Purchases ._-......--.__.___.$ Publications and Printing .._.____._.._.....____..........__.___.$ Equipment Purchases -....._.__..___........_____.__,,......,,._.__$ Per Diem and Fees _____..-.,,.__________________,,__________,,_______.$ Computer Charges _--.--.--------___--..--_______--_.________$ Other Contractual Expense ,,--__.___--..,,__..___..,,...._.__.$ Total Funds Budgeted .-.-..,,.$ State Funds Budgeted ............,,$ Total Positions Budgeted

1,565,000 505,081 21,000 37,800 38,617 7,200 1,000
1,154,384 --0--
3,330,082 2,496,682
138

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 .._..__._...-.._._..__-.....___.._......_____....-$

Other Contractual Expense .._.__-......._._._......__._.......$

Evidence Purchase .........____-....._.____.......-.__.__.....,,_......$

5,803,954 1,231,800
196,273 297,900
57,629 119,760
7,844 1,197,451
3,000 98,000

Section 21. Georgia Motor Vehicle Commission.
Budget Unit: Georgia Motor Vehicle Commission __._._,,__.. ..... ,,_,,,,..$

Georgia Motor Vehicle Commission Budget:
Personal Services ___.._.-,,__,,..._--..,, $ Regular Operating Expenses _,,__,,--,,__.--__--,,--___.$ Travel _____...._.____.______.,,_.___._____.__.._,,_,,_..__________-_.___...$ Motor Vehicle Equipment Purchases ,,__._..._...... ,, $ Publications and Printing ...........................--..........I Equipment Purchases -._,,_,,-----__,,----__-,,----------.$ Per Diem and Fees ...,,_.__._...___-_...._......_..__-.--,,.._._--$ Computer Charges _--------------------.------ ... .$ Other Contractual Expense .---_..-.....--'-..------.----.$ Total Funds Budgeted .,,.___......__.....___....._.__-....__.$ State Funds Budgeted _._......._........_._....-._......_._. ......$ Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

....... .^

Regular Operating Expenses .-__.------.-----.------.$

Travel ..-.-__...-.-._._-....,,_.....-._-.-_..---_..---.--. $

Motor Vehicle Equipment Purchases ....__...._... .....$

Publications and Printing ___-_.____.___----------_----.$

55,739
26,239 12,500 2,000 --0-- 4,000
1,000 10,000 --0-- --0-- 55,739 55,739
2
26,239 12,500
2,000 --0--
4,000

3438

JOURNAL OF THE HOUSE,

Equipment Purchases ____________....,,___.......__......__.......$ Per Diem and Fees ......................_...........$ Computer Charges -----_--_,,----,,_,,_________,,__,,_________$ Other Contractual Expense ....................................I

1,000 10,000 --0_ --0--

Section 22. Georgia Residential Finance Agency. Budget Unit: Georgia Residential Finance Agency $

281,000

Georgia Residential Finance Agency Budget:

Personal Services -:-----._--__,,.__________,,___._______._________ $

Regular Operating Expenses ....................... .^

Travel ..........-..........................$

Motor Vehicle Equipment Purchases _______.._._________..$

Publications and Printing _._....,,__.__._........___.._.._.......$

Equipment Purchases -._._____._._..._,,.____,,_____._____________...$

Per Diem and Fees .-._._..______,,._.______________..______..._..___.$

Computer Charges .............. ...............$

Other Contractual Expense -----_--_.____..__----_..__,,__$

Reserve for Future Operations and

Repayment of State Funds .......__._._.__............___...$

Total Funds Budgeted ____.__.-.__.____________..____________.$

State Funds Budgeted

-,,.,,-_$

Total Positions Budgeted

173,785 36,505 14,620 --0--
500 1,700 67,520 1,200 --0--
365,040 660,870 281,000
10

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 _________.____.______._____________._-.______.___$

Other Contractual Expense .-.---..-...-_._-...------....__$

Reserve for Future Operations and

Repayment of State Funds ..............___._.._......_.__. $

173,785 36,505 14,620 --0--
500 1,700 67,520 1,200 --0--
365,040

Section 23. Georgia State Financing and Investment Commission.
Budget Unit: Georgia State Financing and Investment Commission .,,..__._...._..._.____,,,,----..._$

800,000

Departmental Operations Budget:
Personal Services .....-..._-..-.-...._.__._.._....___.___..--.--.$ Regular Operating Expenses -._._.___.___.____-----$ Travel ................---.........--- ^ Motor Vehicle Equipment Purchases __--.----------$ Publications and Printing .__.__,,____-_____.___.__..------_--$ Equipment Purchases ................-....--......-----$ Per Diem and Fees .......................^

789,439 287,000
11,500 --0--
21,500 20,000 71,000

THURSDAY, MARCH 20, 1975
Computer Charges .---- -------------.._.._--__. .___.$ Other Contractual Expense ...._...,, . ___------_----__ $ Revolving Fund for Construction Planning.----.. $ Total Funds Budgeted .--------..--_------_..._----__.$ State Funds Budgeted ...._.--..__.__ ..__.____$ Total Positions Budgeted

3439
20,000 21,700 800,000 2,042,139 800,000
44

Budget Unit Object Classes:
Personal Services ._----.---- ... .... ....--------_._.$ Regular Operating Expenses -----------.--------___.$ Travel -.-..-- ......._..._.. ..... ._..._-____$ Motor Vehicle Equipment Purchases ------------___.$ Publications and Printing ..------.--..--.------....--...I Equipment Purchases _--.--_..--------.----__----_----.$ Per Diem and Fees _. ----------_..--------.--__--..$ Computer Charges _..._------___.--_..--_.----------_._,,_.$ Other Contractual Expense ...--...----........ .....$ Revolving Fund for
Construction Planning ...........--......_..._....--_...--.$

789,439 287,000
11,500 --0--
21,500 20,000 71,000 20,000 21,700
800,000

Provided, that of the above appropriation to the Georgia State Financing and Investment Commission, $48,000 is designated and committed to prepare plans for a Regional Youth Development Center in Muscogee County.
Section 24. Office of the Governor.
A. Budget Unit: Governor's Office .-- --..--_......----..$ Cost of Operations --_------_--------_.,,----------_--.$ Mansion Allowance .. ........--...--.._.----..--._.------$ Governor's Emergency Fund ._...,,....-- ......_--...-- $ Gubernatorial Transition Allowance ........_...--..,,.$ Total Funds Budgeted ....--......------.----,------.$ State Funds Budgeted .......--...--------.--.-..------.$

2,920,418 880,418 40,000
2,000,000 --0--
2,920,418 2,920,418

Budget Unit Object Classes:
Cost of Operations ----...--... .-..--------_..--.--.$ Mansion Allowance ----__._--------_._--------------$ Governor's Emergency Fund .------_------------.$ Gubernatorial Transition Allowance _...__ ..--_,,--$

880,418 40,000
2,000,000 --0--

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. Expen ditures 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

3440

JOURNAL OF THE HOUSE,

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.

B. Budget Unit: Office of Planning and Budget.--._.$ 2,387,456

1. General Administration and Support Budget:
Personal Services ^ ...........................$ Regular Operating Expenses .._.--....._-.,,--______--.___.$ Travel .............:................_........_..............$ Motor Vehicle Equipment Purchases ___--____--____$ Publications and Printing ....___.....__,,_,,......,,_.,,...__...$ Equipment Purchases .-.._--.-_.__.....___......__.___.__-__...$ Per Diem and Fees _--_____--_.____,,_.___._...________,,___._,,_$ Computer Charges -.--_.__,,.-..__..,,-.____.....__._,,...,_____....$ Other Contractual Expense .-....----....------.---.-..I Payments to Regional Commissions ___.--.-__--....._.$ Total Funds Budgeted ..............................................^ State Funds Budgeted ................. .^, Total Positions Budgeted

311,000 29,388 9,000
--0-- 2,950 2,500 40,500 5,600 1,500
175,500
577,938
564,938 18

2. Council of the Arts Budget:
Personal Services ......................................................$ Regular Operating Expenses .__.-.._.__._......--_.,,......_.$ Travel _._____.-_-.-..-_-$ Motor Vehicle Equipment Purchases .------_.----,,$ Publications and Printing ......................$ Equipment PuTchases .__.,,.._,,_____--,,,,__,,--_-____..... $ Per Diem and Fees .-___.......-_____,,_....____.,,....,,___-....___.$ Computer Charges ................................... ^ Other Contractual Expense .....................--............^ Art Grants ..................................$, Total Funds Budgeted -_.,,.......___.........-_.____.....,,___....$ State Funds Budgeted __......._..__.._....._._.__......_..._____.$ Total Positions Budgeted

55,121 5,623 2,706 --0-- 2,456
500 --0-- --0--
--0--
300,000 366,406 166,406
3

3. Budget Division Budget:
Personal Services ,,......._-___._.....__.-._..-......______......__._..$ Regular Operating Expenses -__.---.....__..--._....----,,$ Travel ,,.,,..-....__........_-__-.._.-.____.-.-___.------$ Motor Vehicle Equipment Purchases __.--..._..--...__$ Publications and Printing .__........._._.._......._____.._._.....$ Equipment Purchases ....__.,,--....------.----.--_----..$ Per Diem and Fees .-........-..-.......-.-.-..---.---.I Computer Charges ,,------_----.,,--------------------$ Other Contractual Expense _,,__-____.___,,_._._____----.$
Total Funds Budgeted ................. ...^ State Funds Budgeted ....-..,,-_,,.....-_._-_---..-.---.$
Total Positions Budgeted

329,338 14,679 10,000
--0-- 12,000 1,250
1,000
--0--
--0--
368,267
255,267
16

THURSDAY, MARCH 20, 1975

4. Intergovernmental Relations Budget:
Personal Services ___.___._._________.___________....________.__________$ Regular Operating Expenses ..--.......--...................I Travel --..,,......_......_..$ Motor Vehicle Equipment Purchases .__.________________$ Publications and Printing ___________,,_______.._________________.$ Equipment Purchases .....____..__.--_____..-___________________$ Per Diem and Fees _....-..___._,,..__._...__._..._._.__..,,...____,,$ Computer Charges _,,.,,____...,,.__....,,_____...._.___......._____.$ Other Contractual Expense ____,,._______.__________,,,,____.$ Total Funds Budgeted _._.._.....___....___.___...._.__......,,_._.$ State Funds Budgeted __..__...........,,._._____.....___.,,...__..$ Total Positions Budgeted

5. Management Review Budget:
Personal Services .,,.,,..$ Regular Operating Expenses __...__.__...-...._...-..__,,.,,..$ Travel .,,...,, .... _.,,._$ Motor Vehicle Equipment Purchases ..... ._._._--.._$ Publications and Printing ..._........__..,,-___._.--._...--._.$ Equipment Purchases ........._............-..-_.._...-.__..._....$ Per Diem and Fees ._......._......._. ....___......_......-__._....__.$ Computer Charges ..---.---....---...----.----..'--------$ Other Contractual Expense ._..__..._.._..._._...._._...--__.$ Total Funds Budgeted _...._..,,...__....._........_.....__...._._.$ State Funds Budgeted ................_...._.......__..._..__....._.$ Total Positions Budgeted

6. Policy Planning Budget:

Personal Services __,,______.._.____..___..._____-______--____--___.$

Regular Operating Expenses ... ,,____-.______.__._..----...$

Travel _

$

Motor Vehicle Equipment Purchases ...._...___,,..,,._.$

Publications and Printing ....... .__..._._...._.._...__...,,__-.$

Equipment Purchases .....-.._...--....-------..--------.$

Per Diem and Fees ................. ..._................-..-.-..-$

Computer Charges ... -._.----$

Other Contractual Expense ....._......-.,......--....---..-.$

Total Funds Budgeted ..............-........-...--.---.-I

State Funds Budgeted _....................-....-.....--.-$

Total Positions Budgeted

3441
322,000 23,848 21,500
--0-- 3,600 1,000
--0-- --0-- --0-- 371,948 346,948
21
290,000 10,580 5,000
--0-- 1,250 500
--0-- 500
--0-- 307,830 257,830
15
541,002 21,668 18,000 .--0-- 11,000
2,000 29,800 20,000 --0-- 643,470 409,470
30

7. Georgia Employment and Training Council Budget:
Personal Services --...--. --.------.-----.-------------$ Regular Operating Expenses __..._......__..---.....----- $ Travel __.______.___._.____._-__-----------------$ Motor Vehicle Equipment Purchases ........__..-.--...$ Publications and Printing ____..._--_----------------.$ Equipment Purchases ..--_............---------------..-- $ Per Diem and Fees ....__...._-..._._..,,._.----_-----------.$ Computer Charges .. ...____..._-,,_--------------$

342,814 91,770 14,000
--0-- 4,200 3,000
. 4,608 --0--

3442

JOURNAL OF THE HOUSE,

Other Contractual Expense ........................^ Total Funds Budgeted ,,------------___,,-- $ State Funds Budgeted _......._._._....._._........_..___......___.$
Total Positions Budgeted

--0-- 460,392 --0--
26

8. Fuel Allocation Office Budget:
Personal Services _--_.----.----___.----.___----__._-- $ Regular Operating Expenses ............... ...^ Travel -,,-,,,,--,,$ Motor Vehicle Equipment Purchases --.__----,,_$ Publications and Printing ............... ....^ Equipment Purchases .....................$ Per Diem and Fees ............... ^ Computer Charges -...................................--............$ Other Contractual Expense _............_..___......_.____.,,.$ Total Funds Budgeted --...------..------_.------.._._.$ State Funds Budgeted -._.------__..-- --..--------$ Total Positions Budgeted

176,000 25,033
9,200 --0--
15,000 2,000 --0--
--0-- --0-- 227,233 227,233
13

9. Georgia Post-Secondary Education Commission Budget:

Personal Services

.................. ^

Regular Operating Expenses ..................................^

Travel .................... ...^

Motor Vehicle Equipment Purchases ----____----..$

Publications and Printing __----__.._------. _._------___.$

Equipment Purchases --_----.--------__.,,------____$

Per Diem and Fees .......................$

Computer Charges ...... ............. _._..------.____--$

Other Contractual Expense ,,._..----_------,,..._.___.$

Total Funds Budgeted ............................................^

State Funds Budgeted ----_..._

- -_ $

Total Positions Budgeted

10. Intern Program Budget:

Personal Services .----------------....----.-$

Regular Operating Expenses -.----------....$

Travel ....................................$

Motor Vehicle Equipment Purchases ....................$

Publications and Printing ........................................^

Equipment Purchases

................. ....^

Per Diem and Fees ,,------.--- .-- ........................^

Computer Charges .........................$

Other Contractual Expense------------------------$

Intern Stipends .................$

Total Funds Budgeted .............................................$

State Funds Budgeted .............. ...........................i

Total Positions Budgeted

71,000 12,664 5,444 --0-- 5,000
525 23,998 8,000 --0-- 126,631 45,130
4
71,659 2,875 5,500 --0-- 2,000
300 -- 0--
900 --0--
31,000 114,234 114,234
4

Budget Unit Object Classes:
Personal Services .............................. ^ Regular Operating Expenses ........................ ^

2,509,934 238,128

THURSDAY, MARCH 20, 1975

3443

Travel ........ _.............._...._...._$ Motor Vehicle Equipment Purchases ... ___.__...._.._..$ Publications and Printing _.._______.._____._.______._________..___ $ Equipment Purchases ..._ ............................................I Per Diem and Fees __.._______..-_-____..._____...____.._..____.___._.-_$ Computer Charges -._.._...__._._...._..$ Other Contractual Expense ___._..____.._.______.__-______...._.$ Art Grants ................_$ Payments to Regional Commissions _--__... --__.____$ Intern Stipends ___._____._...___._.._____._____-_________..______....____$

100,350 --0--
59,456 13,575 99,906 35,000
1,500 300,000 175,500 31,000

Section 25. Grants to Counties and Municipalities.
Budget Unit: Grants to Counties and Municipalities ____________ _._____..____..__._..._______...______.__..$

6,800,000

1. Grants to Counties ..... ________ _____ ..___ ....__.........$ Total Funds Budgeted .-.. ..........._.__......._..._........_.-j State Funds Budgeted ____.____._____._______...____$

2,600,000 2,600,000 2,600,000

2. Grants to Municipalities ........................ ................I Total Funds Budgeted .___..________..___ .___._..______$ State Funds Budgeted .___.___..__________.____..______$

4,200,000 4,200,000 4,200,000

Budget Unit Object Classes:

Grants to Counties

_

. ____..______$

Grants to Municipalities ............._..._...._............._._..$

2,600,000 4,200,000

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

Section 26. Department of Human Resources. A. Budget Unit: Departmental Operations _______

$ 232,512,403

1. General Administration and Support Budget:

Personal Services .-_--__ ___---_ --

Regular Operating Expenses __.... __ ...

Travel _..--_.

_. .. ....... ....

Motor Vehicle Equipment Purchases

Publications and Printing __.____..____..___

Equipment Purchases ...... --.._ _

Per Diem and Fees ..... _.__....-- . ............

Computer Charges ___------------..-_

Other Contractual Expense _ ......_...

State of Georgia General Obligation Debt Sinking Fund _ --__.--....--------.

Total Funds Budgeted ___----.__--_----

State Funds Budgeted ........--...... ....--.

Total Positions Budgeted

7,684,621 1,378,232
298,151 --0-- 156,266
20,975 64,609 1,572,000 105,000
190,000 11,469,854 6,774,198
660

3444

JOURNAL OF THE HOUSE,

2. Special Programs:
Personal Services .....................................$ Regular Operating Expenses .................$ Travel .-____..-__....-___....__._...__.....__..,,._.......__...____..____..$ Motor Vehicle Equipment Purchases ....................$ Publications and Printing .__.. .--___,,_._____________.._____._,,_$ Equipment Purchases .......................$ Per Diem and Fees ---___---____,,__.______._______._____.__________$ Computer Charges -__..____________.__.______._____,,____.___________.$ Other Contractual Expense --._.....__._..._..__..._.-_...._.$ Total Funds Budgeted ..............$ State Funds Budgeted .....^ ..._,,_._.$ Total Positions Budgeted

834,304 118,964
94,211 --0--
45,675
--0-- 19,490 60,000 24,323
1,196,967 1,037,687
83

3. Physical Health -- Program Direction and Support Budget:
Personal Services ............................. ..^ Regular Operating Expenses ................. j^ Travel -.-.--__.____.__$ Motor Vehicle Equipment Purchases ................... ^ Publications and Printing __________._._____.__________,,_____.$ Equipment Purchases ......................... ...^ Per Diem and Fees ......................... ..^ Computer Charges ................ _,,_...._....$ Other Contractual Expense __--,,,,-----_--..............$ Total Funds Budgeted ...... ... --.-...$ State Funds Budgeted ..............................................$ Total Positions Budgeted

987,210 119,037 28,450 --0'-- 23,800
2,500
200 --0-- --0-- 1,161,197 1,161,197
82

4. Physical Health -- Family Health Budget:
Personal Services ................ ..1... .............$ Regular Operating Expenses ....__..,,._____....____....___...$ Travel -_-.,,.--__-__--._-_.__..$ Motor Vehicle Equipment Purchases _------------$ Publications and Printing ........................ ..^ Equipment Purchases ...........................^ Per Diem and Fees ................ ..........$ Computer Charges ............................ ...4 Other Contractual Expense ................$ Regional Grants for Prenatal and
Postnatal Care Programs .............................$ Crippled Children Benefits .....................$ Kidney Disease Benefits ............................$ Cancer Control Benefits .-_......___-...._._........__......-..$ Maternal Health/Family
Planning Benefits .............................. ^ Total Funds Budgeted ........................... 4 State Funds Budgeted ........................... ^ Total Positions Budgeted

4,041,712 1,190,300
346,771 --fr--
78,576 25,000 503,685 110,000 3,293,897
--0-- 3,034,626
300,000 441,000
2,220,154 15,585,721 9,295,265
412

5. Physical Health -- Community Health Budget:
Personal Services ............................................^

5,135,062

THURSDAY, MARCH 20, 1975

3445

Regular Operating Expenses _.---__._.._.__________________.$ Travel .................................... ^
Motor Vehicle Equipment Purchases ______-___._.____,,$ Publications and Printing .....................^ Equipment Purchases ....................... .^ Per Diem and Pees ..............$ Computer Charges _-_...-._....-...__._...,,.._._.....__._..._....__.$
Other Contractual Expense -..,,.--_-...--...,,.-_.-_.--....$ Facilities Construction Grants ................................^ Total Funds Budgeted ....____._-....._-...._._-......___._....._...$ State Funds Budgeted .............................................^
Total Positions Budgeted

862,217 428,631
10,400 61,000
8,000 155,118 25,000
149,329 5,013,000 11,847,757 5,630,530
396

6. Physical Health -- Local Services Budget:
Personal Services ,,,,.,,.. .,,,,.,,..$ Regular Operating Expenses _._._.____,,_._______._____.__._..$ Travel __......__....___....__....__-....___.-._____..._..-.__.__........$ Motor Vehicle Equipment Purchases ..._._...._.__......$ Publications and Printing ........................................$ Equipment Purchases --_...--...--._......--..._.--..----.....$ Per Diem and Fees ___-..-_......__......_._...._._._,,.__.._...____...$ Computer Charges .....................................................^ Other Contractual Expense ....................................^ Grant for DeKalb County Mental
Retardation Project ....___.....___....__.....__...-__.......... $ Grant for Chatham County Mental
Retardation Project .............. .^ Grant-In-Aid to Counties .-_-.,,-$ Total Funds Budgeted ....._.,,....__......_...__.....__......_._.,,$ State Funds Budgeted ............................................^ Total Positions Budgeted

5,493,910 570,223 550,130 --0-- 4,360 45,000 170,510 --0-- 147,649
97,300
92,800 9,028,977 16,200,859 12,834,320
447

7. Mental Health -- Program Direction and Support Budget:

Personal Services ..............................................^

Regular Operating Expenses . .--..------.. ------~_-.$

Travel -...-- ..-.-$

Motor Vehicle Equipment Purchases ._.__.,,__..._._--$

Publications and Printing ........................................^

Equipment Purchases -..-.--..--.---.-----.-.----------.$

Per Diem and Fees

.-.---$

Computer Charges ._.,,__.-...__..__.-_._.---.----- $

Other Contractual Expense .....................................^

Benefits for Family Living Care ._...-......_....__..---- $

Total Funds Budgeted ..-....-.-.-.--.---.-----$

State Funds Budgeted ._..... ........................ --.. $

Total Positions Budgeted

1,157,479 150,267 130,000 --0-- 9,200 --0--
24,200 100,000 450,000 975,000 2,996,146 2,377,689
94

8. Drug Abuse Prevention and Abatement Budget:
Personal Services .....................-...--.----------------^ Regular Operating Expenses ..--------------.-------$

1,581,904 246,477

3446

JOURNAL OF THE HOUSE,

Travel ..............................................$

Motor Vehicle Equipment Purchases _--------______.$

Publications and Printing ___._,,______,,___._______________..$

Equipment Purchases -.-.....__.._______$

Per Diem and Fees .......................__.....$

Computer Charges ..................... ^

Other Contractual Expense ............. 4

Total Funds Budgeted ...._._.___________..______.________________. $

State Funds Budgeted

.......

....^

Total Positions Budgeted

54,497 --0--
16,644
4,500 86,720 100,000 2,426,938 4,517,680 1,283,056
153

9. Mental Health -- Local Services Budget:

Personal Services .............................$

Regular Operating Expenses .,,_________________,,__________,,$

Travel _______._______$

Motor Vehicle Equipment Purchases ......_..________..$

Publications and Printing ______________.._.._________________.$

Equipment Purchases

.......................$

Per Diem and Fees ___.___.___.._.._............._-...______._..........$

Computer Charges ------,,_,,.--...,,_._.__________,,.,,........$

Other Contractual Expense .._._______________._._._____.____. $

Contracts with Day Care Centers for

the Mentally Retarded .................4

Grants for Alcoholism Community

Treatment Programs ....._.. ............ ..._.$

Grants for Child Mental Health .__.________.____._______.__..$

Grants for Adult Mental Health ___._______.._____________..$

Grants to Group Homes for the

Mentally Retarded ...........$

Total Funds Budgeted _._.____.__...__.._._._._______._._._______...$

State Funds Budgeted ___.___-__..._._._-...-__-_____._._.-_..$

Total Positions Budgeted

250,015 29,703 25,956 --0--
500 500 --0-- --0-- 59,000
23,417,216
2,291,211 1,040,034 3,860,511
1,322,000 32,296,646 17,287,137
14

10. Work Incentive Program Budget:

Personal Services

................. ^

Regular Operating Expenses

..................^

Travel

.___.$

Motor Vehicle Equipment Purchases _,,.-...--.--.___.$

Publications and Printing

.,,_,,,,..,,_..$

Equipment Purchases -- ---,,_--,,..,,------,,,,.._.._----__$

Per Diem and Fees -- - --.---,,--.--......,,--....-$

Computer Charges ... ................................... ....^

Other Contractual Expense ._...._......_...__._._.__..___.._..$

W.I.N. Benefits ....... ....^

Total Funds Budgeted

.. $

State Funds Budgeted

.

$

Total Positions Budgeted

987,452 65,000 80,500 --0-- 2,000 --0-- --0--
59,000 --0-- 2,750,000 3,943,952 394,395
101

11. Child Care Budget:
Personal Services ................................^ Regular Operating Expenses .........................$ Travel .......--.....................$ Motor Vehicle Equipment Purchases ....................$

--0-- --0-- --0-- --0--

THURSDAY, MARCH 20, 1975
Publications and Printing ._.._____ ...... ____..__._.$ Equipment Purchases __..__..___________________.___,,_________.$ Per Diem and Fees ----..--.._... -__......_.___ _.__.$ Computer Charges -._-.._..._.-- ....,,..__.___._$ Other Contractual Expense _-..,,_.__._.______._,,__,,._____,,.$ Grants to Fulton County for 24-hour
Emergency Social Services ---_.__--__,,_-,,__--.,,______.$ Benefits for Child Care ___._...__._.._._._.._____.,_..____________$ Total Funds Budgeted .-___._..______.___....____..._.._._..._______$ State Funds Budgeted ,,._._....___...__......._-....__....._._.$ Total Positions Budgeted

3447
--0-- --0-- --0-- --0-- --0--
130,000 6,567,230 6,697,230 3,575,151
0

12. Programs for Children, Youth, Families, and Adults Budget:

Personal Services .. .._-_._._..-_.__._._....-.__._..___._..,,___..._.$

Regular Operating Expenses --....._....__.....__...-..___..$

Travel .

.

$

Motor Vehicle Equipment Purchases _,,.___._...____-_.$

Publications and Printing -.._-....__-__.-_-____-__._.____..$

Equipment Purchases _._.__.._-__..--__..._-___..-.__..._.___.._-__.$

Per Diem and Fees ...... ..._...._............__......._..._.._...__ $

Computer Charges ......-_..._........._....._...__...._._.....__... $

Other Contractual Expense ....... $

Georgia Indigent Legal

Services Contracts __.._____.____.._____._.___.--____.-__..--__.$

Total Funds Budgeted ....._...........__....._....__......_......_$

State Funds Budgeted .........................................$

Total Positions Budgeted

5,914,481 660,132 473,556 4,112 89,335 32,500 16,600 260,000
27,830,677
--0-- 35,281,393
5,474,532 545

13. Services to the Aged Budget:

Personal Services -.-... -.....-. $

Regular Operating Expenses ..-..-...--_,,.-_..---..---....$

Travel .._.__...__....___...._......................_.-...-.-.--..--.- $

Motor Vehicle Equipment Purchases .._.__.-..--.__..$

Publications and Printing ......_...._._..............__..._.._.$

Equipment Purchases .._____.._.--__..--_._---._----------.$

Per Diem and Fees

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

Computer Charges ______..__.._-__--_,,_________.__._..-__._-.___.$

Other Contractual Expense _._............,,...-..-..,,--....$

Areawide and Community Grants ...... ..............,,.$

Nutrition Grants ._.....-....__..__..-.._--_..-.------$

Total Funds Budgeted ............. ............................. $

State Funds Budgeted ._._............._.......-.-.-.---$

Total Positions Budgeted

419,957 64,576 31,584
--0-- 4,200 4,032 2,100
--0-- 4,536
1,457,178 2,476,500 4,464,663
473,722
35

14. Vocational Rehabilitation -- Program Direction and Support Budget:

Personal Services .. ..--._--------------..-------------- $

Regular Operating Expenses .._..........--.....--.-----.$

Travel ....................-...-..-----.---------- $

Motor Vehicle Equipment Purchases .............. $

Publications and Printing ... ..... ....-

$

845,903 9,264,982
26,347 --0--
9,500

3448

JOURNAL OF THE HOUSE,

Equipment Purchases .......................... ..^ Per Diem and Fees --.----.-- ...... .--.-- .-- $ Computer Charges .,,--..-_____._...___..,,.....___......__._.......$ Other Contractual Expense ,,--...,,.___-..-_.____.....,,.$ Grants for Nephrology Centers ._.._...,,--______......___..$ Total Funds Budgeted ..............................................I State Funds Budgeted ____...._.._.__.,,...____._......_._.__._..._.$ Total Positions Budgeted

1,700 16,740 225,000 45,080 185,000 10,620,252 2,878,908
65

15. Vocational Rehabilitation -- Facilities Budget:

Personal Services .... _______________________________________________ $

Regular Operating Expenses _--....._.._______.....___._._...$

Travel ................................ ^

Motor Vehicle Equipment Purchases -------____..--.$

Publications and Printing _.......,,....._.____._...,,....._._..__.$

Equipment. Purchases

...

. .________._..__.$

Per Diem and Fees ....................................................$

Computer Charges _-.-.-.._.__.__-......._...._._--.-..-__.___,,_..$

Other Contractual Expense ......_.__...._.....___.._..........$

Capital Outlay ___.__________..__..___._______.._______-_-__-._._.___,,__.$

Total Funds Budgeted

......... $

State Funds Budgeted ......_.___-__..-..-.-._-..__.._...........$

Total Positions Budgeted

8,279,542 4,398,891
135,704 25,588 12,005 200,798 127,690 --0-- 275,150 250,000 13,705,368 2,010,990
684

16. Vocational Rehabilitation -- Services Budget:

Personal Services _.,,_._.__.,,,,.--$

Regular Operating Expenses --... .............--.--.......$

Travel ...........

^^

Motor Vehicle Equipment Purchases --.........---.--$

Publications and Printing ........................................^

Equipment Purchases ....................^

Per Diem and Fees

.............. ^

Computer Charges ^ ...........................-$

Other Contractual Expense ._.._................_.....___._..$

Total Funds Budgeted ._......._..._...........-__._._.._._...... $

State Funds Budgeted ..........................................-...%

Total Positions Budgeted

10,974,877 7,851,412
540,946 --0--
42,536 153,117 226,424 --0--- --0-- 19,789,312 1,910,071
924

17. Medicaid Benefits Budget:
Personal Services .......-.........-.-......% --0-- Regular Operating Expenses ..................................% --0-- Travel ...................................^ --0-- Motor Vehicle Equipment Purchases ....................% --0-- Publications and Printing ___._,,---,,,,.-.... ..,,..._.____,,.$ --0-- Equipment Purchases --..----..._-...........--------,,,,--.? --0-- Per Diem and Fees ...............----------............--$ --0-- Computer Charges ,,........_.__.__-..............--_.____.-.$ 1,900,000 Other Contractual Expense ....................................$ --0-- Medicaid Benefits .....-____..._.......-____._.___---.---$ 267,000,000 Payments to Counties for Adult
Mental Health .....................^ 737,500

THURSDAY, MARCH 20, 1975

3449

Payments to Counties for

Child Mental Health __----------_.---- .-----._----.$

147,500

Payments to Counties for Alcoholism --.._----------$ 354,000

Total Funds Budgeted ----_.--__----__----_----__----_.$ 270,139,000

State Funds Budgeted ------ ----_------_.----------$ 92,676,200

Total Positions Budgeted

0

18. Public Assistance Budget:

Personal Services --------------__----__------__--_$ --0--

Regular Operating Expenses ------------___------__$ --0--

Travel . ........................ ^ --0--

Motor Vehicle Equipment Purchases ------------ $ --0--

Publications and Printing _...__.----------------_----__.$ --0--

Equipment Purchases .. -..._------..--------------_--.$ --0--

Per Diem and Fees -_.__----_--.-.----__--------.--_._._.$ --0--

Computer Charges ------.___.. ..--.._--..----.._----__----.$ 660,000

Other Contractual Expense ...... ..........._..........._.$

650,000

Cuban Refugees Benefits ..... ............_........_....._......$ 100,000

SSI-Supplement Benefits ..... ..............................^ 3,735,584

AFDC Benefits ......... ............. .--_....-- ...............$ 138,167,872

Total Funds Budgeted .......... .................... ..__...$ 143,313,456

State Funds Budgeted ............... ....... .... .......$ 39,577,036

Total Positions Budgeted

0

19. Local Services -- Community Services and Benefits Payments Budget:

Personal Services __......_.-............_......__.--------_--_$

Regular Operating Expenses ----.._--------------$

Travel .---- .---..------ $

Motor Vehicle Equipment Purchases ..----------_$

Publications and Printing .......................................^

Equipment Purchases .... _......,, ._.__----------,,_------$

Per Diem and Fees----.-.--- ..............................-.%

Computer Charges .......................--..--.......--....----.^

Other Contractual Expense -

.........--.--.-- $

Local Services Benefits Payments Grants ............ $

Grants to Counties for Social Services ...... ....._.... $

Total Funds Budgeted ..... ........... .........................9

State Funds Budgeted ........ ...... -- ...... $

Total Positions Budgeted

--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- 27,850,545 21,893,068 49,743,613 22,682,500
0

20. Benefits Payments -- Program Administration and Support Budget:

Personal Services ----_----------.------------$

Regular Operating Expenses __--.----_-------- $

Travel -.....--. ... -

$

Motor Vehicle Equipment Purchases ........--..--..$

Publications and Printing ._....----.....--....------....$

Equipment Purchases ................. --^

Per Diem and Fees ................... .................----..--.-I

Computer Charges .--------_---------------------$

2,761,303 633,083 179,000 --0-- 175,870 23,770 --0-- --0--

8450

JOURNAL OF THE HOUSE,

Other Contractual Expense .-.-......___.__.._.$ Total Funds Budgeted --....__--..._____.......___._...._____._..$ State Funds Budgeted ........._...__..$ Total Positions Budgeted

2,589,275 6,362,301 3,177,819
242

Budget Unit Object Classes:

Personal Services ... ..... ...____......._.$ 57,349,732

Regular Operating Expenses ._..___...______________.______.$ 27,603,496

Travel -..-_.._......_.__. $ 3,424,434

Motor Vehicle Equipment Purchases .._____..._________.$

40,100

Publications and Printing _._...._________.__________.___________.$ 731,467

Equipment Purchases ......... ................if 522,392

Per Diem and Fees ....................................................I 1,414,086

Computer Charges ____...._____....__.__...._..__.__....______.______..$ 5,071,000

Other Contractual Expense ............ ........ ___.__$ 38,050,854

Grants for Regional Prenatal and

Postnatal Care Programs .._.__....... .....................If --0--

Crippled Children Benefits ........................._............$ 3,034,626

Kidney Disease Benefits ........... .__.___.....____.....______.__$ 300,000

Cancer Control Benefits ............. ...._.._._.........__...... _.$ 441,000

Maternal Health/Family Planning Benefits ....... $ 2,220,154

Facilities Construction Grants ......_._._... .._........_.._..$ 5,013,000

Grants for DeKalb County Mental

Retardation Project ....._____._.___________..___.___._..___.____.$

97,300

Grants for Chatham County Mental

Retardation Project ....._..___.....__._.__......_...__........_..$

92,800

Grant-In-Aid to Counties ................ .......................$ 9,028,977

Benefits for Family Living Care .._.__._._......._.._._.. $ 975,000

Contracts with Day Care Centers for

the Mentally Retarded ................ ...................... $ 23,417,216

Grants for Alcoholism Community

Treatment Programs _.__.__......_.............._._..........._.$ 2,291,211

Grants for Child Mental Health ........._..._........_.__... $ 1,040,034

Grants for Adult Mental Health .........................I 3,860,511

Grants to Group Homes for the

Mentally Retarded ......,,$ 1,322,000

Work Incentive Benefits ._..............._..__....................$ 2,750,000

Grants to Fulton County for 24-hour

Emergency Social Services __________......________.....____.$ 130,000

Benefits for Child Care .............................................^ 6,567,230

Georgia Indigent Legal Services Contracts --.__-- $ --0--

Areawide and Community Grants _.-........_.--...... $ 1,457,178

Nutrition Grants ......................................................^ 2,476,500

Grants for Nephrology Centers ___......._.____.__........___.$ 185,000

Medicaid Benefits _........_.._.__....................................$ 267,000,000

Payments to Counties for Adult

Mental Health _._.__..._...............-.........--.....----$ 737,500

Payments to Counties for

Child Mental Health

......$ 147,500

Payments to Counties for Alcoholism ....................I 354,000

Cuban Refugees Benefits ........

^ 100,000

SSI-Supplement Benefits .............._..........................$ 3,735,584

AFDC Benefits

......... -4 138,167,872

Local Services Benefits Payments Grants ............$ 27,850,545

THURSDAY, MARCH 20, 1975

3451

Grants to Counties for Social Services ,,._ $ Capital Outlay ---.,,,,_.,,__._,,$ State of Georgia General Obligation
Debt Sinking Fund __........,,...____........_.__........_.___.___.$

21,893,068 250,000
190,000

Provided, however, that none of the above ap propriation for Medicaid Benefits shall be used to fund any increase in rates for providers of service, unless approved in advance by appropriate subcommittees of the House and Senate Appropriations Committees, said subcommittees to be so designated by the respective Chairmen of said Appropriations Committees.

Provided, that of the above appropriation rel
ative to departmental operations, no State funds what soever shall be used to pay APDC benefits to the extent that the net average monthly payment per individual exceeds $32.00 on a quarterly average basis.

Provided, that of the above appropriation, $1,437,000 is designated and committed for 12%% matching for Day Care Centers in the State of Georgia.

Provided, that of the above amount related to Personal Services in the Vocational Rehabilitation -- Facilities Budget $234,425 is designated and committed to fund the 19 management positions at the Factories for the Blind in Bainbridge, Atlanta, and Griffin.

Provided, that of the above appropriation, $500,000 is designated and committed for regional prenatal and postnatal care programs.

Provided, that of the funds available in the Physical Health - Local Services Budget not less than $150,000 is committed for continuation of the Community Cardiovascular Council Stroke-Screening Program.

Provided, that of the above appropriation, $20,000 is designated and committed for toxoplasmosis screen ing as authorized by House Resolution 67.

Provided, that of the above appropriation, $55,000 is designated and committed to contract for services with the Wayne County Resident Center for Alcohol and Drug Abuse Inc., in Jesup, Georgia.

Provided, that of the above appropriation, $100,000 is designated and committed for the purchase of drugs for the Hemophilia Program and $50,000 is designated and committed to operate the Hemophilia Program in
Augusta, Georgia.

3452

JOURNAL OF THE HOUSE,

B. Budget Unit: Mental Health and Youth Development Institutions --.____._..,,___...._.._......__,,.$ 144,240,260

1. Georgia Regional Hospital at Augusta Budget:
Personal Services _--_..----_.,,----__----__----_.___--_____ $ Regular Operating Expenses _--.___.-..._.___.....___.......$ Travel .------ ---_---------_,,.. $ Motor Vehicle Equipment Purchases .._..._.__._....__..$ Publications and Printing __..---.______.-.___..___...________..$ Equipment Purchases ,,_.----_----__....,,___,,.....____......__.$ Per Diem and Fees ...... ................................. $ Computer Charges ............... .^ Other Contractual Expense .....................................4 Authority Lease Rentals ._...--_----__.____----_.___._----.$ Outpatient and Aftercare Drug Purchases .........$ Total Funds Budgeted ..............................................^ State Funds Budgeted __--._.. ------ ._.. .__..__----....____.$ Total Positions Budgeted

4,869,692 861,113 20,500 4,200 3,840 5,000 72,000 70,000 110,060 387,000
45,000 6,448,405 5,982,405
537

2. Georgia Regional Hospital at Atlanta Budget:
Personal Services ..........................................--.........$ Regular Operating Expenses .._----______.--__--_._--__ $ Travel -------- $ Motor Vehicle Equipment Purchases ...................^ Publications and Printing _--__----__,,..__._.,,----_,,__$ Equipment Purchases -----------------_.._------.$ Per Diem and Fees ...................................................^ Computer Charges .....................................................$ Other Contractual Expense ___._____.._-.....__.___..._.... $ Authority Lease Rentals ......... ^ Outpatient and Aftercare Drug Purchases ______..... $ Total Funds Budgeted ____,,...,,.._._.__._......._.____._........_.$ State Funds Budgeted _._._________.__.. ........................^ Total Positions Budgeted

5,918,948 1,346,965
15,129 --0--
8,750 10,215 107,000 82,000 15,070
513,000 150,000 8,167,077 7,786,077
645

3. Georgia Regional Hospital at Savannah Budget:
Personal Services ....___._..___.___.,,......_.__.__-....___.__....._._.$ Regular Operating Expenses .._.___.._,,.-_.___.,,.....___.$ Travel ___.__......._.___.__......_______.._....______......._____.._......___. $ Motor Vehicle Equipment Purchases ___._..,,....._.___.$ Publications and Printing ..............$ Equipment Purchases _..___.___.________________-...____..__._.,,____$ Per Diem and Fees .................$ Computer Charges ........_._..,,..........._............._...........-.$ Other Contractual Expense _...__.-...-.,-_..........._..._.. $ Authority Lease Rentals ...................$ Outpatient and Aftercare Drug Purchases-------.$ Total Funds Budgeted ................................................$ State Funds Budgeted .......................$ Total Positions Budgeted

4,685,618 748,524 19,000 --0-- 2,000 25,000 66,000 69,000 34,000 500,000 52,500
6,201,642 5,851,642
551

THURSDAY, MARCH 20, 1975

3453

4. West Central Georgia Regional Hospital Budget:

Personal Services ___.____.___._.___ $

Regular Operating Expenses ______.__...--.____........,,_____.$

Travel ......................................

.^

Motor Vehicle Equipment Purchases _____ _______________ $

Publications and Printing .................. ^

Equipment Purchases ....____________.._....__.......________..... $

Per Diem and Pees _______,,_..,,_.___. $

Computer Charges ,,,,__...--_

$

Other Contractual Expense ._,.________.__.-_._..____________ $

Authority Lease Rentals

_._._._. ___.._.$

Outpatient and Aftercare Drug Purchases _______ $

Total Funds Budgeted .....__.___.___.___...______._.._____.___......$

State Funds Budgeted ............................................^

Total Positions Budgeted

4,308,000 733,441 16,000 --0-- 4,400 16,050
40,000 65,000 --0-- 646,500 90,000 5,919,391 5,749,391
551

5. Northwest Georgia Regional Hospital at Rome Budget:

Personal Services __._________.....__.-_______....__.___._....__..__._ $

Regular Operating Expenses _________________________________ $

Travel ....................................... ^

Motor Vehicle Equipment Purchases _______________ $

Publications and Printing _____...___________..__.______'--..__.___$

Equipment Purchases __.____._______._._.___.__.____._._._._.___.___ $

Per Diem and Fees ______,,__-._.__-__ $

Computer Charges ___.___.__.

$

Other Contractual Expense ._._______._,,......_._ ___._...___.$

Capital Outlay

_.__.._,,__.

$

Authority Lease Rentals _______________________ __._....._.___ $

Outpatient and Aftercare Drug Purchases _______ $

Total Funds Budgeted .......................................... i

State Funds Budgeted _ _____

__

$

Total Positions Budgeted

5,774,299 1,185,087
20,000 5,000 5,500 32,718 31,000 75,000 --0-- 100,000 853,500 52,500 8,134,604 7,622,049
779

6. Gracewood State School and Hospital Budget:
Personal Services .......................................................^ Regular Operating Expenses _....___________.._._____._________ $ Travel ..___.._..._.......__.._._... $ Motor Vehicle Equipment Purchases ... ______ ....... $ Publications and Printing _______________________________________ $ Equipment Purchases -...--_....,,..-----....__.-----_._-- $ Per Diem and Fees ...........$ Computer Charges ....____________........______...__._______.......___.$ Other Contractual Expense ______......__________.__.._... ___ $ Capital Outlay ____......_..._.____........___.___...__....___:_...._..___$ Authority Lease Rentals .........................................i Total Funds Budgeted ___.___._._......._.___.....____.__.._....___..$ State Funds Budgeted ....___.___.___.___.__.._._.___..__...._..__._ $ Total Positions Budgeted

13,279,351 2,873,183
22,611 20,396
7,102 125,00.0 47,176
71,000 136,483 2,750,000 117,000 19,449,302 15,710,769
1,562

7. Southwestern State Hospital Budget: Personal Services .........................$ 7,328,336

3454

JOURNAL OF THE HOUSE,

Regular Operating Expenses .------..-...-_....--.....--.$

Travel .............................................. $

Motor Vehicle Equipment Purchases --______,,.--_--_..$

Publications and Printing __......__.._._.._.._._.. __,,______.__.$

Equipment Purchases --..._--.......----.--.--,,...--.--.--.$

Per Diem and Fees ................ ^.

Computer Charges ..............$

Other Contractual Expense _._._._. $

Capital Outlay ........................... ..^,

Outpatient and Aftercare Drug Purchases --...-- $

Total Funds Budgeted ._.__.........._..:__.,,..._._................ $

State Funds Budgeted

........

^

Total Positions Budgeted

1,256,53'6
24,297 11,565 1,365 47,969 51,535 70,000 14,736
2,000,000 75,000
10,881,339 10,183,339
805

8. Georgia Retardation Center Budget:

Personal Services

,,_..........,,...$

Regular Operating Expenses ___._._..._..__._.______-_.--._._$

Travel ...._..........._..................._._......._......._..._....._....._.... $

Motor Vehicle Equipment Purchases ___._...________ __. $

Publications and Printing _........._.._.._..............__.....$

Equipment Purchases ___._,,._______,,_________________.___.____. $

Per Diem and Fees .....................$

Computer Charges __-,,_,,.,,,,,,,,_... __..__. $

Other Contractual Expense .,,..............._._._..__......._.$

Capital Outlay ___________________________________________________________ $

Authority Lease Rentals _..._...._..............-...___,,.___...... $

Total Funds Budgeted .....................$

State Funds Budgeted ......

.-............$

Total Positions Budgeted

9,910,000 1,796,054
30,000 --0--
9,486 10,000 50,146 122,100 892,065 263,213 794,000 13,877,064 13,422,064 1,098

9. Georgia Mental Health Institute Budget:
Personal Services ................ $ Regular Operating Expenses ................$ Travel __.__._______._____.___._.__..____._____.____.__________.___.._._______.$ Motor Vehicle Equipment Purchases ........,,,,--......$ Publications and Printing .........,,........._......_..........._.$ Equipment Purchases -- .--.--..--_. ______._._..-- -- $ Per Diem and Fees ....._.............._..............._...............$ Computer Charges ___._.__._________..___._______._______.__.._._______ $ Other Contractual Expense ....^......................_.__.._._ $ Authority Lease Rentals __..._.._._...-......._........._........_..$ Outpatient and Aftercare Drug Purchases .._.....-- $ Total Funds Budgeted ...... ..._.......$ State Funds Budgeted ,,......:..._......................_..._.....$ Total Positions Budgeted

7,473,369 1,408,766
35,200 --0--
9,870 31,095 81,289 60,810 420,825 450,000 . 172,500 10,143,724 9,616,895
707

10. Central State Hospital Budget:
Personal Services ............__.._....._..._.__...._._._......._........ $ Regular Operating Expenses _..................._._..........._.$ Travel ._.._,,........................_........_....,,......._..._.....,,.._._._... $ Motor Vehicle Equipment Purchases ___._______,,.___.___.$ Publications and Printing ....._.._......._.....__.._.......__.._...$

42,684,463 9,647,655
52,789 --0--
14,408

THURSDAY, MARCH 20, 1976

3455

Equipment Purchases -,,._.--,,.-. ..-,,--$ Per Diem and Fees ...............................$ Computer Charges ......................... ...^ Other Contractual Expense .__.._..__......_.........._.....__.$ Capital Outlay ................................ $ Authority Lease Rentals ____,,...._,,._._........_-_..._--...$ State of Georgia General Obligation
Debt Sinking Fund .......... $ Outpatient and After Care Drug Purchases ,,._--_ $ Total Funds Budgeted ............... $ State Funds Budgeted .......................................I Total Positions Budgeted

321,885 91,492 360,000 82,875 2,925,000 1,284,000
183,000 112,500 57,760,067 49,262,502
4,893

11. State Youth Development Centers Budget:

Personal Services ................$

Regular Operating Expenses ,,_.___.._..___.._._.__.......-_.$

Travel

.............. $

Motor Vehicle Equipment Purchases ____-- .__.__.. ._. $

Publications and Printing .....................................^

Equipment Purchases .-__-............-....-.-- -.....---.$

Per Diem and Fees ....................................................^

Computer Charges ............ $

Other Contractual Expense .........................1... ....... $

Total Funds Budgeted ........ $

State Funds Budgeted ..............................................^

Total Positions Budgeted

5,940,000 1,327,516
15,500 13,000 3,400 22,700 33,200
8,000 8,400 7,371,716 7,295,716
621

12. Regional Youth Development Centers Budget:

Personal Services _._.....__._.................._.....__......_.......-..$

Regular Operating Expenses -_.___.--.___ ....... $

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

Motor Vehicle Equipment Purchases ...................^

Publications and Printing ...._......._...... _..._..__.___._._....$

Equipment Purchases __.._______.,,_._____._._______.-_______.--___$

Per Diem and Fees __....._.. ..................................... ^

Computer Charges ........-_...... ........-..................-- ...$

Other Contractual Expense ........ ..._.._.................... $

Capital Outlay __..................__......__...............-............$

Grants to County-Owned Detention Centers ...... j

Total Funds Budgeted ... ......................._.............$

State Funds Budgeted ..... ..............

.. $

Total Positions Budgeted

2,408,338 719,715 15,300 15,500 ' 2,250 70,450 65,358 --0-- --0--
2,104,000 369,000
5,769,911 5,757,411
298

Budget Unit Object Classes:

Personal Services .__.......-._..._............_......................... $ 114,580,414

Regular Operating Expenses ................................$ 23,904,555

Travel __.....__.._._.....___.....-......__.....,,..__-......_-....._-......._ $ 286,326

Motor Vehicle Equipment Purchases ...,,.......--.... $

69,661

Publications and Printing .......................................I

72,371

Equipment Purchases .........._.....__......_..............._...... $ 718,082

Per Diem and Fees ...._._.........-._.............-..._...._......_.. $ ' 736,196

Computer Charges ............................. ^ 1,052,910

3456

JOURNAL OF THE HOUSE,

Other Contractual Expense ___.___,,_______.__,,___,,________..__$ Capital Outlay ......_..._.__................_,,.......................___. $ Grants to County-Owned Detention Centers...___,,$ Authority Lease Rentals .-.............----..if State of Georgia General Obligation
Debt Sinking Fund ............,,............_$ Outpatient and Aftercare Drug Purchases __.._..._.,,$

1,714,514 10,142,213
369,000 5,545,000
183,000 750,000

Provided, that of the above appropriation relating to Capital Outlay: $2,104,000 is designated and com mitted for the construction of Regional Youth Develop ment Centers at Macon ($842,000), Griffin ($631,000) and Eastman ($631,000); $2,925,000 is designated and committed to renovate the Alien Building at Central State Hospital; $2,750,000 is designated and committed to construct a hospital unit at Gracewood State School and Hospital; $2,000,000 is designated and committed to construct a multi-geographic receiving facility at South western State Hospital; and $263,213 is designated and committed for renovations, to meet Fire Marshal re quirements, at the Georgia Retardation Center.

Provided, that of the above appropriation relating to Capital Outlay, $100,000 is designated and committed for Fire Safety renovations at Northwest Georgia Regional Hospital.

Provided, that the Department of Human Re sources is hereby directed to proceed with the prepara tion of plans for a Regional Youth Development Center in Muscogee County, such plans to be paid for by funds appropriated to the Georgia State Financing and Invest ment Commission.

Section 27. Department of Labor. A. Budget Unit: Inspection Division .........................I

456,021

Inspection Division Budget:
Personal Services ......... ._.__.._._..._._.__$ Regular Operating Expenses ................_$ Travel ....._.......$ Motor Vehicle Equipment Purchases __......,,..._.._,,.$ Publications and Printing -_________..__.._______,,__.___._____.__$ Equipment Purchases --.-- .........._....$ Per Diem and Fees ............_...-.......-- _,,.,,....$ Computer Charges ...._.__.-- .-..,,,,.....-.-- ..$ Other Contractual Expense ,,_._...__.,,........._..._,,...___.$ Total Funds Budgeted --......---$ State Funds Budgeted .........._._........_....$ Total Positions Budgeted

369,800 23,221 . 60,000 --0-- 2,000
500
500 456,021 456,021
30

THURSDAY, MARCH 20, 1975
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 .................................. ^ Other Contractual Expense ..........................^

3457
369,800 23,221 60,000
--0-- 2,000 500
--0-- --0--
500

B. Budget Unit: Basic Employment, Work Incentive, Other Manpower Services, and Unemployment Compensation Reserve Fund ........................... .....^

3,357,798

1. Basic Employment Security Budget:
Personal Services ...............^ Regular Operating Expenses ......_.__......_._....._._-,,.._$ Travel .__......_._...............-_.._..._-..._...__......_........._....___,,.$ Motor Vehicle Equipment Purchases _--_____--______.$ Publications and Printing __.._______.___________,,_.______._____.$ Equipment Purchases _..,,_.___...._..___..._.___.....___.....,,_.$ Per Diem and Fees ................................ ....^ Computer Charges --....._--....-----......_--.-.--_,,...,,-$ Other Contractual Expense ............. ...^ Total Funds Budgeted ............................................. ^ State Funds Budgeted __...._.______...._........._._........._.__..$ Total Positions Budgeted

14,223,661 3,679,740
450,000 --0-- 250,000 150,000
5,000 --0-- 400,000 19,158,401 345,000
1,140

2. Other Manpower Training Budget:
Personal Services ..................................--...................9 Regular Operating Expenses .....,,..,,.--____----._-____ $ Travel .._.--..__-_ $ Motor Vehicle Equipment Purchases -.._...--..,,.--.$ Publications and Printing ................. ^ Equipment Purchases ,,.._..._..................._...._.--.-._._,,.$ Per Diem and Fees ....._............_.....,,............_....._......$ Computer Charges --.....----..-.---------__.....,,.._.._,,$ Other Contractual Expense ......_..._.__........_._...._........$ Total Funds Budgeted ............................................... ^ State Funds Fudgeted ,,.._..........._..,,...._._,,..,,.._,,.....$ Total Positions Budgeted

1,065,985 40,854 15,000
--0-- 25,000 25,000 5,000
--0-- --0-- 1,176,839 --0--
94

3. Correctional Manpower Program Budget:
Personal Services ..................... .^ Regular Operating Expenses -.,,....__,,...--..-...-_.-.... $ Travel ..,,........-..__.___........-..._..._................,,......_._._... $ Motor Vehicle Equipment Purchases ,,,,_,,_----._--.$ Publications and Printing .....-........-.....................$

751,538 76,503 26,433
--0-- --0--

3458

JOURNAL OP THE HOUSE,

Equipment Purchases .......... Per Diem and Pees --.__-__-____ Computer Charges ................ Other Contractual Expense Total Funds Budgeted ..... State Funds Budgeted ........ Total Positions Budgeted

45,000 900,874 900,874
58

4. Unemployment Compensation Reserve Fund Budget:
Unemployment Compensation Reserve Fund ...._:,,.....__......,,..__....__....,,_............,,....$
Total Funds Budgeted ............................................^ State Funds; Budgeted .-,,__.-.._-._......_--....._._......_.$

1,400,000 1,400,000 1,400,000

5. Work Incentive Budget:
Personal Services ..................................... ^ Regular Operating Expenses ............................^ Travel -..,,...-......_..............-..____._,,__._.....,,..,,.___.._.._..._._ $ Motor Vehicle Equipment Purchases ....___.-...,,_._._.$ Publications and Printing -.._._____._______________$ Equipment Purchases ............................. ......^ Per Diem and Fees ......................................$ Computer Charges _.__--_--_-___--_._,,_________,,__.___________.$ Other Contractual Expense ,,,,..................,,...,,.......$ W.I.N. Grants ...................^ Total Funds Budgeted ...................................$ State Funds Budgeted ..................................... ^ Total Positions Budgeted

2,853,664 395,373 125,000 --0-- 8,000 34,600 5,000 --0--
2,697,598 1,000,000 7,119,235
711,924 232

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 ................... ...........................^ Other Contractual Expense ...........................1.......% W. I. N. Grants .........................^ Unemployment Compensation
Reserve Fund ............................................$

18,894,848 4,192,470
616,433 --0-- 283,000 211,000
15,000 --0-- 3,142,598 1,000,000
1,400,000

Section 28. Department of Law. Budget Unit: Department of Law ...._._._,,.___.___._._..._.$

2,255,432

1. Attorney General's Office Budget:
Personal Services ........................................^ Regular Operating Expenses ...............................^

1,838,000 153,941

THURSDAY, MARCH 20, 1975

3459

Travel ...........,,_...-......._._..........,,__,,_..-,,....,__...__............ $ Motor Vehicle Equipment Purchases .,,.,,..----......$ Publications and Printing .................... ^ Equipment Purchases ---_._..-..-..._....--....-__._-_.--.,,.-....$ Per Diem and Fees ........................... $ Computer Charges ......................................$ Other Contractual Expense .__.___.,,______.__._...___._.__,,_$ Total Funds Budgeted .......-...-. .---...$ State Funds Budgeted ......-..__,,..._........__._........_.._._-$ Total Positions Budgeted

57,500 --0---
23,750 26,000 26,700
740 30,000 2,156,631 2,089,431
90

2. State Library Budget:
Personal Services .......................................................I Regular Operating Expenses -__._______.-_,,_____,,.,,__--.__.$ Travel ....................................... $ Motor Vehicle Equipment Purchases ___.,,,,.._.--._..$ Publications and Printing ---_____.._..---.._.._.._._....._._.$ Equipment Purchases ___......-_-_..__....._.-__-..._____._._.. $ Per Diem and Fees .......................... ....^ Computer Charges .............................$ Other Contractual Expense _................_....,,__......_.._.$ Law Books .........__.-- _.._..._._.___........._._.___-.......___._.__... $ Total Funds Budgeted _____.____.,,________..,,____.,,._._.__._,,._.$ State Funds Budgeted ................................$ Total Positions Budgeted

126,000 5,001 140
--0-- 250
2,000 550 60
--0-- 32,000 166,001 166,001 11

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 ....................................................^

Other Contractual Expense ..................................... ^

Books for State Library ............................................^

1,964,000 158,942 57,640 --0-- 24,000 28,000 27,250 800 30,000 32,000

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 source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimbursement to the De partment of Law as provided by law.

3460

JOURNAL OF THE HOUSE,

Section 29. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration (No direct State General Fund Appropriation is required. _.-__--_____.-.--_-____,,--_,,$

--0--

1. Applicant Services Budget:
Personal Services ._._.__...--__-....--_.....-.....----....--.....$ Regular Operating Expenses _...__--__,,------._.-----.$ Travel -_.......__._._._,,;___-.......-....._.__............_.___.__......--.$ Motor Vehicle Equipment Purchases ----_,,__--.--.$ Publications and Printing -..._.,, ,,_.------,,.$ Equipment Purchases ______....-.._......--.___.--____.___.--____$ Per Diem and Fees ........_.....-..______._..........-_.___.-.....$ Computer Charges __.._........_.._.......-___.._._...........___.-.$ Other Contractual Expense ___.....,,_._...._.-_.______----..$ Total Funds Budgeted ......_.._........_.......-..,,.-....._.__-$ State Funds Budgeted .._..............._._...___......_.._._.......$ Total Positions Budgeted

410,063 38,990 2,500
--0-- 24,600 1,640 2,000 264,500
--0-- 744,293 --0--
33

2. Classification and Compensation Budget:
Personal Services __________.._._.___________-_,,_._______.___.______.$ Regular Operating Expenses ..-_-..-...._.--_.....----.$ Travel _.......,,_._......._-..._.-_.....-.,,.........__._............_.-__....$ Motor Vehicle Equipment Purchases _--_,,.--_----_.$ Publications and Printing ___________,,_._______.______,,_____.$ Equipment Purchases --.,,--..--_,,.....--_.._---....-__--..$ Per Diem and Fees ___.__..__...-.__....-..__.__..-_.......__.........$ Computer Charges ._.___....,,,,..._. .... ,,.,,..-$ Other Contractual Expense -..--_--...-_.___-.,,..-_._._----.$ Total Funds Budgeted .,,....-_.........,,.__._........__..__.....$ State Funds Budgeted ,,_..__.____,,.,,_-_._____-__._._.__._,,_____.$ Total Positions Budgeted

316,400 10,150 2,500
--0-- 28,000 2,000 500 49,049
--0-- 408,599 --0--
22

3. Employee Services Budget:
Personal Services .._._......--_........._........_..._.........--_...$ Regular Operating Expenses -_..____--__.,,,,.____-_--____.$ Travel ............................ ...^^$ Motor Vehicle Equipment Purchases --_----__,,_--_$ Publications and Printing ___._...,,_._......,,..__.....,,_..._.$ Equipment Purchases -_..-.....--_....,,...-.,,...........-_......$ Per Diem and Fees -._.__.._---__._____-,,__.___._---__,,__.----_.$ Computer Charges -_.....-_-_-....-...,,-.....-.-...___........--... $ Other Contractual Expense ___.__.__________--__,,___.--__$ Total Funds Budgeted ................................................I State Funds Budgeted ........__.._........_,,.........__..__......$ Total Positions Budgeted

260,000 8,625 2,500
--0-- 5,500 1,200 700
100,000 --0-- 378,525 -- 0--
20

4. Training and Staff Development Budget: Personal Services __--__._________---____.-__--_,,______----$

193,775

THURSDAY, MARCH 20, 1975
Regular Operating Expenses ___.----______------._----$ Travel ___.._,,_..,,_._,,_..--.._.,,._,,-.__,, $ Motor Vehicle Equipment Purchases .__.,,_.-..___.,,-.$ Publications and Printing ........................................I Equipment Purchases ...._._____,,_--.--___________.__--__._.-- $ Per Diem and Fees .........._._.............,,._.___,,._..-.-,,__._.$ Computer Charges _...........__.____...--..___........_--....----$ Other Contractual Expense .._..-.--..,,..--.--.....__..--.$ Total Funds Budgeted ,,.,,,,.,,,,_.,,.-..-$ State Funds Budgeted ._...___ -.,,....._.,,,,,,$ Total Positions Budgeted
5. Insurance and Income Maintenance Budget:
Personal Services ....__..............-- ....... ...... ....... $ Regular Operating Expenses ....._..___......... .--__......-$ Travel -__.....-...___._.....___.__.-.-._.._...-..........___.___.-......__-. $ Motor Vehicle Equipment Purchases --.. ----...---- $ Publications and Printing ......_.._..__........_.__.._.._._.... $ Equipment Purchases ._.......,,.._..........._._,_..--.-..,,.._._.$ Per Diem and Fees ,,.._...__...,,.__..__.._........_..__..__......,,..$ Computer Charges __.._........____..._........,,._....-........,,.... $ Other Contractual Expense -----_.,,__--------.._----.$ Total Funds Budgeted .....__._...__.........,,..._._..__..,,._._. $ State Funds Budgeted ...._._........._._.....___.....__.___........$ Total Positions Budgeted
6. Planning, Research and Special Services Budget:
Personal Services _._........._.,,._._._...........__._._._..._.,,...._.$ Regular Operating Expenses ....--.__......_.-...._..._._,,.$ Travel ............................................................................I Motor Vehicle Equipment Purchases _._...-...__.__.._..$ Publications and Printing _._.-__.-.-......._.__._...............$ Equipment Purchases .-..__..--...-....._.._.__.,,..-......__-.....$ Per Diem and Fees __...,,.........__.............._..._...__..,,...,,.$ Computer Charges ....................................................I Other Contractual Expense _.__.._..._......_...._.__....,,......$ Total Funds Budgeted .....,,....._._.__._...........__.._._._._.. $ State Funds Budgeted .._._......._...___._._..._.,,........_._._...$ Total Positions Budgeted
7. Administrative and Staff Services Budget:
Personal Services _._.------..._._..._.__..._......_,,.....-.____.___.$ Regular Operating Expenses --.---;______,,____,,.-_______--.$ Travel ....___.__........,,.......__.__.................._._,,........._....__.__.$ Motor Vehicle Equipment Purchases _-- ...._._._.._._.$ Publications and Printing ....,,......___.__..........___.___._...$ Equipment Purchases --.___.-.,,_._..........._.-.....,,_...__.--.$ Per Diem and Fees ___.___._________________.,,___.____.___.____,,____.$ Computer Charges ___...--......--_.___...___.....___._._._......___.$

3461
14,900 4,900
--0-- 4,400 1,850 20,250 200
--0-- 240,275 --0--
14
182,500 16,835 1,575
--0-- 2,600 560 9,000
15,600 --O1-- 228,670 --0--
16
91,620 4,400 2,000
--0-- 550
--0-- 400
1,900 300,000 400,870 --0--
5
158,000 9,550 600
--0-- 2,300 1,400 300 6,000

3462

JOURNAL OF THE HOUSE,

Other Contractual Expense ....................................I Total Funds Budgeted _.-...-.--.,,,,.....____..........-$ State Funds Budgeted _._________.___.___.,,,,,,$ Total Positions Budgeted

--0-- 178,150 --0--
13

8. Director Office Budget:
Personal Services ........-.-.--.--.-...........................--.-I Regular Operating Expenses ,,..--.--.-...........-------$ Travel --_,,___._____.________._.._____._._________________.______._.___,,_._______.$ Motor Vehicle Equipment Purchases ,,_.,,..._______....$ Publications and Printing __.______.__._.______.______.$ Equipment Purchases __,,--________-_--_--__--_-__--.__.$ Per Diem and Fees _____._------_-.___________._----$ Computer Charges --___.-_-____.____..________.________-------$ Other Contractual Expense ______,,__,,._,,__.___.._.$ Total Funds Budgeted _...____.__..__.___.___.._.__.__.__.$ State Funds Budgeted _...______.._,,..__._,,_..__,,_..__.$ Total Positions Budgeted

127,600 6,200 4,000
--0-- 2,000 1,300 2,600
--0-- --0-- 143,700 --0--
6

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 __________.-- ,,._.__..___.___.___.___.__..__-$ Other Contractual Expense __________.____.___,,__,,_.$

1,739,958 109,650 20,575 --0-- 69,950 9,950 35,750 437,249 300,000

Section 30. Department of Natural Resources. Budget Unit: Department of Natural Resources-_.. $ 30,727,438

1. Internal Administration Budget:
Personal Services .._______.-_._.._._______.. _____ _________ $ Regular Operating Expenses ,,.........................--_...$ Travel .-......................................................$ Motor Vehicle Equipment Purchases .......,,--.------$ Publications and Printing ----......,,_.-._.__..........,,..--.$ Equipment Purchases .._.,,...-......_...............__......,,......$ Per Diem and Fees .....,,.-................_..............,,._._,,.$ Computer Charges ...........--.--....-.........-.-__._...__..-.......$ Other Contractual Expense --....._..................._..--.$ Total Funds Budgeted ............................................I State Funds Budgeted .__.-..........-......-.._.._._._..,,...._....$ Total Positions Budgeted

948,702 197,557 11,282
4,700 70,000 11,665 30,600 140,380 --0-- 1,414,886 1,414,886
74

2. Public Relations and Information Budget:
Personal Services ........_....--....-...................,,_.__..-_._...$ Regular Operating Expenses ----_,,--,,,,--.--___-----.$

322,000 66,725

THURSDAY, MARCH 20, 1975

3463

Travel --.------------------------------------- $ Motor Vehicle Equipment Purchases ------------ $ Publications and Printing _--------------------$ Equipment Purchases -------------------------- $ Per Diem and Fees ---- ------------ ------ $ Computer Charges ------ .....------...._____..--....----.$ Other Contractual Expense ---------- --------...$ Total Funds Budgeted ------------------.------------$ State Funds Budgeted ------ .---- --------------$ Total Positions Budgeted

6,500 12,300 250,000 15,500 13',000
500 --0-- 686,525 686,525
25

3. Planning and Research Budget:
Personal Services ---------------------------- -- . $ Regular Operating Expenses -------------------- $ Travel ------------ --------.------------------------ $ Motor Vehicle Equipment Purchases ---------- $ Publications and Printing ---------------------- $ Equipment Purchases ---------- ------ -------- $ Per Diem and Fees -- ------------------$ Computer Charges ........ ----.. ----------------$ Other Contractual Expense -- ..-------------- $ Land and Water Conservation Grants ......--.___.__. $ Recreation Grants ....... -------- ---------------.---- $ Total Funds Budgeted ------------------ .$ State Funds Budgeted _----...._.--_._.....__.__--__....,,_.. $ Total Positions Budgeted

939,977 90,787 69,500
5,000 75,200 11,200 99,620 3,000 108,909 3,600,000 300,000 5,303,143 1,479,330
67

4. Personal Services ------.---------- --.---------- $ Regular Operating Expenses -------------------- $ Travel ..------------------.------------.---- ...$ Motor Vehicle Equipment Purchases ------------ $ Publications and Printing ------------------------ $ Equipment Purchases ----------------------------$ Per Diem and Fees --------------------------.$ Computer Charges ----------------------------$ Other Contractual Expense ------------------------$ Total Funds Budgeted ---- ._.......__...._.___._._ $ State Funds Budgeted .................. ..__.------.___----$ Total Positions Budgeted
5. Game Management Budget:
Personal Services --------------.--------------------$ Regular Operating Expenses _--,,_----_.....____----_..$ Travel ....------....----_--------------------- $ Motor Vehicle Equipment Purchases ----.------ $ Publications and Printing ----------_------------ $ Equipment Purchases --........._......_.._._.........._.._._.--$ Per Diem and Fees ---------- .---------- .......$ Computer Charges ........__...._.........._...._.................... $ Other Contractual Expense --_---..........__-......_........$ Capital Outlay ....................--.....................................I Total Funds Budgeted ................................___..........$ State Funds Budgeted ...._._.................._............_.__...$ Total Positions Budgeted

643,385 489,945
13,500 11,700 20,000 9,200 33,000 --0-- 8,500 1,229,230 482,721
51
1,337,000 522,913 16,692 176,400 15,000 29,800 3,500 6,500 19,267 25,000
2,152,072 1,200,453
110

8464

JOURNAL OF THE HOUSE,

6. Fisheries Management Budget:

Personal Services .......................................$

Regular Operating Expenses -__-______.___..._--.--_--.--.$

Travel __..__.._......._.................................. .....$

Motor Vehicle Equipment Purchases ....................$

Publications and Printing ............. .......,,..$

Equipment Purchases _______._____.__....____....._...._........._...$

Per Diem and Fees ..................... ....^

Computer Charges .......--,,-.,,,,--.$

Other Contractual Expense ........--...$

Capital Outlay ................. 4

Total Funds Budgeted ..................

.....^

State Funds Budgeted ............

^

Total Positions Budgeted

1,401,923 578,590 33,500 104,900 10,500 101,325 3,000 3,125 36,000 269,000
2,541,863 2,041,448
110

7. Law Enforcement Budget:
Personal Services ............$ Regular Operating Expenses ....................................I Travel ...................................... ...............................$ Motor Vehicle Equipment Purchases __..__..___......_..$ Publications and Printing .._............._......._...._$ Equipment Purchases ..........................................--...^ Per Diem and Fees .......................... ......^ Computer Charges ..............................$ Other Contractual Expense ...... .................$ State of Georgia General
Obligation Debt Sinking Fund ............................I Total Funds Budgeted ............_..............$ State Funds Budgeted .......................... .^ Total Positions Budgeted

3,136,614 873,650 52,600 162,500 29,400 157,688 26,080 --0-- --0--
27,000 4,465,532 4,283,848
244

8. Project Evaluation Budget:
Personal Services ....._._...... ... --.--,,-.-.$ Regular Operating Expenses .......................... ...$ Travel __.._..__...___....._.....------.$ Motor Vehicle Equipment Purchases ....--.--.--.,,..$ Publications and Printing ...........$ Equipment Purchases ................................. ...............$ Per Diem and Fees __...._.....__.._.......__.._....._.....__.._._..__.$ Computer Charges ..................................... ............^ Other Contractual Expense ................... .....^ Total Funds Budgeted ............................$ State Funds Budgeted .......................................... ^ Total Positions Budgeted
9. Coastal Marshlands Protection Budget:
Personal Services ....................$ Regular Operating Expenses ........................--.--.....^ Travel .........................................__................................$ Motor Vehicle Equipment Purchases .._._.......__,,_...$ Publications and Printing ....................................^

68,600 12,025 2,645 4,100
300 1,600 --0-- -- 0-- --0-- 89,270 89,270
4
33,600 6,875 2,500 3,500
650

THURSDAY, MARCH 20, 1975
Equipment Purchases ----.......--.------...----..^ Per Diem and Pees -......._...,,..._._._.....__-.....___-_...._.--.$ Computer Charges -------.--- .... ---.----$ Other Contractual Expense --.______----__-__,,--_--_-- $ Total Funds Budgeted .._.........____....._..........___........... $ State Funds Budgeted ................ $ Total Positions Budgeted

3465
1,065 2,640 -- 0-- --0-- 50,830 50,830
2

10. Parks and Historic Sites Operations Budget:

Personal Services .-- ....... ...........---- $

Regular Operating Expenses -_..._..._._!_.....-,,......-.$

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

Motor Vehicle Equipment Purchases ........-.._.-.....$

Publications and Printing ........................................I

Equipment Purchases ..... .....

...^

Per Diem and Fees ..__.....__..-......._......__-.........__._....__.$

Computer Charges ,,.----__._--..--___.--.-,,._.-----._.--.-- $

Other Contractual Expense -.--__....-- $

Capital Outlay ...... ..... ......--------..$

Authority Lease Rentals .__._____.._,,_____.._..__.._._..____.___ $

Total Funds Budgeted _.____._. $

State Funds Budgeted _-..,,.,, ........... $

Total Positions Budgeted

3,978,000 2,238,698
51,000 228,600 16,000 267,890 24,500 --0-- 20,000 407,500 2,526,000 9,758,188 7,858,188
330

11. Geologic and Water Resources Research Budget:
Personal Services ....____........_..........___.....__..___......_..... $ Regular Operating Expenses -._._--.--____,,--,,.____,,__- $ Travel .._.____..-._._._._...-$ Motor Vehicle Equipment Purchases __..........___.....$ Publications and Printing _,,_.._.,,__.___,,_____.._._____._,,,,_.$ Equipment Purchases -._,,.........____..-...__-....___......_..--.$ Per Diem and Fees .---- ...----....... -- $ Computer Charges ....---._.....--..--.---..-...----_.._.----$ Other Contractual Expense .._._.......__.._..__........_._.... $ Contract with U.S. Geological
Survey for Ground Water Resources Survey _..........._.......__......_._._._.....___....._.$ Topographic Mapping United States Geological Survey ___.___.___.___.___._...-__._______$ Total Funds Budgeted .._._._...... _......._..__..,,.___.......-_ $ State Funds Budgeted -......--------..----.....--..$ Total Positions Budgeted

507,608 76,484 25,500 27,600 26,000 30,200 2,500 --0-- 30,000
202,000
1,050,000 1,977,892 1,707,892
3'4

12. Water Supply Budget:
Personal Services _____,,__-_--_---__.----_,,.----_----- $ Regular Operating Expenses ..-- ........-----^ Travel ..,,._.......,,.___..____...._._____.....___....._........_......-..... $ Motor Vehicle Equipment Purchases ____________,,--_- $ Publications and Printing .,,_........__......,,,,..,,___....__,, $ Equipment Purchases --...... -----.------....^

498,183 42,741 27,459
--0-- 6,000 23,077

3466

JOURNAL OF THE HOUSE,

Per Diem and Fees -- .,,_,,.-..-,,_,,.,,--._._._._--...----_....$ Computer Charges ....................................$ Other Contractual Expense ______.________.______..___.___.,,___.$ Fluoridation Grants -.-....._......-..-..........-.-_...--_...$ Total Funds Budgeted .__.-..._._.__..___.__.._-__-__.--_... $ State Funds Budgeted ..........................$ Total Positions Budgeted

--0-- 10,000
--0-- 250,000 857,460 857,460
34

13. Water Quality Budget:
Personal Services .._.-_......_.-.........-..........._.._.....--- $ Regular Operating Expenses __._.____._._._.,,_____.--.__...$ Travel __._.._...,,.._......- $ Motor Vehicle Equipment Purchases ________._.._____.? Publications and Printing ......................$ Equipment Purchases .............................. ^ Per Diem and Fees ..................$ Computer Charges ............................ ^ Other Contractual Expense _________....________..__.._..___...$ Water and Sewer Grants.....-.........._.._..---._--....$ Total Funds Budgeted ...... ...............$ State Funds Budgeted ............................$ Total Positions Budgeted

1,519,000 96,095 43,800 20,000 32,000 54,540 3,800 105,500 437,500
2,000,000 4,312,235
3,062,235 104

14. Air Quality Budget:
Personal Services ..................... ......^. .........$ Regular Operating Expenses _...----..._-....--_,,_,,-..$ Travel ... .-,,-_.-...-_ ... $ Motor Vehicle Equipment Purchases .--........--.-- $ Publications and Printing .......................... ^ Equipment Purchases .................................$ Per Diem and Fees .......................... ..^ Computer Charges ................................$ Other Contractual Expense .._..__.---__.._..--_--.__,,.--____$ Total Funds Budgeted .._..-- ....... ...... _...-.$ State Funds Budgeted ........................$ Total Positions Budgeted

1,132,000 86',809 54,300 6,000 3,000 28,000
500 58,700 9,500 1,378,809 828,309
74

15. 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 .....................................$ Other Contractual Expense --,,_-.--.__._._,,-.__--_--..._.$ Solid Waste Grants ._.........__.......,,......._._........__.........$ Total Funds Budgeted ..__......_.....,,...._._......._........._...$ State Funds Budgeted .............................$ Total Positions Budgeted

573,711 27,198 31,180 --0-- 6,500 6,000
1,500
-- 0--
--0--
2,000,000
2,646,089
2,646,089
35

THURSDAY, MARCH 20, 1975
16. Land Reclamation Budget:
Personal Services ____--.___.___________._.______-._._,,----..______.$ Regular Operating Expenses ....----..__.,,_.--.--_--...$ Travel _._.____..._._.-,,.____.._.._...__.___..._._______..___.______.__-____._._. $ Motor Vehicle Equipment Purchases --.--.--...,,-- $ Publications and Printing ___,,__.___._________________..____,,.$ Equipment Purchases -._._..._,,.....,,_-..-..-.._,,--...---.,,.-$ Per Diem and Fees _._.,,_,,.______..______-___,,__.____,,-._____.$ Computer Charges ___._.._,,_.____,,__.-.,,_._,,.______$ Other Contractual Expense ,,-_._._.----..__.--.----_--.$ Total Funds Budgeted ._-._.,,-..-__.-.........,._........._-...__.$ State Funds Budgeted . .___._..,,.....-..,,_._-...._.__-.....__$ Total Positions Budgeted

3467
154,874 25,205 9,775 14,000
1,500 1,600 2,000 34,500 --0-- 243,454 243,454
9

17. Heritage Trust Budget:
Capital Outlay ---_..,,...,- ... $ State of Georgia General
Obligation Debt Sinking Fund ..........................I Total Funds Budgeted _____._..,,___._._._,,_.______._______,,___. $ State Funds Budgeted _._..,,....._._._._._._...,._...,,.._._.,,.....$ Total Positions Budgeted

590,000
302,000 892,000 892,000
0

18. Lake Lanier Islands Development Authority Budget:
Payments to Lake Lanier Islands Development Authority for Operations and Construction
Capital Outlay .........__.......,,..._._._,,... Total Funds Budgeted __...._......_..__. State Funds Budgeted --.....--.,,..,,... Total Positions Budgeted

19. Jekyll Island State Park Authority:

State of Georgia General

Obligation Debt Sinking Fund

Total Funds Budgeted ............_._..._.

State Funds Budgeted

_.

Total Positions Budgeted

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 --.-.-.-----._....--.-...._.. Other Contractual Expense .........__.......

500,000 52,500
552,500 552,500
0
350,000 350,000 350,000
0
17,195,177 5,432,247
451,733 781,300 562,050 750,350 246,240 362,205 669,676

3468

JOURNAL OP THE HOUSE,

Land and Water Conservation Grants _....._.._...... $ Recreation Grants .----_-----_....---......----_,,....--_.,,. $ Fluoridation Grants --.....-..-....-...-._..,,...._.__,,--.......$ Water and Sewer Grants .-..__..-..-.__,,...._..-.._,,.--..__.$ Solid Waste Grants _..___.,,_.___.__.,,______._._..__..__..__.____._$ Contract with U. S. Geological
Survey for Ground Water Resources Survey -....,,.__.,,...-._..._._.._.--._.._.........__.$ Contract with U. S. Geological Survey for Topographic Maps --,,...--.--.------...$ Payments to Lake Lanier Islands Development Authority for Operations and Construction .--___--,,..___--.__--.$ Capital Outlay ___._______..__._.___.___.__.____._.__,,._.____._,,________.$ Authority Lease rentals ._......._........_._........._..._--......$ State of Georgia General Obligation Debt Sinking Fund -.........--......--......I Payments to Lake Lanier Islands Development Authority --.-____.--__.__,,--,,.____--.___.__$

3,600,000 300,000 250,000
2,000,000 2,000,000
202,000
1,050,000
--0-- 1,344,000 2,526,000
679,000
500,000

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

Provided, however, that none of the above ap propriation for Water and Sewer Grants shall be al lotted to any county or municipality unless such county or municipality shall have reached its legally estab lished bonding capacity. Provided, further, that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.

Provided, that of the above appropriation to the Planning and Research Budget, $21,000 is designated and committed to the Georgia Special Olympics Program.

Provided, that of the above appropriation to the Parks and Historic Sites Budget, $60,000 is designated and committed for camping for the Mentally Retarded.

Provided, that of the above appropriation relative to Capital Outlay, $100,000 is designated and com mitted for restoration of the General Robert Toombs Home in Washington, Georgia.

Provided, that of the above appropriation relative to Parks and Historic Sites, $100,000 in Grants is desig nated and committed for renovation of the 4-H Club property and adjacent property acquired for park and recreation purposes. Provided further that these funds shall be matched with local and Federal funds.

THURSDAY, MARCH 20, 1975
Provided, that of the above appropriation relative to Capital Outlay, $60,000 is designated and committed to build and equip a pavillion at Red Top Mountain State Park.

3469

Provided, that of the above appropriation relative to Capital Outlay, $52,500 is designated and committed to Lake Lanier Islands Development Authority.

Section 31. Department of Offender Rehabilitation.
A. Budget Unit: Department of Corrections ....,,.__. $

3,834,644

1. General Administration and Support Budget:
Personal Services ...... ^ ...................$ Regular Operating Expenses __..___----_--__-_-----_._$ Travel ___.,,_______._____._...._._____.__._______.__,,____________.._,,____.___. $ Motor Vehicle Equipment Purchases _____._._..--___-._ $ Publications and Printing ----.._________-_.___.____--_.._____$ Equipment Purchases -___..-_-----.__...----........ ________ $ Per Diem and Pees i ..........................$ Computer Charges ___.__.__.__________.______.,,_.____$ Other Contractual Expense __._.__.___________.._____-__._..,,_ $ Total Funds Budgeted .............................................I State Funds Budgeted ___..__._..._........._.__...__..______._...__. $ Total Positions Budgeted

2,506,447 548,066 85,000 4,900 45,500 41,776 37,820 200,917 57,500
3,527,926 3,527,926
191

2. Construction, Maintenance, and Special Projects Budget:
Personal Services _____._.____,___,,_.,,_,,_..___ $ Regular Operating Expenses -..__,,-_--_____--______$ Travel _.___.____-.___.___.____.______.___.__.._-____._______________..___,,._____.$ Motor Vehicle Equipment Purchases ___________________ $ Publications and Printing ........................................I Equipment Purchases -_,,__-_--.-_.__________-___,,_____--..____,,.$ Per Diem and Fees ___.__........._--_____.__ ____._.,,___ $ Computer Charges ,,_._______.--.-..___._-____-_.____-__--_.______.$ Other Contractual Expense ___.___._______.'-_____.___.___..____.$ Total Funds Budgeted ...............................$ State Funds Budgeted _._.___.__._______....____..___.__.._..._._.__. $ Total Positions Budgeted

184,418 45,300 20,000
4,000 1,000 --0-- 40,000 --0-- 12,000 306,718 306,718
11

Budget Unit Object Classes:
Personal Services ____-____-,,._-__-______.__,,_--__._-__--,,..__ $ Regular Operating Expenses _____________ ____._____.$ Travel .......................... $ Motor Vehicle Equipment Purchases .._._____-_--.____ $ Publications and Printing ___.--._______._____._____._.___.______. $ Equipment Purchases _--_--_-..___--_--_._..__,,_._._____.____$

2,690,865 593,366 105,000 8,900 46,500 41,776

3470

JOURNAL OF THE HOUSE,

Per Diem and Pees ....................................... ^ Computer Charges ............................................. ^ Other Contractual Expense __.,,,,.__......,,......__.,,......._.$

77,820 200,917 69,500

B. Budget Unit: Correctional Institutions ........__.._.......$ 39,481,082

1. Georgia Training and Development Center Budget:

Personal Services .................................... $

Regular Operating Expenses ........................$

Travel ............

$

Motor Vehicle Equipment Purchases .....___--.........$

Publications and Printing .-______--________.--._,,._----_..$

Equipment Purchases ......-._._......-_........._______._._._....._.$

Per Diem and Fees ......_..,,_....._._......,,.._........_.....___.___.$

Computer Charges ---,,..---.._-.,,----._--------------$

Other Contractual Expense .____,,.______ .......................$

Total Funds Budgeted ___.______..._..__.___.._._.___.___.___.._...$

State Funds Budgeted ............$

Total Positions Budgeted

922,601 452,393
1,950 22,500
125 35,860 19,000 --0-- --0-- 1,454,429 1,122,629
83

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 .___-,,,,__--.........--__.......--_..._..,,.._.$ Other Contractual Expense ......................................$ Capital Outlay ..^.. ................... ___._.......__,,........$ Total Funds Budgeted ....._.._........._......_...-_.........,.......| State Funds Budgeted ........ .^.....................4 Total Positions Budgeted

2,498,800 1,422,075
8,400 66,000
673 90,075 22,000 --0-- --0-- 40,000 4,148,023 4,136,023
227

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 ...................................$
Other Contractual Expense ............................. ^
Authority Lease Rentals .......................$
Total Funds Budgeted ................................................I
State Funds Budgeted ___..__._______,,______________.___,,_,,_____.$
Total Positions Budgeted

2,582,238 1,111,100
4,000 34,700
1,000 83,525 49,875 --0--
--0--
640,000
4,506,438
4,504,638
246

THURSDAY, MARCH 20, 1975

3471

4. Georgia State Prison Budget:
Personal Services .............. --.._---._--.---.$ Regular Operating Expenses ____._,,___,,_____--,,_.__.$ Travel _............._. ._..... _-....--..-. $ Motor Vehicle Equipment Purchases .__.......,, $ Publications and Printing .__.__.-_-..._-_,,,,.-____--_._____--.$ Equipment Purchases -- ......-._.----.--.,,.-,,----$ Per Diem and Pees .....__...._._,,. .....,,..$ Computer Charges .._._...._.,, ..... --.._--------.$ Other Contractual Expense ......--..............._._.-- $ Total Funds Budgeted ..................--.. $ State Funds Budgeted .....-.....-..,,- $ Total Positions Budgeted

5,061,281 3,048,960
6,000 88,000 1,600" 146,000 88,000 --0-- --0-- 8,439,841 8,304,841
460

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 ..--.----_ ----_.,,,,----- $

Other Contractual Expense ...... ..--------$

Total Funds Budgeted .....___...__,,._.... $

State Funds Budgeted ........_.......__.,,...._........._._.....__.$

Total Positions Budgeted

3,654,400 2,174,700
15,700 55,000
2,560 243,000 124,000 --0>-- --0-- 6,269,360 5,897,360
346

6. Montgomery Correctional Institution Budget:

Personal Services _......._......_....__. $

Regular Operating Expenses _.._--._...--.,,..___...._.$

Travel __.._..._._...,,._..._.,,...___.___.._...._.....,,_._._....._._.........,,_.$

Motor Vehicle Equipment Purchases _....,,._.--.-- $

Publications and Printing __......._.--.....___._-.......__....$

Equipment Purchases --._.....---_...-.....-__....----.......--.$

Per Diem and Fees ___.....___.__......_....-......__........._._.....$

Computer Charges .._.___._.___..__..,,...._.._....__...._.....__.___.$

Other Contractual Expense ._..--..-- .__._...-..___....,,,,.$

Authority Lease Rentals ....__........-__-..._.._.,,......_._...$

Total Funds Budgeted __............_.._..._._.........__.__......_$

State Funds Budgeted ... ..^, .. .

$

Total Positions Budgeted

640,000 352,000
3,550 9,000
350 27,800 9,800 --0-- --0-- 100,000 1,142,500 1,124,500
60

7. Walker Correctional Institution Budget:
Personal Services .......................................................I Regular Operating Expenses ,,.._...._..-....._.....,,...._- $ Travel .................,,.__..........__..___...,,___.,,....__....,,...,,..,,.... $ Motor Vehicle Equipment Purchases --.--.--.--._. $ Publications and Printing ....-...___.....__.___.-..._._........ $ Equipment Purchases ........_._.........,,_......,,........._...... $ Per Diem and Fees -..--........,,._..__.............--.,,......_-_$ Computer Charges _----.___.--._------...._-...,, .,,....$

598,000 376,000
2,450 15,000
425 32,800 10,500 --0--

3472

JOURNAL OP THE HOUSE,

Other Contractual Expense -_-----_--_----__--------$ Authority Lease Rentals .__.__........_..__._............___.......$ Total Funds Budgeted _......._..._..,,.....__.-__....._.--_._.$ State Funds Budgeted ...._..._..._....__.__.__...........__.__..$ Total Positions Budgeted

--0-- 100,000 1,135,175 1,135,175
59

8. Kemper Correctional Institution Budget:
Personal Services ......_.,,.........._,,...........__..........._.._..$ Regular Operating Expenses ..,,.._.__....,,...._.._...___,,__.$ Travel ....... ,,-.---$ Motor Vehicle Equipment Purchases ----_..........._.$ Publications and Printing _.......___.__..___,,....._.___-_.......$ Equipment Purchases ___,,_.________._.__________--.--___---- .$ Per Diem and Fees ....._.._-......._.___-....__...-._..._........__.$ Computer Charges _....._.-..._.._...--..___._.......__.___,,--....$ Other Contractual Expense -._,,...__.._...--...-....--.--.$ Total Funds Budgeted .._........._-_........-.____...-...-.-$ State Funds Budgeted ,,......__..........__..........__.._._._._...$ Total Positions Budgeted

500,000 416,000
2,500 7,500
300 10,000 10,000 --0-- --0-- 946,300 946,300
58

9. Georgia Women's Correctional Institution Budget:
Personal Services ._.._.......-__._-..-..___._..._,,...-._._....-_-.$ Regular Operating Expenses .___-._.--__---.._._______----.$ Travel ___,,_.__....__.-_._.,,_.. ..._,,_,, ._._...,,._. ....... $ Motor Vehicle Equipment Purchases _,,.-_____.--._._.$ Publications and Printing ........_._...........-_._........._._...$ Equipment Purchases __.________._._.._.____._,,.__.________._______.$ Per Diem and Fees .....-_...-......._..__....-._.,,............_.._..$ Computer Charges --._....----...------....-.----......----.$ Other Contractual Expense ............___..-...........-.-.$ Total Funds Budgeted ......_._....... .._._........._....,,.......$ State Funds Budgeted ..............................................I Total Positions Budgeted

841,350 217,150
2,000 21,500
400 25,500 4,100 --0-- 2,500 1,114,500 1,114,500
104

10. Ingram Correctional Institution Budget:
Personal Services .-,,._.....-__-....-_.-.....-_.-...-__..$ Regular Operating Expenses ...._._..._._.._.-.....,,......$ Travel .......,,-...._...........___...-....-_.-_........_._.....-.-...............$ Motor Vehicle Equipment Purchases _--,,...___.----.$ Publications and Printing ...._....-..,,_.__...-...-__._...--.._.$ Equipment Purchases __......._.._......._........_..___......._.._..$ Per Diem and Fees ...-.-_.,,..-........._-..-...___....._.._..,,......$ Computer Charges ,,.-...----......-----.....----.-..--.--.$ Other Contractual Expense .....,,.....__..__..........__......$ Total Funds Budgeted .............._..__....._......._....._.__.__.$ State Funds Budgeted _..-..-_..._..._........_-._.._._.,_.._..$ Total Positions Budgeted
11. West Georgia Community Correctional Institution Budget:
Personal Services ___.___.-_,,_____________._____.__,,,,__._____.--$

355,000 305,000
2,000 20,000
225 10,000 7,500 --0-- --0-- 699,725 699,725
58
650,000

THURSDAY, MARCH 20, 1975

3473

Regular Operating Expenses ______..______.____________________$ Travel ._..___....._........_-_..-.- $ Motor Vehicle Equipment Purchases ___________ _______ $ Publications and Printing _,,_..,,_._-______- $ Equipment Purchases _______.,,_-_._ $ Per Diem and Fees ____,,_____________________....______:__________,,_$ Computer Charges ........__.,,_...,,.,,._.,,....___.._....,,_....--.$ Other Contractual Expense .........__....___...._..--._..--.$ Total Funds Budgeted _________....__..._____._____..___..____._$ State Funds Budgeted ________________ _______________..___-$ Total Positions Budgeted

497,000 4,000 30,000 1,000
600,000 18,000 --0-- --0-- 1,800,000 1,800,000
150

12. Glynco Correctional Institution Budget:

Personal Services ,,...____,,_,,_._,, $

Regular Operating Expenses -_.------ ___________ $

Travel .

.

..

$

Motor Vehicle Equipment Purchases ..................if

Publications and Printing _________________ _____________$

Equipment Purchases --------..------_$

Per Diem and Fees ______________________________________$

Computer Charges _ ,,

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

Other Contractual Expense __________ _______ _.-_____,,..-. $

Capital Outlay -.--.,,,,.._ 1_.. $

Total Funds Budgeted

,,._._._. $

State Funds Budgeted ________...____._________________.._$

Total Positions Budgeted

1,100,000 400,000
6,000 40,000
500 35,000 20,000
--0-- --0-- 1,500,000 3,101,500 3,101,500
200

Provided, that of the above appropriation, $3,101,500 is designated and committed for Glynco Correctional Institution. Provided, further, that these funds shall only be available for expenditure upon said facility and real estate being transferred and deeded to the State at no cost to the State or upon approval for expendi ture for another project by the Fiscal Affairs Subcom mittees of the House of Representatives and the Senate.
13. Work Release Center Budget:
Personal Services ____.-- ._.. Regular Operating Expenses ______ ..... Travel .____.__,____.--_....._-..___-_--.-_--._----__.... Motor Vehicle Equipment Purchases Publications and Printing ............__ .... Equipment Purchases _.____.. ___.._____._____.,, Per Diem and Fees _......__........__,,........ Computer Charges ,,..__.........,,_... ______ _ Other Contractual Expense _____ .___ Total Funds Budgeted ____-_.__State Funds Budgeted .-..._.......-.. Total Positions Budgeted
14. Andromeda Center Budget:
Personal Services _-.--------.

172,000 154,000
2,200 5,000
211 5,492 8,500 --0-- _0--
347,403 347,403
16
31,000

8474

JOURNAL OF THE HOUSE,

Regular Operating Expenses .....................^
Travel---_-_---_-__--_____--__..-.---__.__--__.,,--$ Motor Vehicle Equipment Purchases __,,--_...__--__$ Publications and Printing ...................... .....^ Equipment Purchases ..................... ............^ Per Diem and Fees __~--..-..-_----.-----_-.-.-----_---___$ Computer Charges _,,--.-_____--._.-___--...-..-_----.-.-.---...f Other Contractual Expense .---------.----------$ Total Funds Budgeted ..........................$
State Funds Budgeted ................ .........^

--0-- --0-- --0-- --0-- --0--
31,000
31,000

15. Impact Centers Budget:
Personal Services __,,._____.__..____..___._..__________....:._______...$ Regular Operating Expenses .........................$ Travel _...________.__....____-.._.._..._____.....-___......-_-__-____._._...---$ Motor Vehicle Equipment Purchases _._,,,,--..._---$ Publications and Printing _-.---___-.-.--_.___,,--.._--.--~$ Equipment Purchases .________....._______....._.____.--....._,,-_--$ Per Diem and Fees __.-.--______-.-..-.-___----____-__---..__---$ Computer Charges .............. ..................$ Other Contractual Expense ._.____,,...-...__.--.--.._.--_.$ Total Funds Budgeted _..........._._._.........__..__............-_$ State Funds Budgeted _..____.._._____..._-._____..._..___.$

98,488
--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
98,488 98,488

16. Talmadge Memorial Hospital Unit Budget:
Personal Services ......................... ^ Regular Operating Expenses ._....,,___.__....._.___.___.....$ Travel ............. ..^ Motor Vehicle Equipment Purchases _,,_--..______--..$ Publications and Printing ......_____......__._...--.-...___.--.$ Equipment Purchases ------.------------------------$ Per Diem and Fees ._----..-.-__--......_--......__--__-.--.--_$ Computer Charges ........................ .......^ Other Contractual Expense -.---_.._,,.-.-.____._,,.-..._.--.$ Total Funds Budgeted .... ......__.__..._....____._......$ State Funds Budgeted _._.._......__.........._.._..._......_.._...$ Total Positions Budgeted
17. Food Processing and Distribution Unit Budget:
Personal Services ............................^ Regular Operating Expenses ...................... -.^ Travel ......_____....._______.._..___...........__.........._____...____.. $ Motor Vehicle Equipment Purchases -._.--.--...._--.$ Publications and Printing .,,_.._......._.____....._..___.....--_$ Equipment Purchases ............................$ Per Diem and Fees ----------.--. ....---------.--.--$ Computer Charges ........._..,,....___.__..--.__.____.-......_.__....$ Other Contractual Expense ................$ Total Funds Budgeted ......................$ State Funds Budgeted .......................$ Total Positions Budgeted

185,000 45,000
1,500 --0-- --0-- --0-- --0-- --0-- --0-- 231,500 231,500
20
49,000 10,000
1,500 --0-- --0-- --0-- --0-- --0-- --0--
60,500 60,500
7

THURSDAY, MARCH 20, 1975

S475

18. Court Costs, Overtime, and Inmate Release Funds Budget:
Personal Services--Overtime _..,,.__..._.,,..___.....--..._.$ Regular Operating Expenses ..,,--___ . -- -------__$ Travel ............................. ..^ Motor Vehicle Equipment Purchases __,,.__._.--____.$ Publications and Printing ___________--,,___----_,,_..--__.__$ Equipment Purchases ___......__.__.,,__.._..___._._,,_.___,,-____..$ Per Diem and Fees _.____.._..______..______..____._.,,_.__.___ __.,,.$ Court Costs .___....___._.._._.__...._.__...___....._-......-__-......_-...$ County Subsidy ......................... .^ Computer Charges __...,,.-.__._...._._....--.--,,--.------.--.$ Other Contractual Expense __....____..,,____.-.,,__..-_--...--$ Inmate Release Fund ,,._-._..-..._....-.._....._____.-__.--___...$ Total Funds Budgeted ._...._._...._____......_.....__.....___....__.$ State Funds Budgeted ..............................................^ Total Positions Budgeted

50,000 --0-- --0-- --0-- --0-- --0-- --0-- 110,000 3,285,000 --0-- --0-- 383,000 3,828,000 3,828,000
0

19. Pre-release Centers Budget:
Personal Services -----.---,,.--$ Regular Operating Expenses _____,,___.__.--__._.--------$ Travel ---------.---:- $ Motor Vehicle Equipment Purchases _......____....___..$ Publications and Printing _,,..___,,...____....___.....____....__.$ Equipment Purchases __._______-.____,,-_____,,--_____---_._--$ Per Diem and Fees __..._____...__._...._.__.-.-_._-..._.__.....__..? Computer Charges ._.--.__....,,____....,,.._...--_..._----._- $ Other Contractual Expense ............. ..^, Total Funds Budgeted ..............................................^ State Funds Budgeted _______...__._.._._.__.. ._.-........_...__..$ Total Positions Budgeted

534,000 263,550
9,000 15,000
1,000 159,450 12,000 --0--
3,000 997,000 997,000
51

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 .._.___..._........__._..,,_.,,.,,_._.....--..__--.$

Other Contractual Expense ._....__........._...._...._.__..,,..$

Court Costs ......... ^

Authority Lease Rentals ...........i...........-..................^

Capital Outlay ....___.....__-......___-...._._.....___.-._....-.--.$

Inmate Release Fund ._........._....._____...._.. ..._......__...__$

County Subsidy ..........-.__....._..-..........._-.._- -____....$

20,523,158 11,244,928
72,750 429,200
10,369 1,504,502
403,275 --0--
5,500 110,000 840,000 1,540,000 383,000 3,285,000

Provided, that of the above appropriation relative to Capital Outlay, $40,000 is designated and committed for kitchen renovations . at Georgia Industrial Institu
tion.

3476

JOURNAL OF THE HOUSE,

Provided, that the Department is hereby authorized and directed to redirect $350,000 from funds available to the Georgia Building Authority (Penal) for a feed mill and hog project at Georgia State Prison and an abattoir at Georgia Industrial Institute.

C. Budget Unit: Department of Offender Rehabilitation ... . . ............ ^ 6,214,294

1. Probation and Parole Field Supervision Budget:
Personal Services ... ... .... --.--:--.-----$ Regular Operating Expenses .................... ^ Travel .................................. ..^ Motor Vehicle Equipment Purchases ___,,----_.--.-- $ Publications and Printing .__.....__._......_.___.__.......,,.___.$ Equipment Purchases ................................................$ Per Diem and Fees _.-._.- .,,,,.,,$ Computer Charges .---------------- ...... ..----.$ Other Contractual Expense .__._.__....______,,...._...__.--.$ Total Funds Budgeted .............................................4 State Funds Budgeted _.-.-._..__.__...,,..-_.___....-_._._-_-..$ Total Positions Budgeted

332,261 28,156 10,000
--0--
500 --0-- --0-- --0-- --O1-- 370,917 370,917
18

2. Probation/Parole Budget:

Personal Services _________________ ............. ...^

Regular Operating Expenses ..................................$

Travel

......... 4

Motor Vehicle Equipment Purchases ....------...--.$

Publications and Printing ............'............................$

Equipment Purchases ........... .....$

Per Diem and Fees ,.....................$

Computer Charges ___________.--,,____--________,,..--.____--$

Other Contractual Expense ............. ...^

Total Funds Budgeted ......................$

State Funds Budgeted ..............................................$

Total Positions Budgeted

4,449,047 359,010
308,000 --0--
1,742 56,328 13,250 --0-- 20,000 5,207,377 5,207,377
401

3. Treatment Centers Budget:

Personal Services ........................$ 399,942

Regular Operating Expenses ___,,....._.._,,__.--__________$ 218,614

Travel

.............................. ^ ' 8,340

Motor Vehicle Equipment Purchases ____--_____.___.$ --0--

Publications and Printing __.......___._..._____.,,...._.____...$ Equipment Purchases ........ .............--._.___.--.$

1,873 1,007

Per Diem and Fees ........................ ^

6,224

Computer Charges _,,...----. .......... _____________......_.$ --0--

Other Contractual Expense -.-..__._-..-.____.,,.-.-._____,,.$ --0--

Total Funds Budgeted .............................^ 636,000

State Funds Budgeted ....................... ........^ 636,000

Total Positions Budgeted

41

THURSDAY, MARCH 20, 1975

3477

Budget Unit Object Classes:
Personal Services . ... ..._--___....,,__.___.. ...._..___.$ Regular Operating Expenses -----__-._--____.---..__.__.$ Travel .. . . .._..,,_........ $ Motor Vehicle Equipment Purchases ___..--_---....--$ Publications and Printing ........................................^ Equipment Purchases _..._...-__.___.____.______._.._._..____...._____.$ Per Diem and Pees ___..__.____.__.____________.__________________..._.$ Computer Charges --__.__._-.--______.__-.______...-_____._-_._______.$ Other Contractual Expense ._.____..______.___.._______.....___$

5,181,250 605,780 326,340 --0-- 4,115 57,335 19,474 --0-- 20,000

D. Budget Unit: Board of Pardons and Paroles ......._.$
Board of Pardons and Paroles Budget:
Personal Services ...................................................$ Regular Operating Expenses __-._.._______..________...._____.$ Travel .................... $ Motor Vehicle Equipment Purchases ........_ _._____.$ Publications and Printing .._.___.__.._._______.____._._._....___$ Equipment Purchases ____...._._____.___....____._._____.___.___.__. $ Per Diem and Fees ....................................................^ Computer Charges ....____.........__._.-...___._..--_.___.._-._._.....$ Other Contractual Expense ......---..._..,,__...-.,,-__..,,,,$ Total Funds Budgeted _........__._....._.__........_._.....___._...$ State Funds Budgeted ......_......._..........._-_.....-_.._._.....$ Total Positions Budgeted

449,262
423,878 20,684 18,000 --0--
1,200 1,000 17,200 --0-- --0-- 481,962 449,262
25

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 ....___..._.._.....--.........--........--.----.$ Other Contractual Expense ------------.----....------$

423,878 20,684 18,000 --0--
1,200 1,000 17,200 --0-- --0--

Section 32. Department of Public Safety. Budget Unit: Department of Public Safety ... .... $ 25,297,736

1. Office of Highway Safety Budget:
Personal Services ....................................................I Regular Operating Expenses ................................i Travel ._...__._._......................._......._........_......... ....._......$ Motor Vehicle Equipment Purchases ..... .....--... .... $ Publications and Printing ._...._._......._..................... $ Equipment Purchases .....................................--.....-- $ Per Diem and Fees ............_......._............................._. $ Computer Charges ._....____......._..__....._......._._........._......$

253,847 22,600 13,000 --0--
7,000 2,000 1,000 2,000

3478

JOURNAL OP THE HOUSE,

Other Contractual Expense ________,,_.--____________._--_.__$ Total Funds Budgeted .._._____._......,_-____.--_......,,______-$ State Funds Budgeted ._,,____,,_,,____-.._______.._._______._______.$ Total Positions Budgeted

--0-- 301,447 --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 __.-,,_--___,,_______.____,,$ Other Contractual Expense _____.______________________,,____--.$ Total Funds Budgeted ,,...,,.,, ,,,,,,__,,$ State Funds Budgeted ,,.,,---,,,,,,--.$ Total Positions Budgeted

270,000 48,281 4,690
5,000 16,105 4,000 3,000 --0-- --0-- 351,076 351,076
16

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

,,__..___,,,,,,_____,,-$

Other Contractual Expense _________,,_,,.,,_--.__-___------$

Total Funds Budgeted --,,-------$

State Funds Budgeted ..-.........-._._.-___.._-......_..-_-__.$

Total Positions Budgeted

740,505 1,179,714
2,750 --0--
25,400 11,107 8,550 80,200 --0-- 2,048,226 2,048,226
68

4. Georgia State Patrol Budget:

Personal Services ......................................................I

Regular Operating Expenses ..........

,,___- $

Travel ___________________.___.________._____..______,,________..____._._______.$

Motor Vehicle Equipment Purchases -..,,..__.._..-..,,...$

Publications and Printing .._._._.._..........._..__._..,,........$

Equipment Purchases ..--_...__...-.....-_.._._._-......_._._.___.$

Per Diem and Fees ......_.____........._.__-.-..._..______.........$

Computer Charges ......_.____._....__,,_.__-.._._..._..__..-..$

Other Contractual Expense _.________---.........,,__$

Total Funds Budgeted ..............................................I

State Funds Budgeted -.... ._-. ____.._._._..............._._...$

Total Positions Budgeted

16,422,336 2,039,908
86,748 945,000 888,103 346,429 88,520 1,175,854 --0-- 21,992,898 21,927,301
1,194

5. Mandate Training--Operations Budget:

Personal Services ____.............._....____.____.__........__-__.___.$

Regular Operating Expenses __...__,,.......______............$

Travel -.....--

.......-...$

144,000 38,736
6,710

THURSDAY, MARCH 20, 1975

3479

Motor Vehicle Equipment Purchases --...._--.--.,,.$ Publications and Printing ._.________..._.__.__._____.__...______.$ Equipment Purchases -_._._.......__.__.._...__.,,...,,_..__....___.$ Per Diem and Fees .,,,, ,,__,,,,,,. ,,_,,.$ Computer Charges ---_,,--_.._.__,,......____,,...._______......__.$ Other Contractual Expense __.___--.._-....__--.,,--__,,-- $ Total Funds Budgeted _.___.____._____.___.______..___.______.____..$ State Funds Budgeted ......_-_.....,,_..._...__._.-..._.___._.....$ Total Positions Budgeted

7,300 1,623 33,495 --0-- --0-- --0-- 231,864 231,864
11

6. Police Academy:

Personal Services _________________________ ___..,,_____,,.______,,___.$

Regular Operating Expenses ._-._.._.._...__.._...._..__.__..$

Travel .._.._._._.._$

Motor Vehicle Equipment Purchases ,,_._----___.._--$

Publications and Printing _.____......._.._....-__._....-...____..$

Equipment Purchases .__.._-.___.__---_-_....--_._.._.-.-_____._._$

Per Diem and Fees _....._.._......__._._...._._._......_._.__...,,._._.$

Computer Charges ..-----...---._.........__.-.---__._....-._____...$

Other Contractual Expense ........_.....___.__..._..___..._..__.$

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

Total Funds Budgeted ....._._........._-......_._......._._.....___.$

State Funds Budgeted - . . --

... $

Total Positions Budgeted

300,680 69,908
5,706 --0--
6,980 23,500 47,000 --0-- --0-- 370,000 823,769 739,269
18

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 ......_........__........._....__.-...._...-_._--$ Other Contractual Expense .._....-.-._._...--_.......--.._----$ Capital Outlay ........................................................I

18,131,368 3,399,142
119,604 957,300 945,211 420,531 148,070 1,258,054 --0-- 370,000

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 Asso ciation of Motor Vehicle Administrators, and the Inter national Association of Chiefs of Police (State and
Provincial Police).

Provided, that of the above appropriation, $370,000 is designated and committed to renovate and re-roof the Georgia Police Academy.

Section 33. Public School Employees' Retirement System.

Budget Unit: Public School Employees'

Retirement System ......--.......--..------

..$

8,415,180

3480

JOURNAL OP THE HOUSE,

Departmental Operations Budget:
Payments to Employees' Retirement System ._.--.$ Employer Contributions _._.._.._..........._.__.__.___.,,......___.$ Total Funds Budgeted ..... ... .....$ State Funds Budgeted .....................$

137,000 8,278,180 8,415,180 8,415,180

Budget Unit Object Classes:
Payments to Employees' Retirement System _--.$ Employer Contributions ..........................................^

137,000 8,278,180

Section 34. Public Service Commission. Budget Unit: Public Service Commission ................$ 2,331,260

1. Administration Budget:
Personal Services ......... .--...$ Regular Operating Expenses ____,,_--________________._..--.$ Travel _____________ ...........................................................^ Motor Vehicle Equipment Purchases ------_,,_--__--$ Publications and Printing ..,,__..___..,,.........________.__.....$ Equipment Purchases ____________.______.___________________,,_,,___$ Per Diem and Fees --____--____.__.__..-......-,,._______._,,--$ Computer Charges .--.....-.._.._.--.........................^ Other Contractual Expense .......................................^ Total Funds Budgeted ..............................................^ State Funds Budgeted ........................................^....^ Total Positions Budgeted

516,920 30,907
7,500
--0-- 1,500 2,300
--0-- --0-- --0-- 559,127
559,127
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 ,,---.......,,...._._._.------....,,..._._._,,--$

Other Contractual Expense ........___------,,._..........-- $

Total Funds Budgeted ............_...__......._........_._._._-_.$

State Funds Budgeted .__._._........-__..____..__-..........__..__.$

Total Positions Budgeted

551,972 99,966 35,000 3,500 9,700 6,000 3,000 --0-- --0-- 709,138 709,138
44

3. Utilities Budget:
Personal Services ..-.......................--...--..........--..---I Regular Operating Expenses ,,.._,,------------------$ Travel .......... ^$ Motor Vehicle Equipment Purchases ................--.$ Publications and Printing ....._..._...__._._.___..,,.............$ Equipment Purchases ............... ..........^ Per Diem and Fees ......................$ Computer Charges ___-_.__._...__.___,,_....,,..._._____,,.._.......--$

805,316 105,005 43,500 --0--
9,000
34,000 104,850 --0--

THURSDAY, MARCH 20, 1975

3481

Other Contractual Expense _,,___.._._.__________--____.______.__$ Total Funds Budgeted .__..._____._.__..__-_..-__..._...__-..-_..$ State Funds Budgeted _..___.___ ._._......____._.._.._.___.-_$ Total Positions Budgeted

--0-- 1,101,671 1,062,995
56

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 ._...._.__..._.-._..,,....__..---_--.-.--.,,--_..$ Other Contractual Expense _____ _____________________ ____.,,___$

1,874,208 235,878 86,000 3,500 20,200 42,300 107,850 --0-- --0--

Section 35. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction and University System Institutions ............................^ 266,451,760

1. Resident Instruction Budget:

Personal Services ....................................................^ 219,840,570

Regular Operating Expenses, Travel, Motor

Vehicle Equipment Purchases, Publications

and Printing, Per Diem and Fees, Equipment

Purchases, Computer Charges, and Other

Contractual Expense ___..__._.____.___..____._._.._____.____..$ 75,214,500

Teachers' Retirement __._________..._.___.__.___..__.__.._.__.__.$ 16,911,430

Capital Outlay ...........................................................i 10,000,000

Authority Lease Rentals _..____.._____.___...________.._____._..$ 22,686,000

State of Georgia General Obligation

Debt Sinking Fund ....__ _._.._____..____.. __..____..___._ ___... $ 2,000,000

Total Funds Budgeted -_.___....._..... .___.. ..............^ 346,652,500

State Funds Budgeted ...___. . . .. . _ _..... ..._..$ 234,295,000

Total Positions Budgeted

15,900

Provided, that of the above appropriation relative to Capital Outlay, $150,00 Ois designated and committed for planning of a Cancer Research Center at the Medical College of Georgia.
Provided, that from appropriated funds in A, the amount of $24,686,000 in F.Y. 1976 is designated and committed to guarantee payment of lease rental con tracts as a first charge on such funds.
Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever.
Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an

3482

JOURNAL OF THE HOUSE,

apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the Fiscal Year to pay the annual lease contract commitments for the acquisition of prop erty as provided for in the provision of the State Con stitution. The Board of Regents shall immediately re port the same to the State Budget authorities for ap proval, whose approval 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 contribution applicable to such salary to the Teachers' Retirement System.

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

Provided, 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 $1,000,000 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 in come.

2. Marine Resources Extension Center Budget:

Personal Services .....................$

Regular Operating Expenses, Travel, Motor

Vehicle Equipment Purchases, Publications

and Printing, Per Diem and Fees, Equipment

Purchases, Computer hCaregs and Other

Contractual Expense .............$

Total Funds Budgeted ..............4

State Funds Budgeted

...-- ----------.$

Total Positions Budgeted

3. Skidaway Institute of Oceanography Budget:
Personal Services .,,..._,,.._._,,,,__-,,..$ Regular Operating Expenses, Travel, Motor

268,500
121,900 390,400 390,400
23
803,500

THURSDAY, MARCH 20, 1975

3483

Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense --._--.---.--... $ Total Funds Budgeted ...............................................$ State Funds Budgeted ......... $ Total Positions Budgeted

763,000 1,566,500
575,500 38

4. Engineering Experiment Station Budget:
Personal Services .........-.-.-- $ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense ..............__....__......----.--.$ Total Funds Budgeted _._._..,,__.__...__._____..._____.___.______.$ State Funds Budgeted ..--___.-._.. ....__...-.. ,,_...--_--._. $ Total Positions Budgeted

6,830,700
2,254,000 9,084,700 2,352,000
201

5. Engineering Extension Division Budget:
Personal Services -..........-.....-...-...-..--....-..-.I Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense .......-.___._.__ $ Total Funds Budgeted ....... ..................I State Funds Budgeted .............................................^ Total Positions Budgeted

761,017
363,257 1,124,274
412,819 66

6. Agricultural Experiment Stations Budget:

Personal Services ...

.. ............... ^

Regular Operating Expenses, Travel, Motor

Vehicle Equipment Purchases, Publications

and Printing, Per Diem and Fees, Equipment

Purchases, Computer Charges, and Other

Contractual Expense ^................... .....................^

Total Funds Budgeted ...

...............................^

State Funds Budgeted

.......

... $

Total Positions Budgeted

9,898,976
5,113,745 15,012,721
9,421,000 848

7. Cooperative Extension Service Budget:

Personal Services ..............__..................._.,..._...__._..$

Regular Operating Expenses, Travel, Motor

Vehicle Equipment Purchases, Publications

and Printing, Per Diem and Fees, Equipment

Purchases, Computer Charges, and Other

Contractual Expense ............... $

Total Funds Budgeted ...-.----. $

State Funds Budgeted

.$

Total Positions Budgeted

14,304,624
2,386,417 16,691,041 8,535,041
953

3484

JOURNAL OF THE HOUSE,

Provided, that of the above appropriation relating to the Cooperative Extension Service, $120,000 is desig nated and committed for six specialist and three clerical positions and $100,000 is designated and committed for operational costs of the Cooperative Extension Services.

8. Talmadge Memorial Hospital Budget:
Personal Services __.,,__--____,,________,,________.______..__.___._,,$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense .__,,._.._.____._..___._...._......___.,,_$ Total Funds Budgeted ._..___....._...._.____...,,......_._......_..$ State Funds Budgeted _-____...__.____.________..____.._.____.___..$ Total Positions Budgeted

16,532,779
5,774,675 22,307,454 10,470,000
1,971

Budget Unit Object Classes:
Personal Services _...__-._._.__......__.....___._...._.___._.__...._._.$ 269,240,666 Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense ______-.______-__..______________...____...$ 91,991,494 Teachers' Retirement __..______._____.________._________.._____.___.$ 16,911,430 Capital Outlay .------- $ 10,000,000 Authority Lease Rentals ___..__________________________,,.______..$ 22,686,000 State of Georgia General Obligation Debt Sinking Fund _.____......___.....______...__.___._,,.___.__..$ 2,000,000

B. Budget Unit: Regents Central Office _____...__.._..._.__._..$ 6,499,750

Regents Central Office Budget:
Personal Services ---------.-$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense _...._.._--....-_......._.._._-.._.__-.....$ SREB Payments --.---,,$ Medical Scholarships ___..___.__.,,...____.__._._____-....______-_.__$ Regents Scholarships ... ..._...... .._......._.._........._..___.....$ Grants to Junior Colleges _......._._........._......-...._._..-.$ Total Funds Budgeted ,__.... .._._.__...._...__._.......__.._._....$ State Funds Budgeted .._.._..._..__._......._... .._.-......_.._...$
Total Positions Budgeted

1,662,400
390,350 732,000 345,000 200,000 3,170,000 6,499,750 6,499,750
104

Budget Unit Object Classes: Personal Services

.

,,. $ 1,662,400

THURSDAY, MARCH 20, 1975

3485

Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense --.___..---____._.,,_.__.._______________ $
SREB Payments _--.___.__-_____...._.________._.._________.___.__.$ Medical Scholarships __.._.._.________.....___.____.____.______..__._$ Regents Scholarships ................................................$ Grants to Junior Colleges ........................................If

390,350 732,000 345,000 200,000 3,170,000

Section 36. Department of Revenue. Budget Unit: Department of Revenue ......................$ 23,896,696

1. Executive Administration Budget:

Personal Services

.

. . .. _._._.$

County Tax Officials/Retirement and FICA _.__. $

Regular Operating Expenses .._..__.-.-..._..._...._._._...._.$

Travel ..........................................................................^

Motor Vehicle Equipment Purchases _..---._._.__--__.$

Publications and Printing ._.___._..__...,,.____.....___......._. $

Equipment Purchases ___._...______...__.___._.,,___.,,_._____._____.$

Per Diem and Fees ....... $

Computer Charges ..._--.....-..-.-- $

Other Contractual Expense .... ___.___..,,.___.____$

Total Funds Budgeted __.......____....__.....__..___.._-.._...__.__.$

State Funds Budgeted ______..___......_._____.,,..____.______-___$

Total Positions Budgeted

459,000 436,000 912,172
12,000 4,000 165,000 4,850
19,800 35,000 --0-- 2,047,822 2,047,822
32

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

Other Contractual Expense ...... __..__.___._____._____..--___.$

Total Funds Budgeted ............................................^

State Funds Budgeted ................... ................. .... $

Total Positions Budgeted

812,500 24,740
. 1,500 --0-- 6,736 24,000 1,000 49,000 --0-- 919,476 919,476
70

3. Property Tax Budget:
Personal Services .............-......-...-.-..---.----I Regular Operating Expenses ___._.__--____.--..-------- $ Travel ....__...._._............._...-_...---.------- ._......_._--..__..$ Motor Vehicle Equipment Purchases .._......__-.......-- $ Publications and Printing ._..-...___.-...._.............--..-$ Equipment Purchases _..._._..............-...--.----.? Per Diem and Fees ............--.$ Computer Charges ..............................................I

800,000 24,442 44,600 9,200 82,000 2,775
. 46,000 1,100,000

3486

JOURNAL OF THE HOUSE,

Other Contractual Expense _-_--_--_.___--,,..__. Loans to Counties/Property Reevaluation Grants to Counties/Appraisal Staff ....... Intangible Tax Equalization Fund _,,......__... Total Funds Budgeted .............. State Funds Budgeted --_-_____--_..__________.______ Total Positions Budgeted

--0--
325,000 1,250,000
--0--
3,684,017 3,483,017
64

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 $201,000 in F.Y. 1976. Such amount shall be available for further tax evalua tion loans to counties.

Provided, that of the above appropriation, no funds are designated and committed for the cost of the In tangible Tax Equalization Fund provided for in an Act approved April 17, 1973 (Ga. Laws 1973, p. 924), to be administered by the State Revenue Commissioner as provided therein.

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 ............................$ Other Contractual Expense _____,,__..____--........---.......$ Total Funds Budgeted _________,,_.____.._____________________.___$ State Funds Budgeted __.......-,,__.._......-..___.-.....-_-.$ Total Positions Budgeted

769,537 71,252 4,000 --0-- 53,600 7,300 --0-- 310,000 --0-- 1,215,689 1,215,689
75

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 ................. ............^

Other Contractual Expense _..___.__...,,.--...-.._--,,._--.$

Total Funds Budgeted .....................^

State Funds Budgeted .........................$

Total Positions Budgeted

347,000 7,244 2,000
--0-- 50,000 1,755
--0-- 270,000 --0-- 677,999 677,999
36

THURSDAY, MARCH 20, 1975

3487

Provided, that of the above appropriation relating to Computer Charges, $165,000 is designated and com mitted for redesign of Motor Fuel Computer System.

6. Income Taxation Budget:
Personal Services .__........__$ Regular Operating Expenses ._---...----.__.---___--.-__.$ Travel .............................if Motor Vehicle Equipment Purchases __________________ $ Publications and Printing _.___________...____.__.__...___._______$ Equipment Purchases _._-____._-___.-._-.___..-,,______.______..._.$ Per Diem and Fees ____....__..___.._$ Computer Charges ____....____.___.......______..._.$ Other Contractual Expense ...----_.____...._.._______________.$ Total Funds Budgeted __________._____.__________._.____.._..._____..$ State Funds Budgeted -_......... ______ ___ ..._..$ Total Positions Budgeted

1,268,546 146,733 3,507 --0-- 250,300 7,165 --0--
1,600,000 --0--
3,276,251 3,276,251
115

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 _.____.._____...___...--___.___-__-._-__....__-....$ Computer Charges ...____._.__.__.______...._____.._._..._-___..__.__..$ Other Contractual Expense __________________ ___._______.___.$ Total Funds Budgeted _. ___ -_- _______ __......_ ..... $ State Funds Budgeted _....._ __ ..... ... _._____. $ Total Positions Budgeted

1,606,552 195,508 47,000 110,400 13,500 5,832 11,200 50,000 --0--
2,039,992 2,039,992
122

8. Motor Vehicle Registration Budget:
Personal Services ....___..._._....._...._................-...-_....$ Regular Operating Expenses __________.._________.___________$ Travel __.__._..____.__________..____.-_-_..-------...--_-$ Motor Vehicle Equipment Purchases __..................$ Publications and Printing ______ _____.__________$ Equipment Purchases .... ......... .............._._...._. ...._.$ Per Diem and Fees _...__..._.....__. ........_........_.... ..__.....$ Computer Charges _...__...._._....__.........__..._.-..-._..-...-$ Other Contractual Expense ________________----._--_.$ Total Funds Budgeted _____ ______ .--_----_--_--$ State Funds Budgeted _________ _ .............._..!.._..._..$
Total Positions Budgeted

1,800,000 241,726 5,212 13,800 261,840 17,740
300
2,115,000
--0--
4,455,618 4,455,618
207

Provided, that of the above appropriation relating to Computer Charges, $500,000 is designated and com mitted for redesign of the Motor Vehicle Computer
System.

3488

JOURNAL OF THE HOUSE,

9. Central Audit Budget:
Personal Services --_.___--_--__....,,.__...........__..........$ Regular Operating Expenses -__,,,,..---__..,,,,.,,._,,....$ Travel ....................... ......^$ Motor Vehicle Equipment Purchases --....----.__--$ Publications and Printing ..._.___.......,,,,,,......._____......$ Equipment Purchases ..----._.......,,--......._____--,,.-...._,,$ Per Diem and Pees ....___....,,._._.____-,,...-..____.....,,..__,,$ Computer Charges ...... ..........^ ...... ............^ Other Contractual Expense ________,,----,,_______--____,,_$ Total Funds Budgeted .................... ...........^ State Funds Budgeted ---__-_.............._.....,,_______....$ Total Positions Budgeted

1,443,886 30,636 176,614
--0-- 3,000 4,400 1,000 3,000
--0-- 1,662,536 1,662,536
94

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 ......___._-__._.......-.....,,..___...........___$

Other Contractual Expense ___________--____--.----_--_$

Total Funds Budgeted ..^.^ ...................$

State Funds Budgeted __..............,,._._....._.......-_____-_.$

Total Positions Budgeted

3,179,907 156,171 235,000 --0-- 8,918 21,300 2,000 8,000 --0--
3,611,296 3,611,296
257

11. Motor Vehicle Tag Purchases Budget:
Motor Vehicle Tag Purchases __,,............_..__._____.--..$ Motor Vehicle Decal Purchases ....._.___..____..,,.......-..$ Total Funds Budgeted ..........___.._-__.___...........-._______$ State Funds Budgeted -,,_____.__..........----__-.-..-$ Total Positions Budgeted

68,250 438,750 507,000 507,000
0

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $68,250 is desig nated and committed for use in contracting with the Department of Offender Rehabilitation for the produc tion of at least 105,000 motor vehicle tags.

Any such contract may provide for partial, ad vance 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 ,,_,,.--.--.

..$ 12,486,928

THURSDAY, MARCH 20, 1975
County Tax Officials/Retirement and PICA ._.__.$ Regular Operating Expenses ------___---__--_-_-____--.$ Travel .........-...$ Motor Vehicle Equipment Purchases .--...--_--_-...-$ Publications and Printing _,,,,,,_______...,,__._.,,....,,___...$ Equipment Purchases --..-..-.--.-....--_.____.......___-....___--$ Per Diem and Fees ----.._----.,,__--._.._-.--__.--.--___.__--$ Computer Charges . _._.,,,,.--__..-..,,._.___--..._.._--....--..$ Other Contractual Expense -..----..-.--____...---..---.? Loans to Counties/Property Reevaluation ._____.._--$ Grants to Counties/Appraisal Staff .....__._-....__......$ Motor Vehicle Tag Purchases ___-..-______-_....._-...._-_..$ Intangible Tax Equalization Fund ---.-____--.-..__..---$

3489
436,000 1,810,624
531,433 137,400 894,894 97,117 81,300 5,540,000 --0-- 325,000 1,250,000 507,000 --0--

Section 37. Secretary of State. A. Budget Unit: Secretary of State __-..,,.__--...-__-_-...._.$

6,156,605

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 ____..____..--_....----.._----..----.,,----$ Other Contractual Expense ..___....___----......,,_--.,,.$ Total Funds Budgeted _.-..._-_-.....__..._.___......__.....__-$ State Funds Budgeted ..__._...._.__......_....._____...__-......__.$ Total Positions Budgeted

1,310,981 365,770 134,000 --0-- 33,000 21,000 85,000 --0-- --0--
1,949,751 1,949,751
124

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 ___.-__ _--.__._---------l-.~---.------$

Other Contractual Expense .____._--____--.. .._....___..--.$

Total Funds Budgeted ....._._....._......__....-__..____-..........$

State Funds Budgeted ......................................I

Total Positions Budgeted

208,666 24,233
5,000 --0--
2,000 2,100 --0-- --0-- --0-- 241,999 241,999
14

3. Corporations Regulation Budget:
Personal Services _...--,,.,,--....--------_-.------------$ Regular Operating Expenses _____..__,,--_,,__-__.---- _.$ Travel ._,,._....__.-...___..__.....-_-.__---..---------$ Motor Vehicle Equipment Purchases -_______-,,__-_---_.$ Publications and Printing __...__-.__._....--.,,,,---,,-----$

226,387 18,020 5,800 --0--
3,000

3490

JOURNAL OF THE HOUSE,

Equipment Purchases ----------------------------$

Per Diem and Fees ......................................... ^

Computer Charges ------------------.------------_-$

Other Contractual Expense ........................^

Total Funds Budgeted

.... ......4

State Funds Budgeted _---------------------------$

Total Positions Budgeted

3,000 --0-- --0--
50,000 306,207 306,207
21

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 ----------------_------_,,------.$ Other Contractual Expense ----------------_--------$ Total Funds Budgeted _------_------------------_----$ State Funds Budgeted .----------_------------------_.$ Total Positions Budgeted

250,053 5,762 46,800
--0-- 200
1,800
500 --0-- --0-- 305,115 305,115
15

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 _--------------------------------$ Other Contractual Expense --------_------------,--_$ Authority Lease Rentals ............. ...^, Total Funds Budgeted .............. .......^ State Funds Budgeted ................... ^ Total Positions Budgeted

1,103,177 109,751 7,500 --0-- 23,000 11,200 --0-- --0-- --0-- 815,000
2,069,628 2,069,628
91

6. General Services Budget:
Personal Services --------....--..-......--------------I Regular Operating Expenses ----------------_----_$ Travel ... .. ...... ...............^ Motor Vehicle Equipment Purchases --_----------$ Publications and Printing __----------_--------------.$ Equipment Purchases _--------------------_------$ Per Diem and Fees ..................................^ Computer Charges _.------------------------.--------$ Other Contractual Expense ----------------.--------$ Total Funds Budgeted ............................^, State Funds Budgeted ............. ...^ Total Positions Budgeted

422,666 54,871
8,500 --0--
60,000 4,000 2,000 --0-- --0-- 552,037 552,037
32

THURSDAY, MARCH 20, 1975

3491

7. Internal Administration Budget:
Personal Services ......._-_,,___.--.....-___--..._ _...,,___,,.,,___$ Regular Operating Expenses ----..----....----,,.._-...$ Travel ___.._.________._____.____.___.,,_______,,_.._______._.______.______,,___. $ Motor Vehicle Equipment Purchases ,___,,--___ ._._.$ Publications and Printing ...._.__.....__.....,,__....____,,...,,.$ Equipment Purchases .................... .....^ Per Diem and Pees ...................................^ Computer Charges .__.,,._.._.__...,,...___..,,._.....__...,,...... $ Other Contractual Expense .......................^ Total Funds Budgeted .............................. 4 State Funds Budgeted ..____...._.__....__.__.._._.___._,,___.....$ Total Positions Budgeted

439,174 50,977 2,500
--0-- 80,000 4,000
--0-- --0>--
--0-- 576,651 576,651
29

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 _____.__._________,,--__-_--____--___-____.-_ $ Other Contractual Expense ._____--______.________-__--_-_.-.$ Total Funds Budgeted ................ ..^, State Funds Budgeted .............. ^ Total Positions Budgeted

75,812 366,905
8,000 --0--
15,200 1,300 3,000
--0-- --0-- 470,217 155,217
5

Budget Unit Object Classes:

Personal Services ....................................................I

Regular Operating Expenses ......._..._._...._..__.___,,..__-.$

Travel

.............. $

Motor Vehicle Equipment Purchases ,,---...----.__.$

Publications and Printing .._......_...-_._..__.-.___--_-.$

Equipment Purchases ..,,._...._._.-.._....._....__.--.__------.$

Per Diem and Fees .... ---.-- -.----$

Computer Charges ___.-__..----..------_-------_-------$

Other Contractual Expense ....................................I

Authority Lease Rentals _.._...._.-..__.__._,..-_,-..__..-_...$

4,036,916 996,289 218,100 --0-- 216,400 48,400 90,500 --0-- 50,000 815,000

Provided, that of the above appropriation, $10,000 is designated and committed for a study of land lot lines in Cobb County.

Provided, that of the above appropriation relating to the Secretary of State, $50,000 of the amount bud geted to the object class Other Contractual Expense in the Corporations Regulation Budget is designated and committed for legal fees for dissolution of defunct
corporations.

3492

JOURNAL OF THE HOUSE,

B. Budget Unit: State Building Administrative Board ----__-----_--_,,_-_--_--_---_$

102,066

1. 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 _,,__,,__,, ..._._^ ____.___. $ Other Contractual Expense __....._________..,,_.______,,....--$ Total Funds Budgeted .,,._..._...._. ,,..._,,_..$ State Funds Budgeted ,,......__.._.,,.__._____,,__....._____._.....$ Total Positions Budgeted

72,566 10,000
8,000 --0--
5,000
3,000 3,500 --0-- --0-- 102,066 102,066
6

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 --.---------...---------,,-----------$ Other Contractual Expense ____.._---.__,,.___--.----__---$

72,566 10,000 8,000 --0--
5,000 3,000 3,500 --0-- --0--

Section 38. State Scholarship Commission. Budget Unit: State Scholarship Commission ____,,___$

9,921,679

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 __-_______._--.____.._,_________________._______,,___$ Other Contractual Expense -...-...-----.--..--------..--$ Total Funds Budgeted __.________.,,..____._-______-____,,_._______$ State Funds Budgeted ..,,_._....._--..-......-.______-.....$ Total Positions Budgeted

609,616 129,735
21,500 --0--
13,894 2,300
500 235,000 --0-- 1,012,545 699,868
50

2. Higher Education Assistance Corporation Budget:
Payment of Interest ....._.-______...._......._,,____....._-$ Total Funds Budgeted ..,,-._-......-____-_____...-.._-___.,,-$ State Funds Budgeted __.____________..._______________.____._,,-.$ Total Positions Budgeted

214,000 214,000 89,000
0

THURSDAY, MARCH 20, 1&75

3493

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

2,233,500 6,0.07,311 1,280,000 9,520,811 9,120,811
0

4. Law Enforcement Personnel Dependents Scholarship Program Budget:
Law Enforcement Personnel Dependents Scholarships .._.__..................._....$
Total Funds Budgeted .._.....___.___._______......_..._.__._.___._$ State Funds Budgeted . .._..........__......._.._..___.__......... $ Total Positions Budgeted

12,000 12,000 12,000
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 ....__.._-.-........,,_._..__-._..--..._..._.___.$

Other Contractual Expense -----..----- $

Payment of Interest _..____.--__.___...$

Direct Guaranteed Loans .________.____._____.___._______._____.$

Tuition Equalization Grants .........____-_..__-........_--$

State Student Incentive Scholarships .... .....__..... $

Law Enforcement Personnel Dependents

Scholarships ..... .--....._..--.....- $

609,616 129,735
21,500 --0--
13,894 2,300
500 235,000 --0-- 214,000 2,233,500 6,007,3-11 1,280,000
12,000

Provided, that of the above appropriated amount relative to Direct Guaranteed Loans an amount not to exceed $12,000 is designated and committed for the pur pose of providing stipends for training recruitment 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 pur pose of providing loans under the guaranteed student loan program to students in paramedical, professional educational 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 em ployment approved by the Scholarship Commission as provided for in Ga. Laws 1965, p. 210, as amended.

Provided, that of the above appropriated amount relative to Law Enforcement Personnel Dependents

3494

JOURNAL OF THE HOUSE,

Scholarships $12,000 is designated and committed 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 appropriation $6,007,311 is designated and committed for Tuition Equali zation Grants to students attending private colleges as provided in Ga. Laws 1971, p. 906.

Provided, that the above appropriated amount re lative to Student Incentive Scholarships is designated and committed solely for the purpose of providing needsbased scholarships to first-year and to second-year undergraduate students as provided by applicable State and federal law, provided, however, that Georgia veteran students otherwise eligible and qualifying to receive a Student Incentive Scholarship shall have priority and be eligible to receive a scholarship without regard to their undergraduate academic level or classification but such priority for veterans shall only apply to $230,000' of the funds appropriated for Student Incentive Scholarships. Provided, further, that until the Student Incentive Scholarship Program is adequately funded to assist eligible students at all undergraduate levels of study, scholarships shall not be awarded to students for sum mer term study in institutions of higher education, nor to students for summer period study in other postsecondary educational institutions unless summer period study is part of the typical academic year of such institution.

Provided, that of the above appropriation relating to Tuition Equalization Grants, $511,562 is designated and committed to raise grants to $500 for freshmen only, and that no such Tuition Equalization Grant shall be awarded to graduate students.

Section 39. Soil and Water Conservation Committee.
Budget Unit: Soil and Water Conservation Committee ._.....____._......_......._.__.._.......-.-.___...........$

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 ______-._-_.---_--________--_----_-_____-__$

468,456
159,181 44,703 25,400 --0-- 3,355
600 98,630 --0--

THURSDAY, MARCH 2iO, 1975

34%

Other Contractual Expense -...._..__-----,,.___._..-_......$

Total Funds Budgeted ......___-_-_........__.._.........._.._.$

State Funds Budgeted

..._..,,..,,--..$

Total Positions Budgeted

136,587 468,456 468,456
11

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 .--.____...-..._..._.____.._.--_..._._____....._ $ Other Contractual Expense .__-._.._._...._-._.._........____.$

159,181 44,703 25,400
--0-- 3,355 600
98,630 --0-- 136,587

Section 40. Teachers' Retirement System. Budget Unit: Teachers' Retirement System ..'..._....$

1,965,265

Departmental Operations Budget:
Personal Services ...._._.-.........-_-__.___._...,,_-___._......-___.$ Regular Operating Expenses -__,,__....-.__.-..--.-- $ Travel -_.--__.-_ $ Motor Vehicle Equipment Purchases _______,,_--,,._ $ Publications and Printing ._..._.__._...._____._........__,,_. $ Equipment Purchases .._.._............____....__......__.___..... $ Per Diem and Fees ,,._,,_,,__,,_,,.,,.$ Computer Charges ._.-....._.......__-.__-....,,__--_.........__-__..$ Other Contractual Expense ,,,......__.__..,,....__._-...,,.__.$ Employer Contributions ._..____-_..___...__.____.._.....____....$ Floor Fund for Local Retirement Systems _____,,__.$ Total Funds Budgeted _.-....-._.._.._,,-..____.-...._...-_.$ State Funds Budgeted .. __._____.__,,.______.__.._...____._._...___$ Total Positions Budgeted

504,532 47,390 16,000 --0-- 12,00-0
6,123 63,250 175,000 --0-- 985,000 980,265 2,789,560 1,965,265
40

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 __.____,,.._,,_-_.-._-....-__.-.__.__,,....$ Other Contractual Expense _,,......_..._-.....___._.. ....__.$ Employer Contributions __...._..__.__....._.___...-.._..__... $ Floor Fund for Local Retirement Systems __..__.__$

504,532 47,390 16,000
--0-- 12,000 6,123 63,250
175,000 --0-- 985,000 980,265

Provided, that of the above appropriation relative to Employer Contributions, $525,000 is designated and committed for raising to 1.76 the percentage to be used

3496

JOURNAL OP THE HOUSE,

in making the calculations described in Section 2 of SB 102 of the 1975 Regular Session of the Georgia General Assembly.

Provided, that of the above appropriation relative to Employer Contributions, $460,000 is designated and committed for reducing the service requirement for vol untary retirement to 30 years as described in Sections 1 and 3 of SB 102 of the 1975 Regular Session of the Georgia General Assembly.

Section 41. Department of Transportation. Budget Unit: Department of Transportation ._.__..___,,$ 261,548,983

1. Planning and Construction Budget:

Personal Services ___________._____._..._____._.._..____________.____.___ $ 53,732,968

Regular Operating Expenses ..................$ 4,997,874

Travel __.__.......................__.___._..._________............._...____.__..$ 1,882,650

Motor Vehicle Equipment Purchases __.._...__..,,..... $ --0--

Publications and Printing ..................$

197,066

Equipment Purchases ..................................$

140,200

Per Diem and Fees .............................................^ --0--

Computer Charges ._.-...--..__.__.................._._...,,..,,.,,....$ --0--

Other Contractual Expense ..,,..,,.--$ 5,800,854

Capital Outlay ............................ ..^ 170,755,097

State of Georgia General Obligation

Debt Sinking Fund ...........................$ 8,000,000

Total Funds Budgeted .....................................$ 245,506,709

State Funds Budgeted _______.______,,___._,,_____..________..__.___.$ 106,736,624

Total Positions Budgeted

3,842

2. Maintenance and Betterments Budget:

Personal Services ............................... ^

Regular Operating Expenses ___,,.,,____.______$

Travel __________

$

Motor Vehicle Equipment Purchases ---.--.----.._._.$

Publications and Printing ....__...._.....__...................._ $

Equipment Purchases ....-...........................$

Per Diem and Fees ................................$

Computer Charges ............................................^

Other Contractual Expense ................. ........^

Capital Outlay .........................................$

Total Funds Budgeted .................

$

State Funds Budgeted .............. .....^. ......$

Total Positions Budgeted

32,674,560 20,604,337
450,600 --0--
12,184 --0-- --0-- --0-- 900,000 31,876,977 86,518,658 86,518,658
3,851

3. Authorities Budget:
Authority Lease Rentals .......................$ State of Georgia General Obligation
Debt Sinking Fund .....................$ Total Funds Budgeted ___,,______..._____.___.........__.._______,,_ $ State Funds Budgeted ..................................4

27,408,889
5,582,775 32,991,664 32,991,664

THURSDAY, MARCH 20, 1975

3497

4. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases .._._______._____._,,$ Equipment Purchases .................................. ......^ Capital Outlay _...__.__.._.._.__._.__..____.____..___.__ $ Total Funds Budgeted ................................ ^ State Funds Budgeted ___..__.___.___.___________.____.._______._..._.$

2,372,471 1,542,059
437,000 4,351,530 3,800,000

5. Assistance to Counties Budget:
Grants to Counties ________._________.__.______._,,$ Total Funds Budgeted ,,_--__------_._,,--$ State Funds Budgeted _.___.._..__._._._,,_,,..._.._._._$

9,317,013 9,317,013 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 --.___-..__._,,......___......_..-----._--_.._ $ Other Contractual Expense ................... ......-- $ Total Funds Budgeted ...................................... $ State Funds Budgeted ..........................$ Total Positions Budgeted

132,837 71,639 15,000 --0-- 15,000 --0-- --0-- --0-- --0-- 234,476 234,476
8

7. Administration Budget:
Personal Services ___.___,,__.___.___.___.._.____..______.____.____._.$ Regular Operating Expenses __________.___._-___,.___ $ Travel ._..____...._-.........__..____....____....,,__.....__..____-_-......-....$ Motor Vehicle Equipment' Purchases _________.._._-- $ Publications and Printing ____.......__...--...-_-...--_--..._.$ Equipment Purchases ................................. ^ Per Diem and Fees ___._._.__......____..____,,..-____.___...._-...__.$ Computer Charges ___..__.____-___.__._.__._..__...__._--._.-.-.-.$ Other Contractual Expense ____..___.....___....._....___....__-$ Total Funds Budgeted ._.._.,, ....___... $ State Funds Budgeted ____...._.__....__....-____.___-_.___-..__..$ Total Positions Budgeted

5,858,568 2,608,581
323,678 --0-- 424,475 --0--
11,200 1,389,863
165,200 10,781,565 10,781,565
353

Appropriation of State funds in the foregoing De partment of Transportation budgets shall be in conform ity with and pursuant to Article VII, Section IX, Para graph IV of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel faxes received by the Fiscal Division of the Depart ment of Administrative Services in the immediately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal of ficers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor

3498

JOURNAL OP THE HOUSE,

fuel tax received by the Fiscal Division of the Depart ment of Administrative Services in the immediately preceding fiscal year and enter the full amount so de termined on the records of the State as being the appro priation payable in lieu of the amount appropriated herein.

Provided, however, that objects for Activities fi nanced by Motor Fuel Tax including Planning and Con struction, Maintenance and Betterments, Authority Lease Rentals, General Obligation Debt Sinking Fund Payments, Administration, Tollways Facilities and
Grants to Counties, 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 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 appropri ated for new authority lease rentals to permit the is suance of bonds to finance new projects.

For State matching participation in costs of con struction, reconstruction, improvement in highways, and Highway planning, in cooperation with the Federal Government, including all cost items incident thereto. For the cost of road and bridge construction and sur veys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto provided all expenditures for county contracts shall be in accordance with and on the basis of average prices 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

THURSDAY, MARCH 20, 1975

3499

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 Reve nues actually paid into the Fiscal Division of the Department of Administrative Services and constitution ally appropriated 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 appro priations 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 to finance the construction or recon struction of public roads and bridges approved by the Department of Transportation. Provided, that in the event that lease rental obligations shall be less than the amount provided in the Budget Report, such excess amount may be used and is herein specifically appro priated to the "State of Georgia General Obligation Debt Sinking Fund" for the specific purpose of paying annual debt service requirements now new General Obligation debt in an amount not to exceed $30,000,000 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 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 High way 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 con struction and maintenance. Grants shall be distributed and disbursed by the Fiscal Division of the Depart ment of Administrative Services as provided by law.

For appropriation for the State of Georgia General Obligation Debt Sinking Fund for annual debt service requirments on General Obligation Debt to finance an amount not to exceed $100,000,000 in principal amount for a new program for advance construction of inter state highway systems. This appropriation shall be from funds other than the motor fuel tax.

For grants to counties for aid in county road con struction and maintenance to be distributed and dis bursed to various counties of the State by the Fiscal

3500

JOURNAL OF THE HOUSE,

Division of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation.

Provided, further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expanded 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.

Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific purpose and amounts as shown below:

Planning and Construction General Obligation Bond Debt Service For Advance Construction of the Interstate System ........ ..,............$
Geodetic Control ___._.,,__._____.,,____._..,,.____._._____.____.__._._.$ Maintenance and Petterments
Resurfacing ..............................................................I

8,000,000 380,000
12,000,000

This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropria tions of an amount equivalent to motor fuel tax revenue required under Article VII, Section IX, Paragraph IV of the State Constitution.

Provided, further, that the Department of Trans portation is authorized and directed to transfer to Personal Services from other object classes such funds as are required to fund the cost-of-living adjustment contemplated in this Act, subject only to prior approval by the Office of Planning and Budget and the Fiscal Affairs Subcommittees of the House and Senate.

Provided, that $100,000 is designated and committed for planning of the Harry S. Truman Parkway.

THURSDAY, MARCH 20, 1975

3601

8. Assistant to Municipalities Budget:
Grants to Municipalities .-,,-.----............... ...... $ Total Funds Budgeted ._.__..__..__..__..___.....,,__..___.,, $ State Funds Budgeted ........ .^ ....._...._..._$

9,317,000 9,317,000 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 author ity, shall execute an affidavit annually that funds re ceived under this Section have been expended in ac cordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.

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

9. Air Transportation Budget:

Personal Services ..................... $

Regular Operating Expenses _...._._.__........-__._..$

Travel ................,,.........._......___.........._........_..........,,___.$

Motor Vehicle Equipment Purchases ___....-,,._.._..$

Publications and Printing ___._,,__,,..__.___._______._______.___.$

Equipment Purchases ....._....._..._..._...__......-___._ $

Per Diem and Fees -..........--...-..--.....$

Computer Charges .._..._.__......_.._.....---.._..$

Other Contractual Expense __...-- --__......._....._.. $

Total Funds Budgeted ...... ......-.-......-$

State Funds Budgeted __._._.--....._...--.,,,,.....$

Total Positions Budgeted



10. Inter-Modal Transfer Facilities Budget:
Personal Services ................. ....._._._..._$ Regular Operating Expenses ._....._,,...._....__.... $ Travel .-....-.._._......---_.._..---_..__...--._ $ Motor Vehicle Equipment Purchases __---,,...... $ Publications and Printing ........-.........--.......I Equipment Purchases .__....--..__.__..._.._...................... $ Per Diem and Fees .__..__._._. ..,,_.---._.___...--.,,-... -- $ Computer Charges _-..-..._._...........____.-.-----_.,,..- $ Other Contractual Expense __.._..___.__.._..._..._..$

307,040 355,500
7,000 38,000
500 8,500 1,000 --0-- --0-- 717,540 492,540
18
206,094 22,449 20,000 --0-- 15,700
5,200 --0-- --0-- 100,000

3502

JOURNAL OF THE HOUSE,

Capital Outlay ......._-__._,,.__-..-..........-.._....__............,,___ $ Mass Transit Grants ...........,,._ ................. $ Total Funds Budgeted ...................................$ State Funds Budgeted .......................... ^ Total Positions Budgeted

150,000 410,000 929,443 929,443
17

11. Harbor Maintenance Budget:
Harbor Maintenance Payments ...............--------$ Total Funds Budgeted _,,_..._.,,......_.,,,,._,$ State Funds Budgeted ...............................$

430,000 430,000 430,000

Budget Unit Object Classes:

Personal Services .................................$ Regular Operating Expenses ._........_..._,,__.__..__.._.-.... $ Travel .... 1 .................... $ Motor Vehicle Equipment Purchases ----.....----- $ Publications and Printing ............... .^, Equipment Purchases ........................ $

92,912,067 28,660,380 2,698,928 2,410,471
664,925 1,695,959

Per Diem and Fees ...................

^

12,200

Computer Charges ............___._-....................__.....-__..__ $ 1,389,863

Other Contractual Expense ......................... ^ 6,966,054

Capital Outlay _________________._____.-_____________._____________.._,,$ 203,219,074

Mass Transit Grants ....................................$ 410,000

Grants to Municipalities ..........._..__.,,....,,__._..._..._.....$ 9,317,000

Harbor Maintenance Payments ................................$ 430,000

Grants to Counties .................... .........^ 9,317,013

Authority Lease Rentals ..........................................$ 27,408,889

State of Georgia General Obligation Debt Sinking Fund ....-.............--...$ 13,582,775

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 Trans portation service income as is required to maintain and upgrade the quality of its equipment.

Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance a maximum of 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 Transporta tion is authorized 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.

THURSDAY, MARCH 20, 1975

3503

Provided, that the entire amount of the above al location for harbor maintenance payments is designated and committed for payment for harbor maintenance at Savannah.

Section 42. Department of Veterans Service.
Budget Unit: Department of Veterans Service ___.----_.--.__.,,__._____.____--_.,,.________._._.__.

$ 6,372,991

1. Veterans Assistance Budget:
Personal Services .............................. $ Regular Operating Expenses .................................^ Travel .-.._-._. $ Motor Vehicle Equipment Purchases _--_._.--.--.,,. $ Publications and Printing .._.......,,__....__..........__.__...$ Equipment Purchases _____._,,____._.__-._._.______..___.____....__. $ Per Diem and Fees ....... ....-.-.....-.._-$ Computer Charges _--,,.._,,--_____....--_._....._--...._--,,___.$ Other Contractual Expense .._......_....._........_.__......___.$ Grants to Confederate Widows ............................^ Total Funds Budgeted _.__...._.___._____._______...___._.______$ State Funds Budgeted ___.___.-__.,,..___._,,________.._____..__.___. $ Total Positions Budgeted

1,964,786 151,800 65,800 --0-- 22,000 37,500 10,100 385 --0-- 21,152
2,273,523 2,024,542
180

2. Veterans Home and Nursing Facility-- Milledgeville Budget:

Operating Expenses/Payments to

Central State Hospital .................$

Other Contractual Expense ...........................-......$

Total Funds Budgeted

..................^

State Funds Budgeted ___.__,,__..__.,,________.___.________,,,,_.$

4,381,565 --0--
4,381,565 2,995,295

3. Veterans Nursing Home-- Augusta Budget:
Operating Expense/Payments to Medical College of Georgia _,,._.,,______,,____.____ $
Other Contractual Expense .._..--..._----.___$ Total Funds Budgeted __.._.__._______,,_.__.___,,_,,..____________,, $ State Funds Budgeted ............. $

1,737,454 --0--
1,737,454 1,353,154

Budget Unit Object Classes:
Personal Services ,,..._,,.--....-- $ Regular Operating Expenses .,,.___................--....... $ Travel .,.._......_._._._.,,..__.........___..__.....___.....___.................$ Motor Vehicle Equipment Purchases _,,________.___--$ Publications and Printing .......................................I Equipment Purchases ___.___.__________._,,_____..______..__-._.__- $ Per Diem and Fees .....__.........._.......__....._._.__...._....._._ $ Computer Charges ............................ .^........^ Other Contractual Expense ___._,,..,,.--.-,,.,,-.--.--..,,.$

1,964,786 151,800 65,800 --0-- 22,000 37,500 10,100 385 --0--

3504

JOURNAL OF THE HOUSE,

Grants to Confederate Widows .. Operating Expense/Payments to
Central State Hospital ----__---- Operating Expense/Payments to
Medical College of Georgia

21,152 4,381,565 1,737,454

Provided, that of the above appropriation, $29,520 is designated and committed to furnish and equip nine day rooms in the Cabiness Building at Central State Hospital.

Section 43. Workmen's Compensation Board. Budget Unit: Workmen's Compensation Board....... $

1,804,616

Departmental Operations Budget:
Personal Services ,,,,.--.-_-- .....^ ... $ Regular Operating Expenses ---....__..-- --.-..._,,--_.,,$ Travel .._..._-..-_.._.__.,,....-_..-........_.._.......-_._..........-.......$ Motor Vehicle Equipment Purchases _........_..--..- $ Publications and Printing _.............,,.........__.....,,._..._.$ Equipment Purchases --,,_-__...--.__--_-_--_.----,,----_.$ Per Diem and Fees _._.__.___.__._.__..____-_.___,,_.______________.$ Computer Charges ___.-..._.___.-..._._._-.......__..__.......--__.$ Other Contractual Expense .._._--.__--_----........-----$ Total Funds Budgeted _-._._____,,___,,.___,,_____._.,,._____._.$ State Funds Budgeted .,,__..-...,,_._-..-.........__._....-__. $ Total Positions Budgeted

1,473,370 157,746 26,500 --0-- IS,000 15,000 9,000 110,000 --0--
1,804,616 1,804,616
103

Budget Unit Object Classes:
Personal Services _________._,,_.._____...,,________,,._____._.___.__..___.$ Regular Operating Expenses .,,.---...--.---,,......--.--.$ Travel .-..,,.....-.-.._...........-_.._......-.-.._........._.__........._.._.,,..$ Motor Vehicle Equipment Purchases .........._._...--.$ Publications and Printing ._..__..........__..........___.........$ Equipment Purchases ..............................................if Per Diem and Fees .._.___..._.......-._._.-.......___._........._.- $ Computer Charges .._..__.__......_...___-....._.__.--........_..__...$

1,473,370 157,746 26,500 --0-- 13,000 15,000 9,000 110,000

Section 44. For pay raises for schoolteachers, school bus drivers, academic and nonacademic per sonnel of the University System of Georgia and State employees .__................-__..$

56,970,000

Section 45. For grants to counties for road construction and maintenance as provided in Sections of House Bill 1 of the regular 1975 Session:
Section 3 ___--..__.------_.___............ ...... Section 2 _,,_...--.___--_--.,,_.--._,,__,,...--....

20,000,000 15,000,000

THURSDAY, MARCH 20, 1975

3505

Section 46. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorizd by law. No whole sale distributor of motor fuel shall be entitled to a re fund covering shrinkage in the process of retailing motor fuel 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 motor fuel.

Section 47. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitu tion of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or ap propriated for the fiscal year beginning July 1, 1975, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required pay ments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

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

Section 48. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Gov ernor's recommendations contained in the Budget Report submitted to the General Assembly at the regular 1975 session, except as otherwise specified in this Act; pro vided, however, the Director of the Budget is authorized to make internal transfers within a budget unit be tween objects, programs, and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program

3506

JOURNAL OP THE HOUSE,

or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond fiscal year 1976, and
provided, further, that no funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropria tions Committees of the Senate and House of Repre sentatives of all instances revealed in his audit in which 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 viola tion of any amendments properly approved by the Di rector of the Budget. In those cases in which the afore said 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 pro vided hereinbefore for transfers.

Section 49. 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 P.Y. 1976 submitted to the 1975 Georgia General Assembly.

Section 50. The Director of the Budget shall de termine the appropriations 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 51. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.
TOTAL APPROPRIATIONS
F.Y. 1976 __..______.._____.__._________..__.___.._.___._._____.___________.$1,960,919,489.62.

THURSDAY, MARCH 20, 1975

3507

Section 52. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 53. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Connell of the 87th moved that the House disagree to the Senate substitute to HB 170.

The motion prevailed and the Senate substitute to HB 170 was disagreed to.

HB 203. By Representatives Parham of the 109th, Baugh of the 108th, Mann of the 13th and others:
A Bill to amend Code Title 79A, relating to pharmacists, pharmacy and drugs, so as to change definitions relating to persons authorized to prescribe drugs; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend HB 203 as follows:
By adding following the semicolon after the word "laws" on line 5 of page 1 the follows:
"to provide an effective date;".
By adding after Section 2 ending on line 17 of page 2 the following:
"Section 3. This Act shall not become effective in any case before April 30, 1976, and it shall become effective on or after that date only if funds are appropriated to the affected State agencies for the purposes of implementing the provisions of this Act."
By renumbering Section 3 as Section 4.

Representative Parham of the 109th moved that the House agree to the Senate amendment to HB 203.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin

Bailey Battle Baugh

Beck Berry Bolster

3508
Bowman Bray Burruss Carlisle Carnes Carr Carrell Carter Castleberry Chance Childers Clark, Betty Clark, L. Clifton Cole Coleman Collins Colwell Connell Cooper Cox Crawford Culpepper Davis Dean Dent Dixon Dover Edwards, C. W. Edwards, W. Egan Elliott Evans, B. Evans, W. D. Pelton Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glover Greer Ham Harden Harris, B. B.

JOURNAL OF THE HOUSE,

Harrison Hatcher Hawkins Hays Hill, B. L. Hill, G. Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jackson Jessup Johnson, R. Johnson, W. R. Jones Karrh Keyton Kilgore King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Linder Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald McKinney Miles Mostiler Mullinax Nessmith

Nix Noble Owens Oxford Parhani Parkman Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Ray Reaves Richardson Ross Rush Russell, J. Sams
Sheats Sizemore Smith, V. B. Smyre Snow Stone Sweat Thomason Tolbert Triplett Tucker Twiggs Waddle Walker Wall Ware Watson White Whitmire Williamson Wilson Wood

Voting in the negative was Representative Beckham.

Those not voting were Representatives:

Alexander Banks Bargeron Blackshear

Brown Buck Burton Calhoun

Childs Daugherty Glanton Hamilton

Harris, J. G. Harris, J. P. Irwin Jordan Lambert Logan Matthews, C. Milford

THURSDAY, MARCH 20, 1975

3509

Parrish Russell, W. B. Scott Shanahan Sigman Smith, J. R. Taggart Thompson

Toles Townsend Vaughn West Wheeler Williams Mr. Speaker

On the motion, the ayes were 144, nays 1. The motion prevailed and the Senate amendment to HB 203 was agreed to.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the House, to-wit:
HB 413. By Representative Connell of the 87th: A Bill 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.
The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House substitute thereto:
SB 10. By Senator Coverdell of the 40th: A Bill to provide that ad valorem, excise and other taxes, fees, service charges and assessments due to counties of this State having a popula tion of 600,000 or more or to those municipalities lying wholly or partially within such a county which are not paid when due shall bear interest at the rate of seven percent per annum on the first $1,500; and for other purposes.
Representative Marcus of the 26th moved that the House insist on its position in substituting SB 10 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

3510

JOURNAL OF THE HOUSE,

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

Representatives Brown of the 34th, Irvin of the 23rd and Carnes of the 43rd.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 709. By Representatives Smith of the 78th, Jessup of the 117th and Coleman of the 118th:
A Bill to amend the Motor Vehicle Franchise Practices Act, approved Feb. 28, 1974, so as to change certain provisions relative to the granting of additional franchises to motor vehicle dealers; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend the Motor Vehicle Franchise Prac tices Act, approved February 28, 1974 (Ga. Laws 1974, p. 134), so as to change certain provisions relative to the granting of additional franchises or relocating of existing franchises; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Motor Vehicle Franchise Practices Act, approved February 28, 1974 (Ga. Laws 1974, p. 134), is hereby amended by deleting in its entirety paragraph (7) of subsection (a) of Section 5 and substituting in lieu thereof the following:
"(7) For a manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative to grant an additional franchise or relocate an existing franchise for a par ticular line-make of motor vehicle in any community or territory where a present franchised motor vehicle dealer is complying with the franchise or selling agreement and is providing adequate repre sentation in the community or territory. The burden of proof in showing inadequate representation or noncompliance with the fran chise or selling agreement shall be on the manufacturer, distributor, wholesaler, factory branch or division, distributor branch, whole saler branch or division, factory representative or distributor repre sentative. The manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative shall give a minimum of 120 days' notice to the Commission of its intent to grant such an additional franchise or relocate an existing franchise. The Com mission shall then conduct a hearing to determine if the additional

THURSDAY, MARCH 20, 1976

3511

franchise or relocation of an existing franchise should be granted pursuant to the procedures hereinafter established. If any change occurs in the ownership of present and existing dealerships, the manufacturer must notify the Commission of these changes at least 30 days prior to the changes."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Smith of the 78th moved that House agree to the Senate sub stitute to HB 709.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D.
Adams, John Adams, Marvin Bailey Banks Battle Beck Berry Bolster Bray Burruss Calhoun
Carnes Carr Carter Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman Collins Colwell Connell Cooper Cox Crawford Culpepper Davis Dean Dent Dixon Dover Egan

Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Gammage Glanton Glover Greer Ham Hamilton Harden Harris, B. B. Harrison Hawkins
Hays Hill, B. L. Hill, G. Holmes Horton Howell Hudson Hutchinson Irvin,R. Jackson Jessup Johnson, W. R.
Jones Karrh Keyton Kilgore King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K.

Leggett Leonard Logan Long Lucas Mann Matthews, D. R. McCollum McDonald McKinney Milford Mostiler Mullinax Nessmith Nix Owens Oxford Parkman Parrish Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T. Pinkston Randall
Ray Reaves Richardson
Ross Rush Russell, J. Sams Sheats Sizemore Smith, J. R.

3512
Smith, V. B. Smyre Snow Sweat Taggart Thompson Tolbert

JOURNAL OF THE HOUSE,

Triplett Tucker Twiggs Waddle Walker Ware Watson

West White Whitmire Williamson Wilson Wood

Those not voting were Representatives:

Alexander Bargeron Baugh Beckham Blackshear Bowman Brown Buck Burton Carlisle Carrell Daugherty Edwards, C. W.
Edwards, W.
Elliott
Fraser
Gignilliat

Harris, J. G. Harris, J. F. Hatcher Howard Irvin, J. Irwin Johnson, R. Jordan Lambert Larsen, W. W. Lee Linder Marcus
Matthews, C.
Miles
Noble

Parham Phillips, W. R. Rainey Russell, W. B. Scott Shanahan Sigman Stone Thomason Toles Townsend Vaughn Wall
Wheeler
Williams
Mr. Speaker

On the motion, the ayes were 131, nays 0.

The motion prevailed and the Senate substitute to HB 709 was agreed to.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 74. By Representative Larsen of the 27th:
A Bill 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 so as to change the provisions relating to rights and liabilities of females; to amend an Act relating to jury service of women; and for other purposes.

The following report of the Committee of Conference was read:
Conference Committee Report on HB 74
The Conference Committee on HB 74 makes the following recom mendations:

THURSDAY, MARCH 20, 1975

3513

That the Senate recede from its position on the Senate amendment and accept HB 74 as it passed the House.

Respectfully submitted,

FOR THE SENATE
/si Howard T. Overby Senator, 49th District
/s/ Roy Barnes Senator, 33fd District
/s/ H. Norwood Pearce Senator, 16th District

FOR THE HOUSE
// George K. Larsen Representative, 27th District
/s/ W. W. Larsen Representative, 119th District
/s/ Mrs. Eleanor Richardson Representative, 52nd District

Amend HB 74 on Page 1, line 23, by adding at the end of the following:

"Absences from their employment incurred by teachers and principals due to jury duty shall be excused absences and such ab sences shall not be charged to the teachers' or principals' accumu lated sick leave."

Representative Larsen of the 27th moved that the House adopt the report of the Committee of Conference on HB 74.
On the motion, the ayes were 107, nays 0.
The motion prevailed and the report of the Committee of Conference on HB 74 was adopted.
The following Bill and Resolution of the House were taken up for the purpose of considering the Senate substitutes thereto:
HR 77-310. By Representative Adams of the 14th: A Resolution proposing an amendment to the Constitution so as to pro vide for a program of indemnification with respect to the death of any law enforcement officer or fireman killed in the line of duty; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

The following Senate substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a program of indemnification

3514

JOURNAL OF THE HOUSE,

with respect to the death of any law enforcement officer, fireman or prison guard killed in the line of duty; to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:

"The General Assembly is hereby authorized to provide by law for a program of indemnification with respect to the death of any law enforcement officer, fireman or prison guard who is or has been killed in the line of duty subsequent to January 1, 1973. Such law may provide for the method of payment of such indemnification and all other matters relative thereto; provided, that no such law may provide an indemnification with respect to the death of a law en forcement officer, fireman or prison guard which is in excess of $50,000. The General Assembly is hereby authorized to levy taxes and to appropriate State funds for the payment of such indemnifica tion and for the purpose of implementing any law as authorized by this paragraph."

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

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

"( ) YES Shall the Constitution be amended so as to au thorize the General Assembly to provide by law for indemnification with respect to the death of a
( ) NO law enforcement officer, fireman or prison guard killed in the line of duty in an amount not to exceed $50,000?"

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.

Representative Adams of the 14th moved that the House agree to the Senate substitute to HR 77-310.

On the motion, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 20, 1975

3515

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Bailey Banks Battle Baugh Beck Beckham Berry Bowman Bray Buck Burruss Calhoun Carlisle Games Carr Carrell Castleberry Chance Childers Childs Clark, L. Clifton Cole Coleman
Connell
Cooper
Daugherty
Davis
Dean
Dent
Dover
Edwards, C. W.
Edwards, W.
Egan
Evans, B.
Felton
Foster, P. W.
Foster, R. L.
Fraser
Gammage

Gignilliat Glover Greer Ham Hamilton Harden Harris, B. B. Harris, J. F. Harrison Hatcher Hays Hill, G. Holmes Horton Howard Howell Hudson Hutchinson Irvin,R. Jackson Jessup Johnson, R. Johnson, W. R. Jones Keyton King Knight
Kreeger
Lane, Dick
Lane, W. J.
Larsen, G. K.
Larsen, W. W.
Leggett
Leonard
Linder
Logan
Long
Mann
Matthews, D. R.
McCollum
McDonald
Miles
Milford
Mostiler

Mullinax Nessmith Nix Noble Owens Oxford Parham Patten, G. C. Patten, R. L. Peters Petro Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Ray Reaves Richardson Rush Russell, J. Russell, W. B. Sams Shanahan Sheats Sigman Smith, V. B.
Snow
Stone
Sweat
Thompson
Tolbert
Triplett
Tucker
Twiggs
Walker
Wall
Ware
West
White
Whitmire
Williamson
Wilson

Those voting in the negative were Representatives:

Carter Dixon

Evans, W. D.

Waddle

3516

JOURNAL OP THE HOUSE,

Those not voting were Representatives:

Alexander Bargeron Blackshear Bolster Brown Burton Clark, Betty Collins Colwell Crawford Culpepper Elliott Glanton Harris, J. G. Hawkins

Hill, B. L. Irvin, J. Irwin Jordan Karrh Kilgore Lambert Lee Lucas Marcus Matthews, C. McKinney Parkman Parrish Phillips, L. L.

Ross Scott Sizemore Smith, J. R, Smyre Taggart Thomason Toles Townsend Vaughn Watson Wheeler Williams Wood Mr. Speaker

On the motion, the ayes were 131, nays 4.

The motion prevailed and the Senate substitute to HR 77-310 was agreed to.

HB 17. By Representatives Ware of the 68th, Greer of the 43'rd and Castleberry of the lllth:
A Bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", so as to provide revisions relating to minimum in surance coverage for motor vehicles; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", approved February 28, 1974 (Ga. Laws 1974, p. 113), so as to provide for additional definitions; to change certain definitions; to change the provisions relating to minimum insurance coverage for motor vehicles; to change the provisions relating to survivors' benefits; to change the provisions relating to optional coverages; to change the provisions relating to the acceptance or re jection of optional coverages and the offering of certain optional cover ages upon renewals of policies; to change the provisions relating to persons who are not entitled to benefits and to provide that certain additional persons shall not be entitled to benefits; 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 Motor Vehicle Accident Reparations Act", approved February 28, 1974 (Ga. Laws 1974, p. 113),

THURSDAY, MARCH 20, 1975

3517

is hereby amended by striking subsection (h) of Section 2 in its entirety and inserting in lieu thereof a new subsection (h) to read as follows:

"(h) 'Operation, maintenance or use of a motor vehicle' means operation, maintenance or use of a motor vehicle as a vehicle. Opperation, maintenance or use of a motor vehicle does not include (i) conduct within the course of a business of repairing, servicing, or otherwise maintaining motor vehicles unless the conduct occurs off the business premises or involves the actual operation of a motor vehicle as a vehicle on business premises, or

(ii) conduct in the course of loading and unloading the vehicle unless the conduct occurs while occupying it."

Section 2. Said Act is further amended1 by striking subsection (d) of Section 2 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:

"(d) The term 'disability' shall mean any period of time com mencing within twenty four (24) months from the date on which the motor vehicle accident occurred during which an insured is unable to either:

(1) Perform substantially all of the duties required by his usual occupation; or

(2) Engage in his principal activity if such person is not em ployed on at least a full-time basis.",

and by adding at the end of Section 2 a new subsection to be designated subsection (m) to read as follows:

" (m) The term 'funeral services and burial expenses' shall mean any reasonable and necessary expenses normally incurred by the sur vivors of a deceased person or by the estate of such person for funeral services, preparation for burial, and burial of a deceased person including but not limited to payments for any lands, services, supplies and equipment incidental to such funeral services, prepara tion for burial, and burial."

Section 3. Said Act is further amended by striking the short title of Section 3 in its entirety and inserting in lieu thereof a new short title to read as follows:

"Minimum insurance coverage; motor vehicles",

and by striking paragraph (4) of subsection (b) of Section 3 in its en tirety and inserting in lieu thereof a new paragraph (4) to read as follows:

"(4) funeral services and burial expenses not to exceed fifteen hundred dollars ($1,500) per person.",

3518

JOURNAL OF THE HOUSE,

and by striking from subsection (b) the following:

"In the event of the death of the injured person, survived by a
spouse or dependent child or children, compensation under para graphs 3 (b) (2) and (3) (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 child or children or the person having legal custody of any child or children, for use of such spouse or children as though awarded as a year's support for the spouse or children, or both.",

and inserting in lieu thereof the following:

"In the event of the death of the injured person, survived by

a spouse or dependent child or children, compensation under para-

N

graphs 3- (b) (2) and 3 (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 child

or children or the person having legal custody of any child or

children, for use of such spouse or children as though awarded

as a year's support for the spouse or children, or both. Survivors

benefits shall be payable until exhausted, at least monthly."

so that when so amended, Section 3 shall read as follows:

"Section 3. Minimum insurance coverage; motor vehicles. 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 vehicle providing the following minimum coverage:

(a) motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liabil ity under the motor vehicle safety responsibility laws of this State;

(b) compensation to insured injured persons, without regard to fault, up to an aggregate minimum limit of five thousand dollars ($5,000) per insured injured person for:

(1) all necessary medical expenses not to exceed two thousand five hundred dollars ($2,500) arising from a motor vehicle accident including necessary medicine, drugs, surgical, dental, 'X-ray and rehabilitative services, including prosthetic devices, and necessary ambulance, hospital, and nursing services, all as prescribed, author ized, approved or rendered by an attending physician, including any person licensed to practice a healing art and any remedial treatment and care rendered in accordance with a recognized religious healing method; and
(2) eighty-five percent (85%) of the loss of income or earnings during disability with a maximum benefit of two hundred dollars ($200) per week; and

THURSDAY, MARCH 20, 1975

3519

(3') expenses, not to exceed twenty dollars ($20) per day, rea sonably incurred during a period of disability in obtaning ordinary and necessary services from others, excluding members of the in jured person'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) funeral services and burial expenses not to exceed fifteen hundred dollars ($1,500) per person.
In the event of the death of the injured person, survived by a spouse or dependent child or children, compensation under para graphs 3 (b) (2) and 3 (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 child or children or the person having legal custody of any child or children, for use of such spouse or children as though awarded as a year's support for the spouse or children, or both. Survivor's bene fits shall be payable until exhausted, at least monthly.
The total benefits required to be paid under this Section with out regard to fault as the result of any one accident shall not exceed the sum of five thousand dollars ($5,000) 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, regardless of the number of insurers providing such benefits or of the number of policies providing such coverage.
Section 4. Said Act is further amended by striking subsection (a) of Section 4 in its entirety and inserting in lieu thereof a new subsection (a) of Section 4 to read as follows:

"Section 4. 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 up to fifty thousand dollars ($50,000) per person which may be rejected, or reduced to not less than an aggregate limit of benefits payable without regard to fault of five thousand dollars ($5,000) per person, by written consent of the policyholder. Benefits purchased in excess of five thousand dollars ($5,000) shall be paid as determined by the insured without apportionment to cover any of the following expenses incurred by ihe insured but not compen sated for under Section 3 (b) of the Act:

(i) Any expenses of the type described in Section 3 (b) (1);

(ii) Eighty-five (85%) percent of the loss of income or earn ings during disability;
(iii) Expenses of the type described in Section 3 (b) (3) not to exceed $20.00 per day; and

3520

JOURNAL OF THE HOUSE,

(iv) Funeral services and burial expenses not to exceed two thousand dollars ($2,000) per person; and

In the event of the death of the injured person, survived by a spouse or dependent child or children, compensation under para graphs 3 (b) (2) and 3 (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 child or children or the person having legal custody of any child or chil dren, for use of such spouse or children as though awarded as a year's support for the spouse or children, or both. Survivors benefits shall be payable until exhausted.

(2) compensation, without regard to fault, for damage to the insured motor vehicle not to exceed the actual cash value of the vehicle at the time of the loss, including up to ten dollars ($10) per day with a maximum of three hundred dollars ($300) for the loss of use of such motor vehicle; provided that benefits payable under this paragraph (2) may be subject to deductibles at the written election of the policyholder."

Section 5. Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:

"Section 8. Persons not entitled to benefits. Basic no-fault benefits shall not be payable to or on behalf of any person who sustains accidental bodily injury:

(a) while voluntarily occupying a motor vehicle known by him to be stolen;

(b) while occupying a motor vehicle owned by such person which is not insured for the benefits required by this Act. ;

(c) due to war, whether or not declared, civil war, insurrection, rebellion or revolution, or to any act or condition incident to any of the foregoing;

(d) resulting from the explosion of any nuclear device."

Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Ware of the 68th moved that the House agree to the Senate substitute to HB 17.

On the motion, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 20, 1975

3521

Those voting in the affirmative were Representatives:

Burruss Castleberry Edwards, C. W. Howard Hutchinson Jessup

Kreeger Lee Leonard Nix Parrish

Phillips, L. L. Rainey Smith, J. R. Ware Wood

Those voting in the negative were Representatives

Adams, G. D. Alexander Bailey Banks Battle Baugh Beck Beckham Berry Blackshear Bolster Bowman Bray Brown Calhoun Games Carrell Carter Chance Childers Clark, Betty Clark, L. Clifton Cole Collins Colwell Connell Cooper Crawford Daugherty Davis Dean Dent Dixon Dover Edwards, W. Egan
Evans, B.
Evans, W. D.
Felton
Foster, P. W.
Foster, R. L.
Fraser

Gammage Glanton Glover Greer Ham Hamilton Harden Harris, B. B. Hatcher Hays Hill, B. L. Hill, G. Holmes Horton Howell Hudson Irvin, R. Jackson Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore King Knight Lane, Dick Larsen, G. K. Larsen, W. W. Leggett Linder Logan Long Lucas Mann Marcus
Matthews, D. R.
McKinney
Miles
Milford
Mostiler
Mullinax

Nessmith Noble Owens Oxford Parham Patten, G. C. Patten, R. L. Petro Phillips, R. T. Phillips, W. R. Pinkston Randall Ray Reaves Richardson Ross Rush Russell, J. Russell, W. B. Sams Scott Shanahan Sheats Sigman Sizemore Smith, V. B. Snow Stone Sweat Thomason Thompson Tolbert Triplett Tucker Waddle Walker Wall
Watson
West
White
Whitmire
William son

3522

JOURNAL OF THE HOUSE,

Those not voting were Representatives:

Adams, John Adams, Marvin Bargeron Buck Burton Carlisle Carr Childs Coleman Cox Culpepper Elliott

Gignilliat Harris, J. G. Harris, J. F. Harrison Hawkins Irvin, J. Irwin Lambert Lane, W. J. Matthews, C. McCollum McDonald

Parkman Peters Smyre Taggart Toles Townsend Twiggs Vaughn Wheeler Williams Wilson Mr. Speaker

On the motion, the ayes were 16, nays 128.

The motion was lost and the House disagreed to the Senate substitute to HB17.
The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 376. By Representatives McDonald of the 12th, Smith of the 78th and Hutchinson of the 133rd:
A Bill to amend the Executive Reorganization Act of 1972 so as to authorize the Department of Public Safety to exercise jurisdiction over safety of motor vehicles and over the drivers of motor vehicles operating as motor contract carriers or motor common carriers; and for other purposes.
Representative McDonald of the 12th moved that the House insist on its position in disagreeing to the Senate substitute to HB 376 and that a Committee of Conference be appointed on the part of the House to confer with a like com mittee 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:

Representatives McDonald of the 12th, Smith of the 78th and Coleman of the 118th:

HB 580. By Representative Murphy of the 18th:
A Bill to amend an Act known as the "Georgia Residential Finance Agency Act", so as to change the membership of the Authority; to pro-

THURSDAY, MARCH 20, 1975

3523

vide for a minimum percentage of each bond issue to be placed in the capital reserve fund; and for other purposes.

Representative Horton of the 43rd moved that the House insist on its posi tion in disagreeing to the Senate substitute to HB 580 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

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

Representatives Horton of the 43rd, Kilgore of the 65th and Bailey of the 72nd.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:
HB 791. By Representatives Ross of the 76th, Evans of the 84th, Lane of the 81st and others: A Bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to clarify certain provisions and make certain techinical corrections.
HB 867. By Representatives Bailey and Lee of the 72nd, Howard of the 19th and Harrison of the 20th: A Bill to amend Code Title 92, relating to public revenue, so as to change the date unpaid taxes shall commence bearing interest; to change the submission date for certain reports required of tax collectors; to change the date for making final settlements with both the State and county.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 430. By Representatives Reaves of the 147th, Keyton of the 143rd, Long of the 142nd and others:
A Bill to be known as the "Buying Services Act of 1975"; to regulate and control buying services and buying clubs; to provide that any person

3524

JOURNAL OF THE HOUSE,

who is elected to become a member of a buying service or buying club may cancel such membership under certain circumstances.

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

HB 858. By Representatives Tolbert and Davis of the 56th, Harden of the 154th and others:
A Bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to prohibit the employment of certain persons as teachers.

HB 841. By Representatives Knight of the 67th, Bray of the 70th, Larsen of the 119th and others.
A Bill to provide that it shall be unlawful for any person to avoid or attempt to avoid the payment for telecommunication services.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 860. By Representative Hatcher of the 131st:
A Bill to repeal Code Section 24A-2304 relating to commitment of certain children by the Juvenile Court to the custody of the Department of Cor rections; and for other purposes.

The following Senate amendment was read: The Senate offers the following amendment: Amend HB 860 on Page 1, line 3, by adding after the word "Cor
rections", the following: "to provide an effective date;",
and By renumbering Section 2 as Section 3,
and By adding a new Section 2 to read as follows: "Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."

THURSDAY, MARCH 20, 1975

3525

Representative Hatcher of the 131st moved that the House agree to the Senate amendment to HB 860.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate amendment to HB 860 was agreed to.

HB 292. By Representatives Howard of the 19th and Karrh of the 106th:
A Bill to amend an Act to provide minimum salaries for the county sheriffs of Georgia; and for other purposes.

The following Senate amendments were read:
Senate amendment No. 1.
The Senate moves to amend HB 292 by adding a new section number ed 3 to read as follows:
"Section 3. This Act shall become effective on July 1, 1975."
Senate amendment No. 2. The Senate moves to amend HB 292 by adding a new Section 2 to
read as follows: "Section 2, Said Act is further amended by striking Section 4 thereof, which reads as follows: "Section 4. Any increase in pay resulting from the provisions of this Act shall not be effective with respect to any sheriff during his current term of office." in its entirety and renumbering the remaining sections accordingly.

Representative Carrell of the 75th moved that the House agree to the Senate amendments to HB 292.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander
Bailey Banks Battle Baugh
Berry Blackshear Bowman
Brown

Buck Carnes Carr Carrell
Clark, Betty Clark, L. Coleman Collins
Connell Cooper Cox
Davis

Dean Dent Edwards, C. W. Edwards, W.
Foster, P. W. Gammage Glover Greer
Ham Harden Harrison
Hatcher

3526
Hill, B. L. Hill, G. Horton Howard Howell Hudson Hutchinson Jessup Johnson, W. R. Jones Karrh Kilgore Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee Leggett Long

JOURNAL OF THE HOUSE,

Lucas Mann Marcus McCollum McKinney Miles Milford Nessmith Nix Noble Owens Oxford Parham Parrish Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Rainey

Randall Rush Russell, J. Scott Shanahan
Sheats Sigman Sizemore Smith, J. R. Smith, V .B. Stone Thomason Thompson Tolbert Tucker Twiggs West White Wilson

Those voting in the negative were Representatives

Beck Beckham Bray Carlisle Carter Chance Childers Childs Cole Colwell Crawford Culpepper Daugherty Dixon Dover Egan Elliott Evans, W. D. Felton Foster, R. L.

Gignilliat Glanton Hamilton Harris, B. B. Hawkins Hays Holmes Irvin, R. Jackson Johnson, R. Jordan Keyton King Larsen, G. K. Leonard Linder Matthews, D. R. McDonald Mullinax Parkman

Phillips, R. T. Ray Richardson Ross Russell, W. B. Sams Smyre Snow Sweat Townsend Waddle Walker Wall Ware Watson Whitmire Williamson Wood

Those not voting were Representatives:

Bargeron Bolster Burruss Burton Calhoun Castleberry Clifton Evans, D. Fraser

Harris, J. G. Harris, J. F. Irvin, J. Irwin Knight Logan Matthews, C. Mostiler Phillips, W. R.

Pinkston Reaves Taggart Toles Triplett Vaughn Wheeler Williams Mr. Speaker

THURSDAY, MARCH 20, 1975

3527

On the motion, the ayes were 95, nays 58.

The motion prevailed and the Senate amendments to HB 292 were agreed to.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its disagreement to the House Substitute and has appointed a Committee of Conference on the following Bill of the Senate, to-wit;

SB 72. By Senators Garrard of the 37th and Shapard of the 28th:
A Bill 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 provide for a Georgia Marriage and Family Counselor Licensing Board, the appointment of its members and its powers and duties.

The President has appointed as a committee of conference the following Sena tors: Shapard of the 28th, Garrard of the 37th and Lester of the 23rd.

The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House substitute thereto:

SB 72. By Senators Garrard of the 37th and Shapard of the 28th:
A Bill to regulate the practice of marriage and family counseling in the State of Georgia; and for other purposes.

Representative Linder of the 44th moved that the House insist on its position in substituting SB 506 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:
Representatives Linder of the 44th, Marcus of the 26th and Richardson of the 52nd.

3528

JOURNAL OP THE HOUSE,

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

Mr. Speaker:

The Senate insists on its Substitute to the following Bill of the House, to-wit:

HB 170. By Representatives Murphy of the 18th, Vaughn of the 57th, Burruss of the 21st, and others:
A Bill to make and provide appropriations for the fiscal year beginning July 1, 1975, and ending June 30, 1976; to make and provide such ap propriations 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 governmental activities.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 271. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A Bill to amend an Act known as the "Georgia Peace Officers Standards and Training Act", as amended, so as to provide that the membership of the Council shall include the Commissioner of the Department of Public Safety or his designee; to redefine the terms "peace officer" and "law enforcement unit"; and for other purposes.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend SB 271 as follows:
By striking the following words in lines 29 through 31 on page 2 of the Title:
"and that any arrest by a peace officer who does not meet the certification requirements of this Act or the exemptions thereto shall be void".
and by substituting in lieu thereof the following:
"to provide that any peace officer who does not comply with the provisions of this Act shall not be authorized to exercise the powers of law enforcement officers, generally and particularly shall not be authorized to exercise the powers of arrest; to provide that the Council is authorized to bring a civil action against a peace officer

THURSDAY, MARCH 20, 1975

3529

who does not comply with the provisions of this Act to enjoin that officer from the performance of any and all functions of a peace officer; to provide that the Council is authorized to bring a civil action against a law enforcement unit who employs a peace officer who is not in compliance with this Act to enjoin such law enforce ment unit from allowing such peace officer to perform any and all functions of a peace officer".

By inserting on line 22 on page 4, after the word and symbol "Act", the following:

" 'Peace Officer' shall also mean an investigator who is employed under the Secretary of State who has the power of arrest."

An amendment, offered by Representative Bolster of the 30th, was read and lost.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 113, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following committee report from the Committee on Rule^ was read and adopted:
Mr. Speaker: Your Committee on Rules met and submits the following supplement to the
calendar already adopted this March 20, 1975, by adding the following:

HB 1166. Commissioner of Agriculture; Establish Farmers Market.

Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, Lee of the 72nd, Chairman.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

3530

JOURNAL OF THE HOUSE,

HB 1166. By Representatives Whitmire, Wood and Jackson of the 9th and Irvin of the 10th:
A Bill to amend an Act providing for and authorizing the Commissioner of Agriculture to establish farmers markets in this State and to authorize the Commissioner of Agriculture to make necessary rules and regula tions to properly conduct such markets and to provide for embargoes and prohibit the sale of vegetables, fruits, etc.; and for other purposes.

The following amendment was read and adopted:
Representative Ham of the 80th and Whitmire of the 9th move to amend HB 1166 as follows:
By striking from line 8 of page 2 the following:
"processers and retailers",
and inserting in lieu thereof the following:
"processors and wholesalers".
By inserting following the word and symbol "week.", on line 12 page 2 the following:
"The term 'dealer' shall not include retailers.".
By striking from line 13 of page 2 the following:
"processers",
and inserting in lieu thereof the following: "processors".
By inserting between lines 18 and 19 of page 2 the following:
"(6) 'Wholesaler' means any person, firm or corporation, in cluding processors, selling to one or more retailers".
By adding, following the word and symbol "Agriculture.", on line 4 of page 4, the following:
"The Commissioner is hereby authorized to waive said inspec tion fee at any time.".
By striking from line 5 of page 4, and from line 10 of page 4 the following:

THURSDAY, MARCH 20, 1975

3531

and inserting in lieu thereof the following: "dealer, processor, wholesaler or broker".

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 107, nays 0.

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

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 841. By Representatives Knight of the 67th, Bray of the 70th, Larsen of the 119th and others:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to avoid or attempt to avoid the payment for telecommunication services; and for other purposes.

The following Senate amendment was read:
The Senate offers the following amendment:
Amend HB 841 on Page 3 by striking lines 7 and 8 in their entirety and substituting in lieu thereof the following:
"a felony and upon conviction thereof, shall be fined not more than $1,000.00 or imprisoned not more than five years".

Representative Knight of the 67th moved that the House agree to the Senate amendment to HB 841.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, Marvin Alexander Bailey Battle Baugh

Beck Bolster Bowman Buck Burton Calhoun

Carlisle Carnes Carrell Castleberry Chance Childers

3532
Clark, L. Clifton Cole Coleman Colwell Connell Cooper Crawford Culpepper Davis Dean Dent Dover Edwards, C. W. Edwards, W. Egan Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glanton Glover Greer Harden Harris, B. B. Harrison Hatcher Hawkins Hays Hill, G. Horton Howard Howell Hudson

JOURNAL OF THE HOUSE,

Hutchinson Irvin, J. Irvin, R. Jackson Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore King Knight Kreeger Lane, Dick Lane, W. J. Lee Leggett Leonard Linder Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald McKinney Miles Milford Mostiler Mullinax Nessmith Nix Noble Owens Oxford

Parham Parkman Parrish Patten, G. C. Phillips, R. T. Phillips, W. R. Pinkston Ray Reaves Richardson Ross Russell, J. Russell, W. B. Sams Scott Shanahan Sheats Sigman Sizemore Smith, V. B. Smyre Snow Stone Thomason Thompson Tolbert Townsend Triplett Tucker Twiggs Waddle Walker Wall Ware Watson Whitmire Wilson Wood

Those voting in the negative were Representatives:

Banks Blackshear Carter Clark, Betty Daugherty

Dixon Ham Hamilton Hill, B. L. Holmes

Larsen, G. K. Phillips, L. L. Sweat Taggart

Those not voting were Representatives:

Adams, John Bargeron Beckham Berry Bray

Brown Burruss Carr Childs Collins

Cox Elliott Harris, J. G. Harris, J. F. Irwin

Jessup Lambert Larsen, W. W. Matthews, C. Patten, R. L. Peters Petro

THURSDAY, MARCH 20, 1975

3533

Rainey Randall Rush Smith, J. R. Toles Vaughn

West Wheeler White Williams Williamson Mr. Speaker

On the motion, the ayes were 132, nays 14.

The motion prevailed and the Senate amendment to HB 841 was agreed to.

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

SB 351. By Senator Pearce of the 16th:
A Bill to amend an Act regulating the charges and interest on loans secured by secondary security deeds on certain residential property sub ject to a prior lien or a security deed, as amended, so as to clarify the definition of "rate of charge"; and for other purposes.

An amendment, offered by Representative Williamson of the 45th, was read and lost.

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

On the passage of the Bill, the ayes were 105, nays 17.

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

HB 1018. By Representative Russell of the 64th:
A Bill to require State and local authorities created by law in this State in the purchase of and contracting for supplies, materials and equipment to give preference to materials, supplies and equipment manufactured or produced in the State; to provide that such preference shall not sacrifice price or quality; and for other purposes.

The following amendment was read and adopted:

Representative Patten of the 149th moves to amend HB 1018 so as to include agricultural products on lines 3, 4, 11 and 13 in the proper places.

3534

JOURNAL OF THE HOUSE,

An amendment, offered by Representative Petro of the 46th, was read and lost.

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

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

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Banks Battle Baugh Beck Bolster Bowman Bray Brown Buck Burruss Burton Carlisle Carnes Carr Carrell Carter Castleberry Chance Childers Clark, L. Clifton Cole Coleman Collins Colwell Connell Cooper Culpepper Daugherty Davis Dean Dent Dixon Dover Edwards, C. W. Edwards, W. Egan

Evans, B. Evans, W. D. Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glanton Glover Greer Ham Hamilton Harden Harrison Hatcher Hawkins Hays Hill, B. L. Hill, G. Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jackson Jessup Johnson, R. Johnson, W. R.
Jones Karrh Keyton Kilgore King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.

Lee Leggett Leonard Linder Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald McKinney Miles Milford Mostiler Mullinax Nessmith Nix Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Ray Reaves Richardson Ross Russell, J. Russell, W. B. Scott Shanahan

THURSDAY, MARCH 20, 1975

3535

Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone

Sweat Taggart Thomason Thompson Tolbert Triplett Twiggs Waddle

Walker Wall Watson White Whitmire Wilson Wood

Voting in the negative were Representatives Betty Clark and Jordan.

Those not voting were Representatives:

Bargeron Beckham Berry Blackshear Calhoun Childs Cox Crawford Elliott Pelton

Harris, B. B. Harris, J. G. Harris, J. F. Irwin Knight Matthews, C. Randall Rush Sams Toles

Townsend Tucker Vaughn Ware West Wheeler Williams Williamson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 149, nays 2.

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

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

HR 383. By Representative Lambert of the 112th:
A RESOLUTION
Amending the Rules of the House; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House are hereby amended by inserting between Rule 140 and 141 a new Rule 140A, to read as follows:
"Rule 140A. When at least twenty-five percent of the members of any Committee of the House shall request in writing that the Committee consider any bill or resolution which has been referred to the Committee, the Chairman of such Committee, on the dav following that date on which such request shall be delivered to him, shall call the Committee into session, and the Committee shall report said bill or resolution back to the House with or without such recom-

3536

JOURNAL OP THE HOUSE,

mendation as the Committee shall make. In the event that the House, due to recess or adjournment, shall prevent the Committee from meeting as above provided, the Chairman shall cause the Committee to meet on the first day the House shall reconvene."

The following Resolutions of the House were read and adopted:

HR 384. By Representatives Hawkins of the 50th, Bray of the 70th, Howell of the 140th and others:

A RESOLUTION
Commending Mr. Bob Harrell; and for other purposes.
WHEREAS, Mr. Bob Harrell has, for seven years, written the column, "Dateline Georgia", in the Atlanta Constitution; and
WHEREAS, Bob has traveled the great State of Georgia, probably seeing and enjoying more of its people and places than any other person; and
WHEREAS, in "Dateline Georgia", he has with great charm and skill recorded the truly interesting people and places of the State; and
WHEREAS, Bob has written with equal warmth and interest about the cotton gin house in Lumpkin, Captain William Cone's exploits at St. Marys, the one-armed fiddle player and persimmon beer in Jersey, Dooly Fold of Towaliga and many, many other people and places; and
WHEREAS, if you cannot travel much these days, you can see Georgia through the sensitive eyes of Fob Harrell.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the House of Representatives expresses its great and profound appreciation for Bob HarrelPs great writing skill and the fact that he has recorded for posterity the heart and soul of the State of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Mr. Bob Harrell.
HR 385. By Representatives Tolbert, Davis and Ray of the 56th and Jordan of the 58th:
A RESOLUTION
Commending Mrs. Bernice McCullar; and for other purposes.
WHEREAS, Mrs, Bernice McCullar has compiled a long and dis tinguished career as an educator in this State; and

THURSDAY, MARCH 20, 1975

3537

WHEREAS, Mrs. McCullar, through her enlightened instruction, has inspired her many students to acquire a thirst for the study of history; and

WHEREAS, Mrs. McCullar has been an active participant in the civil life of her community and has contributed of her time and talent to many worthy causes.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this body does hereby commend and con gratulate Mrs. Bernice McCullar upon her many outstanding accomplish ments and for her distinguished career as an educator of the young people 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. Bernice McCullar.

HR 386. By Representative Jones of the 126th:
A RESOLUTION
Expressing appreciation to Rev. John Errell Horton, Jr.; and for other purposes.
WHEREAS, the Rev. John Errell Horton, Jr. has served as Chap lain of the Georgia House of Representatives on two separate occasions; and
WHEREAS, the Rev. Horton is an outstanding minister and Chris tian leader in his community and the State of Georgia; and
WHEREAS, the Rev. Horton was recognized as the pastor and leader of the White Bluff United Methodist Church when it was named the Church of the year in the Savannah District during 1973-1974; and
WHEREAS, the Rev. Horton is noted for his talents in art and athletics; and
WHEREAS, the Rev. Horton has served on numerous boards, com mittees and commissions of the Methodist Church; and
WHEREAS, the Rev. Horton is known for his enthusiasm and suc cess as a Christian counselor, speaker, pastor and man of God.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their respect for, confidence in, and appreciation to the Rev. John Errell Horton, Jr. for his dynamic spiritual leadership to this body, to his community and the State of Georgia.

3538

JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the Rev. John Errell Horton, Jr. and the White Bluff United Methodist Church.

HR 387. By Representatives Patten of the 146th, Russell of the 64th, Logan of the 62nd and others:
A RESOLUTION
Urging the Metropolitan Atlanta Rapid Transit Authority (MARTA) to purchase and contract for supplies, materials and equipment manufactured or produced in this State and to employ Georgians; and for other purposes.
WHEREAS, the rapid transit system that MARTA will construct will cost 2.1 billion dollars; and
WHEREAS, it is estimated that this project will generate 474.6 million dollars per year in extra personal income for Georgians; and
WHEREAS, it is estimated that 40% of this additional personal income for Georgians will go to residents outside of the five county metropolitan Atlanta area; and
WHEREAS, it is estimated that the project will generate an average of 35,349 additional jobs per year over the next ten years, 60% of which will be within the five county metropolitan Atlanta area; and
WHEREAS, it is estimated that the State will accumulate an esti mated 162 million dollars in extra revenue from sales and income taxes during the next ten years as a result of the project; and
WHEREAS, in building and operating the rapid transit system, as authorized by this body in the Metropolitan Atlanta Rapid Transit Au thority Act of 1965 (Ga. Laws 1965, p. 2243), as amended, MARTA should, in its purchases and contracts, make every effort to purchase materials, supplies and equipment manufactured in Georgia and to employ Georgians so that the projected benefits to the State mentioned above can be realized or exceeded.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby urge the Metro politan Atlanta Rapid Transit Authority, in its purchases and contracts, to make every effort to purchase materials, supplies and equipment manufactured in Georgia and to employ Georgians so that the estimated benefits to the State can be realized or exceeded.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and direc' < U) i-ansinit ai; appropriate copy of this resolution to the Board r.\ i: <'_. ;. .- ui' tl-; Metropolitan Atlanta Rapid Transit Author it' .

THURSDAY, MARCH 20, 1975

3539

HR 388. By Representatives Howell of the 140th, Vaughn of the 57th, Carlisle of the 71st and many others:

A RESOLUTION

Commending Mr. Steve Polk; and for other purposes.

WHEREAS, Mr. Steve Polk has served with great dedication and ability since the 7th day of October, 1968, as Director of Administration of the Georgia Building Authority; and

WHEREAS, among his many duties is the beautification and main tenance of the grounds and buildings at the State Capitol and the build ings and facilities adjacent thereto; and

WHEREAS, during the time he has served as Director of Admin istration, great strides have been made in the improvements to the State Capitol and adjacent facilities; and

WHEREAS, the State Capitol and other buildings and facilities adjacent thereto are among the State's most valuable resources; and

WHEREAS, during the time he has served as Director of Admin istration of the Georgia Building Authority, substantial progress has been made in the beautification of the grounds, the appearance of the buildings and maintenance of the facilities under the jurisdiction of the Georgia Building Authority; and

WHEREAS, it is only fitting and proper that Mr. Steve Polk be recognized and commended for the outstanding service he has rendered to the State of Georgia as Director of Administration of the Georgia Building Authority.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and express its deepest appreciation to Mr. Steve Polk for the outstanding service he has rendered to the State of Georgia as Director of Administration
of the Georgia Building Authority.

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. Steve Polk.

HR 389. By Representative Gammage of the 17th:
A RESOLUTION
Expressing regrets .at the passing of Mr. Luther Franklin Butler; and for other purposes.

3540

JOURNAL OP THE HOUSE,

WHEREAS, Mr. Luther Franklin Butler, a longtime member of the Department of Public Safety, passed away November 23, 1974; and

WHEREAS, Mr. Butler joined the Department of Public Safety in 1946 and retired in August, 1974; and

WHEREAS, he repeatedly and without thought for his own personal safety risked his own life to protect the lives and property of the citi zens of this State; and

WHEREAS, Mr. Butler served as President of the Peace Officer's Association for two terms, 1966 and 1967; and

WHEREAS, he was extremely well-liked and highly regarded by residents throughout this State and his contributions to the State and his community will be sorely missed.

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 Mr. Luther Franklin Butler, a loyal and dedicated member of the Department of Public Safety.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the family of Mr. Luther Franklin Butler.

HR 390. By Representative Gammage of the 17th:
A RESOLUTION
Commending Mr. John Thomas Baird; and for other purposes.
WHEREAS, Mr. John Thomas Baird retired December 31, 1974, after 25 years of faithful service with the Department of Public Safety; and
WHEREAS, after serving in the armed forces during World War II, Mr. Baird joined the police department of Porterdale for five years; and
WHEREAS, he served with the Department of Public Safety in Perry and Blue Ridge before coming to Cedartown in 1955; and
WHEREAS, he is very active in the religious, civic and public affairs of his county and is well-liked by everybody in the community; and
WHEREAS, it is only fitting and proper that Mr. Baird be recog nized and commended for the outstanding work which he did for the Department of Public Safety.

THURSDAY, MARCH 20, 1975

3541

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Mr. John Thomas Baird for his outstanding work with the
Department of Public Safety and wishes him every success in his retire ment.

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. John Thomas Baird.

HR 391. By Representative Gammage of the 17th:
A RESOLUTION
Expressing regrets at the passing of the Honorable Frank Edgeworth Lott; and for other purposes.
WHEREAS, the Honorable Frank Edgeworth Lott served with dis tinction as the Sheriff of Polk County until his death June 23, 1974; and
WHEREAS, he was widely known throughout the State for his effective and efficient law enforcement programs; and
WHEREAS, he repeatedly and without thought for his own personal safety risked his own life to protect the lives and property of the citizens of Polk County; and
WHEREAS, he was extremely well-liked and highly regarded by the residents of Polk County and his contributions to the community will be sorely missed; and
WHEREAS, Sheriff Lett's dedication to his duties should be an inspiration to all Georgians in developing respect for law and order.
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 the Honorable Frank Edgeworth Lott of Polk County.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the family of the Honorable Frank Edgeworth Lott.

HR 392. By Representative Gammage of the 17th: A RESOLUTION
Commending Honorable William M. Moss; and for other purposes.
WHEREAS, Honorable William M. Moss is the distinguished Chief of Police in Cedartown, Georgia; and

3542

JOURNAL OF THE HOUSE,

WHEREAS, he is always knowledgeable in the latest crime pre vention and crime detection techniques; and
WHEREAS, Mr. Moss repeatedly and without thought for his own personal safety risked his own life to protect the lives and property of the residents of Cedartown; and

WHEREAS, Mr. Moss is a Charter Member of the Georgia Asso ciation of Chiefs of Police and has served as President for two terms, 1968-69 and 1969-70; and

WHEREAS, in 1970, he was voted the outstanding chief of the year by the Association; and

WHEREAS, Mr. Moss is very active in the civic, religious and public affairs of his community and is well-liked by everybody.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Honorable William M. Moss for his outstanding work and leadership as the Chief of Police in Cedartown, Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Honorable William M. Moss.

HR 393. By Representatives Kilgore of the 65th, Wood of the 9th, Tolbert of the 56th and others:
A RESOLUTION
Commending the Douglas County-Douglasville Civil Defense; and for other purposes.
WHEREAS, the Douglas County-Douglasville Civil Defense relent lessly tackled the elements to aid tornado and flood victims during the first part of March; and
WHEREAS, the staff and volunteers of the Douglas CountyDouglasville Civil Defense devoted their time, both night and day, and contributed their cars, boats and other items to assist the hungry and homeless men, women and children in the tornado and flood ravaged areas; and
WHEREAS, it is the desire of the members of this Body to com mend the Douglas County-Douglasville Civil Defense staff and volun teers for the professional manner in which they conducted themselves and for their selfless and untiring efforts on behalf of their less fortu nate neighbors and friends.

THURSDAY, MARCH 20, 1975

3543

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend the Douglas County-Douglasville Civil Defense staff and volunteers for their out standing efforts during the recent tornado and flood disaster which struck the Douglas County-Douglasville area.

BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and directed to forward appropriate copies of this Resolu tion to Mrs. Beegie Freeman, Director of the Douglas County-Douglas ville Civil Defense, and to BG Billy M. Jones, Director of Civil Defense of the State of Georgia.

HR 394. By Representatives Brown of the 34th, Horton of the 43rd, Lucas of the 102nd and many others:
A RESOLUTION
Congratulating Representative and Mrs. David Scott; and for other purposes.
WHEREAS, the lovely and gracious wife of the Representative from the 37th District, Mrs. David (Alfreda) Scott, gave birth to their second daughter, Marcye Michelle Scott, on March 19, 1975; and
WHEREAS, Marcye Michelle was born at Northside Hospital after a mad rush to the hospital in rush hour traffic; and
WHEREAS, both the mother and daughter are doing fine, but Representative Scott still acts a little harried and nervous; and
WHEREAS, the most delighted of the Scott family is Miss Dayna Scott, the older sister of Marcye Michelle; and
WHEREAS, the members of this Body share the happiness of Representative and Mrs. David Scott on this memorable occasion.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby express their heartiest congratulations to Representative and Mrs. David Scott upon the birth of their beuatiful baby daughter, Marcye Michelle Scott.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to Representative and Mrs. David Scott.

HR 395. By Representative White of the 132nd:
A RESOLUTION
Relative to the distribution of summaries of the general laws enact ed at each session; and for other purposes.

3544

JOURNAL OF THE HOUSE,

WHEREAS, the Legislative Counsel prepares, in booklet form, a summary of such laws each year and distributes the booklets to members of the General Assembly, State and local officials, members of the State Bar and other interested persons; and

WHEREAS, the Secretary of State cooperates with the Legislative Counsel in this distribution by furnishing the mailing list which the Sec retary of State maintains for distribution of materials from his office; and
WHEREAS, it would be desirable that the summary prepared by the Legislative Counsel be distributed to secondary schools, colleges and universities and libraries.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Legislative Counsel is hereby requested to distribute a summary of the general laws enacted at each session, in addition to the distribution presently made, to public and private second ary schools, to libraries of public and private colleges and universities, and to all other public libraries in this State.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Secretary of State and to the Legislative Counsel.

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

SB 221. By Senator Stephens of the 36th:
A Bill to amend an Act establishing a Municipal Court of the City of Atlanta (now the Civil Court of Fulton County), so as to change the cost deposit requirement, and the costs charged by the clerk and marshal of said court; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 358. By Senator Kidd of the 25th:
A Bill to provide for sick leave for teachers in certain public school systems (population not less than 34,000 or more than 34,500) ; and for other purposes. Referred to the Committee on Education.

SB 391. By Senators Hudgins of the 15th and Pearce of the 16th:
A Bill to provide for the creation of a Hospital Authority in each municipality of the State having a population in excess of 100,000 and located in a county having a population of not less than 165,000 nor more than 180,000; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.

THURSDAY, MARCH 20, 1975

3545

SB 393. By Senator Kennedy of the 4th:
A Bill to create the Multi-City Water and Sewerage Authority to func tion in Evans County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 396. By Senators Garrard of the 37th, Hudson of the 35th, Hamilton of the 34th and others:
A Bill to establish a promotional system for the police departments of all municipalities in this State with a population of 300,000 or more; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 397. By Senator Fincher of the 54th:
A Bill to amend an Act known as the "Litter Control Law", so as to add discarded automobiles to the definition of the term "litter"; and for other purposes. Referred to the Committee on Motor Vehicles.

SB 398. By Senator Stephens of the 36th:
A Bill to waive the governmental immunity of Fulton County from claims by Edna H. Sosby, widow of Thomas Franklin Sosby; Ada Lee Avery, widow of Coley Lewis Avery; and Marie Brown Skinner, mother of Gregory Lou Skinner; and Jack Cox; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SR 96. By Senator Reynolds of the 48th:
A Resolution proposing an amendment to the Constitution so as to amplify the areas of regulation of outdoor advertising and junk yards and the acquisition of necessary property interests adjacent to the Federal-Aid Highway Systems; and for other purposes. Referred to the Committee on Highways.

SR 168. By Senators Stephens of the 36th, Hudson of the 35th, Hamilton of the 34th and others:
A Resolution relative to the Atlanta Board of Education; and for other purposes. Referred to the Committee on Education.

SB 93. By Senators Coverdell of the 40th and Garrard of the 37th:
A Bill to amend an Act providing that cities having a population of more than 150,000 shall furnish pensions of officers and employees of such

3546

JOURNAL OF THE HOUSE,

cities and for such other purposes set forth in the caption of said Act and the several Acts amendatory of said Act; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 218. By Senator Stephens of the 16th:
A Bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, so as to change the corporate limits of said city; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 323. By Senator Langford of the 51st:
A Bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws relating to game and fish, so as to provide for lawful hours for bait shrimping; and for other purposes. Referred to the Committee on Game, Fish and Recreation.

SB 406. By Senator Tysinger of the 41st:
A Bill to amend an Act known as the DeKalb County Oglethorpe Hous ing Foundation Act, so as to change the short title of said Act; to change the name of the public body corporate and politic created by said Act; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SR 171. By Senator Dean of the 6th:
A Resolution authorizing and directing the State Department of Trans portation to designate a bridge in Wayne County as the "John Henry Lane, Jr., Bridge"; and for other purposes. Referred to the Committee on Highways.

SR 172. By Senator Reynolds of the 48th: A Resolution relative to Federal laws relating to outdoor advertising and junkyards; and for other purposes.
Referred to the Committee on Industry.
The following Bill of the House was taken up for the purpose of considering a proposed change on the Committee of Conference thereon:
HB 998. By Representatives Johnson and Thomason of the 8th: A Bill to amend an Act placing the sheriff, clerk of the superior court, and other officials of Cherokee County on a salary basis; and for other purposes.

THURSDAY, MARCH 20, 1&75

3547

The Speaker announced that Representative Mann of the 13th would replace Representative Harris of the 8th as a conferee due to the Appropriations Com mittee work assigned to Representative Harris.

The Speaker requested that the Journal record the fact that Representatives Harris of the 8th, Collins of the 144th and Vaughn of the 57th will be occupied with the Appropriations Committee of Conference work until the work of said committee is completed, thus explaining their absence from the Hall of the House and their not voting on some roll calls.

The following communication was received and read:

HOUSE OP REPRESENTATIVES Atlanta, Georgia

March 18, 1975

Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, Georgia 30334

Dear Mr. Speaker:

I would appreciate it if you would do this as a favor to me, as my doctors have limited my activities, and express my deepest appreciation to the House for their warm reception that was given to me. This was definitely the tonic that I was needing to help me get back on my feet, in more ways than one.

I appreciate the Speaker's invitation to me and also to my sister, who has been so wonderful in looking after me during my recent illness.

With best personal regards, I remain,

CM:mb

Sincerely yours, Chappelle Matthews

Representative Vaughn of the 57th 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.

3548

JOURNAL OP THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, March 21, 1975

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

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

Adams, G. D. Adams, John Adams, Marvin Bailey Banks Bargeron Battle Baugh Beck
Berry Bolster Bowman Buck Burruss Burton Calhoun Carnes Carr Carrell Carter Castleberry Chance Childers
Childs Clark, Betty Clark, L. Clifton Cole Coleman Collins Colwell Connell Cooper Cox Crawford Culpepper Dent Dixon Dover Edwards, C. W. Edwards, W. Egan Evans, B. Evans, W. D.

Felton Foster, P. W. Foster, R. L.
Fraser Gammage Gignilliat Glanton Greer Ham Hamilton Harden Harris, B. B. Harris, J. G. Harrison Hatcher Hawkins Hays Howard Howell Hudson Hutchinson
Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R.
Jones Jordan Karrh Keyton Kilgore King Knight Kreeger Lambert Lane, Dick Lee Leggett Leonard Linder Logan Long

Lucas Mann Marcus Matthews, D. R. McCollum
Miles Milford Mostiler Mullinax Nessmith
Nix Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall
Ray Reaves Richardson Ross Rush Russell, J. Russell, W. B. Sams Shanahan
Sheats Sigman Sizemore Smith, J. R. Smith, V. B.
Smyre Snow Stone Sweat

Taggart Thomason Thompson Tolbert Triplett Tucker Twiggs

FRIDAY, MARCH 21, 1975

3549

Waddle Walker Wall Ware Watson West

White Whitmire Williamson Wilson Wood Mr. Speaker

Those not answering were Representatives:

Alexander Beckham Blackshear Bray Brown Carlisle Daugherty Davis Dean

Elliott Glover Harris, J. F. Bill, B. L. Hill, G. Holmes Horton Lane, W. J. Larsen, G. K.
Larsen, W. W.

Matthews, C. McDonald McKinney Petro Scott Toles Townsend Vaughn Wheeler Williams

The following prayer was offered by the Reverend John E. Horton, Jr., Pastor, White Bluff United Methodist Church, Savannah, Georgia:
Father, I have never been a State Representative and I'm not sure what their needs are that I should pray about, but I'm trying to put myself in their places.
I'm sure some of us are tired, Lord, so give us strength and stamina, energy and alertness. The recesses have prolonged our days and we grow weary even in doing things we enjoy.
And if I were away from my family all week for a couple of months, I'd be lonely. And I'd pray for genuine friends--especially if I were here for the first time. And, Father, we pray for our families--our wives and children. Help them, Lord, while we are apart. It works a hardship on them for us to be away so much. I miss so many important things in their lives. And forgive me, Lord, that sometimes even when I'm home on the week-end, I don't take time to listen to my children as I should. Tommy was high scorer on the basketball team and I wasn't even there. Julie was sick and I wasn't there to help out. Dennis had a big dis appointment and I wasn't there to share it and help him carry the load. But all in all they are understanding, Lord, and I thank you very much for every one of them. Help me always be worthy of their love and trust.
And some of us are really torn way deep down inside because of the moral dilemmas we face in the general assembliy. There are times when we want to run and scream because the anguish gets to be more than we can bear. We see wrongs and want to right them only to find that the situation is complex and our choices are reduced tp the lesser of two evils. God help us. The harder we try the more futile our at-

3550

JOURNAL OF THE HOUSE,

tempts become. The more we learn the dumber we feel. The more prob lems we solve, the more problems are waiting to be solved. We cry to thee, 0 Lord, for wisdom, understanding, guidance and patience with one another.

And, most merciful Father, maybe some of us need to ask for forgiveness. We have not always done our best. We haven't told the whole truth. We have indulged ourselves. We have listened to the wrong voices. We have been insensitive to the poor, the handicapped, and the aging. Show us the error of our ways that with your help we may mend our paths.

Now we ask your blessing upon us in the closing hours. There is more to consider than time permits. And we will be tempted to hastily dispose of important matters.

As we enter the season when we remember our Lord's death and resurrection, we lay hold of the hope He has instilled within us.

Thank you for hearing us, O Lord, in behalf of these your servants. Grant to every one of them a special sense of Your nearness this day.

In the name of Christ our Lord, Amen.

Representative Nessmith of the 82nd, 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:

FRIDAY, MARCH 21, 1975

3551

HOUSE RULES CALENDAR

Friday, March 21,1975

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Friday, March 21, 1975, and submits the following:
SB 9. Retirement Pension Bills; Attach Fiscal Notes SB 32. Drug and Cosmetic; Labeling of SB 59. Probate Court Retirement Secretary Treasurer Board of Com. SB 66. Agrirama Dev. Authority; Eminent Domain SB 101. Teachers Retirement System; Post Ret. Ben Adust. SB 102. Teachers Retirement System; Eligibility-Service SB 106. Vital Records; Pronouncing Person Dead SB 110. Death, Testator, Devise of Realty SB 118. Disabled Veterans, Free Auto Tags SB 125. Legal Rate of Interest; Lender Charge; Service Charge SB 126. Interest on Loans; Lender Charge Service Fees SB 133. Power of Attorney; Death of the Principal SB 141. Campaign Financing Disclosure Act; Amend SB 148. Branch Banks; Within Adjacent Counties SB 149. Bank Facilities, Automated Teller SB 156. Helath Insurance Plan; State Personnel Board SB 161. Clinical Laboratories; Serologic Tests & Director SB 163. Mentally Retarded Offenders; Education, Etc. SB 166. Rules of the Road; Right Turn on Red SB 175. State Library; Relating to SB 176. Deeds to Secure Debt; Cancellation SB 188. Child Abuse, Confidential Records SB 240. Douglas Judicial Circuit; Create SB 246. Real Estate Brokers; Solicitation-Unlawful SB 247. Secondary Security Deeds; Change Int. on Principal Amount SB 249. Teachers, Principals, Termination-Contracts SB 251. Public Transportation Code; Contracts SB 282. College of Veterinary Medicine, Advisory Board

3552

JOURNAL OP THE HOUSE,

SB 285. Consumer Advisory Board, Create SB 292. Motor Vehicle Certificate of Title Act; Issuance SB 296. Board of Education, Liability Insurance SB 306. Depts. Agencies Etc; Atty. Gen. Employ Private Counsel SB 308. Certified Water and Wastewater, State Board of Examiners SB 311. Commercial Fishing Licenses; relative to SB 324. PSC; Operation of & The Administration of Duties SB 333. Civil Defense, Disasters SB 334. Motor Vehicles, Flashing or Revolving Lights SB 353. Off-Road Vehicles, Regulations SB 368. Deseased Employees' Survivors, Wages Increased SB 377. Cas. Ins.; Mandatory Agreements SB 395. Municipal Electric Auth; Instrumentality of State SR 36. Gasoline Tax Revenues; Special Study Committee SR 99. Honeybee, Official State Insect SR 109. Convey Property in Berrien County SR 110. Convey Property in Berrien County SR 116. Federal Community Disaster Loans; Cities & Counties

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Lee of 72nd Chairman.

Pursuant to House Rule 116, all Bills and Resolutions which required action by the Senate, were ordered immediately transmitted to the Senate.

The Speaker announced that Representative Connell of the 87th would be assisting the Appropriations Committee Conferees, Representatives Harris of the 8th, Vaughn of the 57th and Collins of the 144th in their Conference Committee deliberations and that each of the above named would therefore be excused from participation in the Floor proceedings of the House this day.

By unanimous consent, the Rules were suspended to permit the following Bills and Resolutions of the House to be introduced, read the first time and re ferred to the committees:

FRIDAY, MARCH 21, 1975

3553

HB 1213. By Representatives Smith of the 78th and Adams of the 79th:
A Bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to remove the exemptions from the taxes imposed by said Act; to provide that the rate of taxation im posed by said Act shall not be increased until all exemptions have been removed and repealed; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1214. By Representatives Hutchinson of the 133rd and Irwin of the 130th:
A Bill to amend Code Chapter 67-99, relating to the wrongful sale or removal of mortgaged property, so as to increase the punishment for the wrongful sale or removal of motor vehicles; and for other purposes. Referred to the Committee on Special Judiciary.

HB 1215. By Representatives Snow of the 1st, Walker of the 115th, Sams of the 90th, Carter of the 146th, Coleman of the 118th, Larsen of the 119th, Evans of the 99th, Culpepper of the 98th, Childs of the 51st, King of the 96th, Hatcher of the 131st, Russell of the 53rd, Karrh of the 106th and Irvin of the 23rd:
A Bill to amend the "Georgia Criminal Justice Act", so as to provide for the appropriation and distribution of State funds; to provide for appointment of local public defender attorneys; to provide for the elec tion by local counties or circuits of a method of providing representation for indigents in State and Superior Courts; and for other purposes.
Referred to the Committee on Judiciary.

HR 396-1215. By Representative Stone of the 138th:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Judge of the Superior Court of the Brunswick Judicial Circuit; and for other purposes. Referred to the Committee on Special Judiciary.
HR 397-1215. By Representative Dixon of the 151st:
A Resolution conveying certain real property to the City of Waycross; and for other purposes. Referred to the Committee on State Institutions & Property.
HR 398-1215. By Representatives Collins of the 144th, Mullinax of the 69th, Murphy of the 18th, Lambert of the 112th, Castleberry of the lllth, Cole of the 6th and Miles of the 86th:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of each county and municipality, subject to the approval of the electors of such political subdivisions, to exempt tangible personal property which is in transit from ad valorem taxation; and for other purposes. Referred to the Committee on Ways and Means.

3554

JOURNAL OP THE HOUSE,

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

SB 221. By Senator Stephens of the 36th:
A Bill to amend an Act establishing a Municipal Court of the City of Atlanta (now the Civil Court of Fulton County), so as to change the cost deposit requirement, and the costs charged by the clerk and marshal of said court; and for other purposes.

SB 358. By Senator Kidd of the 25th:
A Bill to provide for sick leave for teachers in certain public school systems (population not less than 34,000' or more than 34,500) ; and for other purposes.

SB 391. By Senators Hudgins of the 15th and Pearce of the 16th:
A Bill to provide for the creation of a Hospital Authority in each municipality of the State having a population in excess of 100,000 and located in a county having a population of not less than 165,000 nor more than 180,000; and for other purposes.

SB 393. By Senator Kennedy of the 4th:
A Bill to create the Multi-City Water and Sewerage Authority to func tion in Evans County; and for other purposes.

SB 396. By Senators Garrard of the 37th, Hudson of the 35th, Hamilton of the 34th and others:
A Bill to establish a promotional system for the police departments of all municipalities in this State with a population of 300,000 or more; and for other purposes.
SB 397. By Senator Fincher of the 54th:
A Bill to amend an Act known as the "Litter Control Law", so as to add discarded automobiles to the definition of the term "litter"; and for other purposes.
SB 398. By Senator Stephens of the 36th:
A Bill to waive the governmental immunity of Fulton County from claims by Edna H. Sosby, widow of Thomas Franklin Sosby; Ada Lee Avery, widow of Soley Lewis Avery; and Marie Brown Skinner, mother of Gregory Lou Skinner; and Jack Cox; and for other purposes.

SR 96. By Senator Reynolds of the 48th: A Resolution proposing an amendment to the Constitution so as to

FRIDAY, MARCH 21, 1975

3555

amplify the areas of regulation of outdoor advertising and junk yards and the acquisition of necessary property interests adjacent to the Federal-Aid Highway Systems; and for other purposes.

SR 168. By Senators Stephens of the 36th, Hudson of the 35th, Hamilton of the 34th and others:
A Resolution relative to the Atlanta Board of Education; and for other purposes.

SB 93. By Senators Coverdell of the 40th and Garrard of the 37th:
A Bill to amend an Act providing that cities having a population of more than 150,000 shall furnish pensions of officers and employees of such cities and for such other purposes set forth in the caption of said Act and the several Acts amendatory of said Act; and for other purposes.

SB 218. By Senator Stephens of the 36th:
A Bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, so as to change the corporate limits of said city; and for other purposes.

SB 323. By Senator Langford of the 51st:
A Bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws relating to game and fish, so as to provide for lawful hours for bait shrimping; and for other purposes.

SB 406. By Senator Tysinger of the 41st:
A Bill to amend an Act known as the DeKalb County Oglethorpe Hous ing Foundation Act, so as to change the short title of said Act; to change the name of the public body corporate and politic created by said Act; and for other purposes.

SR 171. By Senator Dean of the 6th:
A Resolution authorizing and directing the State Department of Trans portation to designate a bridge in Wayne County as the "John Henry Lane, Jr., Bridge"; and for other purposes.

SR 172. By Senator Reynolds of the 48th:
A Resolution relative to Federal laws relating to outdoor advertising and junkyards; and for other purposes.

3556

JOURNAL OF THE HOUSE,

Representative Harris of the 8th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations, has had under consideration the follow ing Bill of the Senate and has instructed me to report same back to the House with the following recommendation:
SB 321. Do Pass, as Amended.

Respectfully submitted, Shanahan of 7th, Vice Chairman.

Representative Rainey of the 135th District, Chairman of the Committee on Game, Fish and Recreation, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish and Recreation has had under consideration the following Bill of the Senate and has instructed me to report same back to the House with the following recommendation:
SB 323. Do Pass.
Respectfully submitted, Rainey of 135th, Chairman.

Representative Lane of the 81st District, Chairman of the Committee on High ways, submitted the following report:
Mr. Speaker:
Your Committee on Highways has had under consideration the following Resolutions of the Senate and has instructed me to report same back to the House with the following recommendation:
SR 96. Do Pass.
SR 171. Do Pass.
Respectfully submitted, Lane of 81st, Chairman.

FRIDAY, MARCH 21, 1975

3557

Representative 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 Senate and has instructed me to report same back to the House with the following recommendations:
SB 169. Do Pass.
SB 54. Do Pass, by Substitute.
SB 291. Do Pass.
SB 320. Do Pass.
Respectfully submitted, Snow of 1st, Chairman.

Representative Smith of the 78th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the Senate and has instructed me to report same back to the House with the following recommendations:
SB 361. Do Pass. SB 362. Do Pass. SB 400. Do Pass.
Respectfully submitted, Smith of 78th, Chairman.

Representative Buck of the 95th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the Senate and has instructed me to report same back to the House with the following recommendation:
SB 116. Do Pass.
Respectfully submitted, Buck of 95th, Chairman.

3558

JOURNAL OF THE HOUSE,

Representative Thompson of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the follow ing Bill of the Senate and has instructed me to report same back to the House with the following recommendation:
SB 263. Do Pass.

Respectfully submitted, Howard of 19th, Secretary.

Representative Colwell of the 4th District, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under considera tion the following Bills and Resolutions of the Senate and has instructed me to report same back to the House with the following recommendations:
SR 151. Do Pass, as Amended. SR 40. Do Pass. SB 262. Do Pass. SB 336. Do Pass. SR 157. Do Pass, as Amended.
Respectfully submitted, Colwell of 4th, Chairman.

Representative Adams of the 36th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs, has had under consideration the following Resolution of the Senate and has instructed me to report same back to the House with the following recommendation:
SR 144. Do Pass.
Respectfully submitted, Adams of 36th, Chairman.

FRIDAY, MARCH 21, 1975

3559

Representative Adams of the 36th 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 Legisla tion), 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

543. Do Pass.

HB 1087. Do Pass, by Substitute.

HB 1162. Do Pass.

HB 1177. Do Pass, by Substitute.

HB 1178. Do Pass.

HB 1179. Do Pass.

HR 371-1210. Do Pass.

SB

158. Do Pass.

SB

284. Do Pass.

SB

328. Do Pass, as Amended.

SB

364. Do Pass.

SB

379. Do Pass.

SB

382. Do Pass.

SR

163. Do Pass.

Respectfully submitted, Adams of 36th, Chairman.

Representative Collins of the 144th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the fol lowing Bill of the Senate and has instructed me to report same back to the House with the following recommendation:
SB 38. Do Pass.
Respectfully submitted, Miles of 86th, Vice-Chairman.

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JOURNAL OF THE HOUSE,

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

SB 369. By Senators Riley of the 1st and McDowell of the 2nd:
A Bill to fix the compensation of the judges of the Probate Courts in all counties of this State having a population of not less than 185,000 nor more than 190,000; and for other purposes.

The following amendment was read and adopted:
The Committee on State of Republic moves to amend SB 369 as follows:
By striking from Section 1, on line 16 of page 1, the following:
"$22,000.00",
and inserting in lieu thereof the following:
"$19,000.00".
By striking the last sentence from Section 1, beginning on line 17, which reads as follows:
"The base salary provided herein shall be increased by 2% % of the base salary provided above on April 1, of each year, be ginning on April 1, 1976.",
and inserting in lieu thereof the following:
"Such base salary shall be increased by 2%% of such base salary as of July 1 of each year with the first such increase be coming effective on July 1, 1976. The salary increases above the base salary provided for herein shall apply only to the same judge of probate court holding office from one year to the next, and in the event a new judge of probate court takes office, either by elec tion for a full term or to fill a vacancy for the unexpired term, the beginning compensation of such new judge of probate court shall be the base salary provided for herein until such judge of probate court holds office to qualify for the increases provided for herein."

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 150, nays 0.

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

FRIDAY, MARCH 21, 1975

3561

HB 1087. By Representatives Miles of the 86th, Connell of the 87th and Dent of the 85th:
A Bill to amend an Act creating the Richmond County Board of Tax Assessors so as to provide for the Chief Tax Appraiser; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act creating the Richmond County Board of Tax Assessors, approved April 17, 1973 (Ga. Laws 1973, p. 2812), as amended by an Act approved March 22, 1974 (Ga. Laws 1974, p. 3069), so as to change the provisions relative to the Chief Tax Ap praiser; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act creating the Richmond County Board of Tax Assessors, approved April 17, 1973 (Ga. Laws 1973, p. 2812), as amend ed by an Act approved March 22, 1974 (Ga. Laws 1974, p. 3069), is hereby amended by striking Section 5 in its entirety, and substituting in lieu thereof the following:
"Section 5. The Chief Tax Appraiser shall be hired by the board, subject to the approval of the county governing authority. The Chief Tax Appraiser shall, under the authority of and pursuant to the direction of the board, prepare and keep tax maps and other tax records; shall establish an equitable and scientific system of appraising property for taxation; give notice of assessment made by the Board as provided by law; and perform any and all other duties related to the assessment of taxable property as may be required by the board. He shall receive all returns required of tax payers by law within the county and the city, and all taxpayers shall be required to make a single return to the Chief Tax Appraiser, on such form as may be prescribed by the board on or before January 31 for the year 1976, and each year thereafter. The Chief Tax Ap praiser shall deliver all tax returns to the board, together with his recommended appraisal of the value of all property subject to taxation by both the city or the county."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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

On the passage of the Bill, by substitute, the ayes were 150, nays 0.

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JOURNAL OF THE HOUSE,

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

HB 1177. By Representative Wilson of the 19th:
A Bill to amend an Act providing for a new charter for the City of Marietta so as to extend the corporate limits of said city; and for other purposes.
A BILL
To be entitled an Act to amend an Act providing for a new charter for the City of Marietta, Georgia, approved August 15, 1904 (Ga. Laws 1904, p. 519), as amended, particularly by an Act approved March 25, 1974 (Ga. Laws 1974, p. 3412), so as to extend the corporate limits of said city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act providing for a new charter for the City of Marietta, Georgia, approved August 15, 1904 (Ga. Laws 1904, p. 519), as amended, particularly by an Act approved March 25, 1974 (Ga. Laws 1974, p. 3412), is hereby amended by adding after Section 2-M a new Section, to be known as Section 2-N, to read as follows:
"Section 2-N. In addition to that territory presently embraced within the corporate limits of the City of Marietta, Georgia, the following parcels of land shall be included within the corporate limits of said city:
Tract No. 1
All that tract or parcel of land lying and being in Land Lot 1211, 16th District, 2nd Section, Cobb County, Georgia, and being part of Lot 68 and all of Lot 67 of the H. C. Lassiter Subdivision as shown by plat thereof by J. P. Phillips, C. E., dated October 3, 1945, and recorded in Plat Book 6, Page 99, Cobb County Records, and being more particularly described as follows:
Beginning at the southeast corner of Lot 67 of said subdivision; thence northwest along the northeast side of Halsey Drive, 65 feet to the southwest corner of said Lot 67; thence continuing northwest along the northeast side of Halsey Drive, 5 feet to a point on the existing Marietta City limit line; thence northwest along the exist ing city limit line, 120 feet to a point on the southeast side of Gresham Avenue; thence northeast along the southeast side of Gresham Avenue, 40 feet to the northwest corner of Lot 69 of said subdivision; thence southeast along the southwest side of Lot 69, 60 feet to the southwest corner of Lot 69; thence east along the north side of Lot 67, 73 feet to the northeast corner of Lot 67; thence southwest along the southeast side of Lot 67, 103.5 feet to a

FRIDAY, MARCH 21, 1975

3563

point on the northeast side of Halsey Drive and the point of beginning.

Tract No. 2
All that tract or parcel of land lying and being in Land Lots 76 and 141, 17th District, 2nd Section, Cobb County, Georgia, as per plat of survey made by Robert T. Weaver, dated April 6, 1971, and being more particularly described as follows:

Beginning at an iron pin on the south side of Chestnut Hill Road's 50 foot right of way, which is 150 feet from the intersection of the south side of Chestnut Hill Road's right of way with the east side of Hickory Drive's right of way and which is the northeast corner of Lot 41 of Kings Mountain South Subdivision, and running thence easterly and northeasterly along the southerly and south easterly side of Chestnut Hill Road's right of way, 120 feet to an iron pin; running thence southeasterly, 408.8 feet to an iron pin; running thence westerly 164.8 feet to an iron pin on the east side of Lot 40 of said subdivision; running thence northerly along the easterly side of said Lot 40, 119 feet to an iron pin at the northeast corner of said Lot 40; running thence westerly along the north line of said Lot 40, 50 feet to an iron pin at the southeast corner of Lot 41 of said subdivision; running thence northwesterly along the north easterly side of said Lot 41, 228.3 feet to the iron pin at the point of beginning.

Tract No. 3
All that tract or parcel of land lying and being in Land Lot 997, 16th District, 2nd Section, Cobb County, Georgia, and being property shown on plat of survey prepared for John E. Livaditis by R. Dan Lord, Surveyor, dated June 28, 1963, which is more particularly described as follows:

Beginning at an iron pin at the northwest corner of said Land Lot and running thence south along the west original line of said Land Lot, 1576.8 feet to an iron pin on the northerly side of Allgood Road; thence easterly along the northerly side of said Allgood Road and following the curvature thereof 669.4 feet to an iron pin; thence north forming an interior angle of 112 degrees 20 minutes with the preceding course 300 feet to an iron pin; thence easterly forming an exterior angle of 102 degrees 57 minutes with the preceding course 100 feet to an iron pin; thence north forming an interior angle of 102 degrees 57 minutes with the preceding course 1011.4 feet to an iron pin on the north original line of said Land Lot; thence west forming an interior angle of 89 degrees 11 minutes 30 seconds with the preceding course 728.5 feet to the northwest corner of said Land Lot and the point of beginning; but there is excepted from the foregoing all the property heretofore conveyed by right of way deed from John E. Livaditis to the State Highway Department of Georgia, dated April 30, 1965, and recorded in deed book 843, page 299, Cobb County Records, which property is described as fol
lows:

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JOURNAL OF THE HOUSE,

Beginning at the intersection of the property line between the lands of the grantor and the lands now or formerly owned by R. E. McCleskey with the existing northwest right of way line of Allgood Road; running thence northerly along said property line to the intersection of a line which is 65 feet northwesterly of and parallel to the survey contour line of Allgood Road of Georgia Highway Project 1-75-3 (14) ; thence northeasterly along said parallel line to the west property line of the lands now or formerly owned by Trust Investment and Development Company, Inc.; thence southerly along said west property line to said existing right of way line; thence southwesterly along said existing right of way line back to the point of beginning, together with the right to relocate a certain driveway.

Tract No. 4
All that tract or parcel of land lying and being in Land Lot 1134, 16th District, 2nd Section, Cobb County, Georgia, and more particularly described as follows:

Beginning at a point on the southeast side of Roswell Road at the centerline of Sope Creek where said creek crosses the Highway 120 right of way; thence southeast along the centerline of Sope Creek 320 feet to a point; thence south 00 degrees 30 minutes west, 110 feet to an iron pin; thence south 40 degrees 43 minutes west, 111.72 feet to an iron pin; thence continuing south 40 degrees 43 minutes west, 105 feet to a point where this line intersects with the east right of way of State Highway 120 Loop; thence northwest along said right of way 540 feet to the centerline of Sope Creek and the point of beginning.

Tract No. 5
All that tract or parcel of land lying and being in Land Lot 1015, 16th District, 2nd Section, Cobb County, Georgia, and more particularly described as follows:

Beginning at a point 589.4 feet north of and as measured along the westerly property line of Church Street Extension from its intersection with the northerly property line of Tower Road, at the intersection of Tower Road and Church Street Extension, said beginning point being a corner marked by an iron pin; thence northerly along the westerly property line of Church Street Exten sion for a distance of 104.6 feet to a corner; thence westerly and forming an interior angle of 105 degrees 10 minutes a distance of 226.0 feet to a corner; thence southerly and forming an interior angle of 92 degrees 3 minutes a distance of 207.0 feet to a point; thence easterly and forming an interior angle of 86 degrees 13 minutes a distance of 109.2 feet to a corner; thence northerly and forming an interior angle of 86 degrees 51 minutes a distance of 104.2 feet to a corner; thence easterly and forming an exterior angle of 84 degrees 42 minutes a distance of 160.0 feet to a corner on the westerly property line of Church Street Extension forming an interior angle of 74 degrees 25 minutes with the said property line of said Church Street Extension and the point of beginning.

FRIDAY, MARCH 21, 1975

3555

Tract No. 6
All that tract or parcel of land lying and being in Land Lot 945 and 1000, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

Starting at a point on the northeast right of way line of Hayes Industrial Drive which point is 830.5 feet northwest of the point where the northwest right of way line of King Industrial Drive intersects the northeast right of way line of Hayes Industrial Drive; thence from said point of beginning southeasterly 324.1 feet along the northeast right of way line of Hayes Industrial Drive; thence northeast and forming an interior angle of 112 degrees 42 minutes to the last previous course for a distance of 79.7 feet; thence north west and forming an interior angle of 89 degrees 41 minutes to the last previous course for a distance of 350 feet; thence southwest and forming an interior angle of 90 degrees 31 minutes to the last previous course for a distance of 166.5 feet; thence on an arc along the east right of way line of Hayes Industrial Drive a distance of 74.5 feet to the point of beginning.

Tract No. 7
All that tract or parcel of land lying and being in Land Lots 732, 733, 780, and 781 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

Beginning at a point on the southwestern side of the 200 foot right of way of U. S. Highway #41, 210 feet southeasterly as measured along the southwestern side of U.' S. #41 Highway from the point formed by the intersection of the southeastern side of the 40 foot right of way of Smyrna-Roswell Road with the southwestern side of U. S. #41; running thence southeasterly along the south western side of U. S. Highway #41, 285 feet to an iron pin; running thence south 49 degrees 53 minutes west 753.9 feet to a concrete monument; running thence north 30 degrees 58 minutes west 610.9 feet to a concrete monument on the southeastern side of SmyrnaRoswell Road; running thence northeasterly along the southeastern side of Smyrna-Roswell Road, 471 feet to an iron pin; running thence south 39 degrees 30 minutes east 210 feet to an iron pin; running thence north 58 degrees 49 minutes east 200 feet to a point on the southeastern side of U. S. #41 Highway and the point of
beginning.

Also:
All that tract or parcel of land lying and being in Land Lot 732, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

Beginning at a point on the southeasterly right of way line of Smyrna-Roswell Road, said point being 200 feet southwest of the southwesterly right of way line of U. S. #41 Highway; thence run ning in a southwesterly direction along the southeasterly right of way line of Smyrna-Roswell Road for a distance of 471.05 feet to a

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.JOURNAL OF THE HOUSE,

point; thence running in a northwesterly direction for a distance of 40 feet to a point on the northwest right of way line of SmyrnaRoswell Road; thence running in a northeasterly direction along the northwest right of way line of Smyrna-Roswell Road for a distance of 471.05 feet to a point; thence running in a southeasterly direction for a distance of 40 feet to the point of beginning.
Tract No. 8
All that tract or parcel of land lying and being in Land Lots 580, 581, 644, and 645 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
Beginning at a point located on the common corner of Land Lots 580, 581, 644, and 645 and thence running north 00 degrees 18 min utes 25 seconds east along the westerly land lot line of Land Lot 645 a distance of 1248.21 feet to a point and corner, said point and corner being the common corner of Land Lot 579, 580, 645, and 646; thence running north 88 degrees 52 minutes 07 seconds east along the northerly land lot line of Land Lot 645 a distance of 552.90 feet to a point and corner, said point and corner being located on the southerly right of way of Franklin Road; thence running south 42 degrees 52 minutes 09 seconds west along the southerly right of way of Franklin Road a distance of 20.0 feet to a point and corner being located in the southerly right of way of Franklin Road; thence running south 52 degrees 50 minutes 48 seconds east along the southerly right of way of Franklin Road a distance of 151.46 feet, said distance being the tangent of an arc measuring 151.8 feet to a point, said point being located on the southerly right of way of Franklin Road; thence running south 59 degrees 31 minutes 25 seconds east along the southerly right of way of Franklin Road a distance of 291.08 feet to a point and corner, said point and corner being located on the southerly right of way of Franklin Road; thence running south 00 degrees 17 minutes 24 seconds east a distance of 1018.64 feet to a point and corner said point and corner being located on the southerly land lot line of Land Lot 645; thence running north 89 degrees 10 minutes 30 seconds west along the southerly land lot line of Land Lot 645 a distance of 922.71 feet to a point and corner being the common corner of Land Lots 645, 644, 580 and 581, and said point and corner being the point of beginning. Legal description is intended to yield a parcel of land containing 25.334 acres.

Tract No. 9
Tract 'E'--Parcel Two
All that tract or parcel of land lying and being in Land Lots 651 and 652, 17th District, 2nd Section, Cobb County, Georgia, and more particularly described as follows:
Beginning at an iron pin found at the corner common to said Land Lot 651 and Land Lots 646, 647 and 650 of said District, and running thence south 89 degrees 57 minutes east along the line separating said Land Lots 650 and 651 a distance of 276.7 feet to

FRIDAY, MARCH 21, 1975

3567

an iron pin found at the intersection of said Land Lot line with the southwest line of the right of way of Interstate Highway No. 75 (a 300 foot right of way) ; running thence south 53 degrees 29 minutes 30 seconds east along the southeast line of said right of way a distance of 1237 feet to a northwest corner of the property now or formerly owned by William P. Ramsden; running thence south 0 degrees 14 minutes east along the west line of said Ramsden property a distance of 20 feet more or less to the center line of a creek; running thence northwesterly along the centerline of said creek, and following the meanderings thereof, a distance of 440 feet more or less to a northwest corner of said Ramsden property; running thence south 0 degrees 43 minutes 30 seconds west along the west line of said Ramsden property a distance of 740 feet, more or less; continuing south 1 degree 6 minutes east along the west line of said Ramsden property a distance of 285 feet to a point; running thence south 34 degrees 9 minutes 30 seconds east along the west line of said Ramsden property a distance of 264.8 feet to the center of a 20 foot driveway easement; running thence south 68 degrees 57 minutes 30 seconds west along said center line a distance of 450 feet to a railroad spike found on the northeast line of the right of way of Franklin Road (a 50 foot right of way) ; running thence north 65 degrees 5 minutes 30 seconds west along the northeast line of said right of way of Franklin Road a distance of 769.2 feet to an iron pin found at the intersection of the northeast
line of said right of way of Franklin Road with the line separating
said Land Lot 652 and Land Lot 645 of said District; running
thence due north along said land lot line a distance of 368.2 feet
to an iron pin found at the corner common to said Land Lots 645,
646, 651 and 652; running thence north 0 degrees 6 minutes 30
seconds west along the line separating said Land Lots 646 and 651
a distance of 1300.4 feet to the iron pin found at the point of begin
ning, being 38.31 acres."

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 150, nays 0.

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

SB 328. By Senator Foster of the 50th:
A Bill to create and establish an Airport Authority for Rabun County; and for other purposes.

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JOURNAL OP THE HOUSE,

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend SB 328 as follows:

By striking from the title (page 2, line 9) the following:

"to exercise the power of condemnation;".

By striking Section 32 in its entirety.

By renumbering Sections 33 through 36 as Sections 32 through 35 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 150, nays 0.

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

HB 543. By Representative Brown of the 34th:
A Bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb so as to change the provisions relating to qualifications of Council 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 150, nays 0.

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

HB 1162. By Representatives Burruss and Kreeger of the 21st, Cooper of the 19th and others:
A Bill to amend an Act creating the Cobb Judicial Circuit so as to per mit the payment of a salary supplement to the judges; and for other purposes.

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

FRIDAY, MARCH 21, 1975 On the passage of the Bill, the ayes were 150, nays 0.

3569

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

HB 1178. By Representative Larsen of the 119th:
A Bill to amend an Act creating a board of commissioners of Laurens County so as to provide for a change in the compensation of the com missioners; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

HB 1179. By Representative Larsen of the 119th:
A Bill to authorize the governing authority in counties having a popu lation of not less than 32,700 and not more than 33,400 to determine the compensation of the county 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 150, nays 0.

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

SB 158. By Senator Sutton of the 9th:
A Bill to provide a new Charter for the City of Ellenton, Georgia, in' the county of Colquitt; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

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JOURNAL OP THE HOUSE,

SB 284. By Senator Sutton of the 9th:
A Bill to provide a new Charter for the City of Doerun, Georgia, in the County of Colquitt; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

SB 364. By Senators Barnes of the 33rd and Brantley of the 56th:
A Bill to amend an Act creating a new charter for the City of Kennesaw, as amended, so as to change the provisions relating to the election of Mayor and Councilmen; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

SB 379. By Senator Shapard of the 28th:
A Bill to amend an Act creating a Board of Commissioners for the counties of Spalding and Butts, as amended, so as to provide for admin istrative personnel and clerical assistance for the Board of Commissioners of Spalding 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 150, nays 0.

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

SB 382. By Senator Traylor of the 3rd:
A Bill to aemnd an Act creating the Board of Commissioners of Bryan County, as amended, so as to change the provisions relating to the election of members of the board; and for other purposes.

FRIDAY, MARCH 21, 1975

3571

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

On the passage of the Bill, the ayes were 150, nays 0.

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

HR 371-1210. By Representative Sigman of the 74th:
A Resolution creating the Newton County Local Legislative Study Committee; and for other purposes.

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

On the adoption of the Resolution, the ayes were 150, nays 0.

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

SR 163. By Senator Summers of the 53rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a certain disposition of fees, costs and fines received or collected by the Tax Commissioner of Chattooga County from the Board of Education of Chattooga County; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding a new paragraph at the end thereof, to read as follows:
"All fees, costs and fines as are now or may hereafter be al lowed by law to be received or collected by the Tax Commissioner of Chattooga County from the Board of Education of Chattooga County shall be collected by him for the sole use of the Board of Education of Chattooga County and shall be the property of the Board of Education of Chattooga County. Such funds shall be held as public funds belonging to the Board of Education of Chattooga County, and shall be accounted for and paid to the Board of Educa tion of Chattooga County by the fifteenth day of every month for the immediately preceding month."

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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 fees, costs and fines collected by the Tax Com-
( ) NO missioner of Chattooga County from the Board of Education of Chattooga County shall be the property of the Board of Education of Chattooga County?"

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

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

The 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 Representatives

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Banks Bargeron Battle Beck Beckham Berry Bolster Bowman Bray Brown Buck Burruss Burton Calhoun Carlisle Carter Castleberry

Chance
Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman Colwell Cooper Cox Crawford Culpepper Da vis Dent Dixon Dover Edwards, C. W. Egan Evans, B. Evans, W. D. Felton

Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Greer Ham Harden Harris, B. B. Harris, J. G. Harrison Hatcher Hawkins Hays Hill, B. L. Hill, G. Holmes Howard Howell Hudson Hutchinson Irvin, J.

Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R.
Jones Jordan Keyton Kilgore Knight Kreeger Lambert Lane, Dick Lee Leggett Leonard Linder Logan Long Lucas Mann Marcus McDonald McKinney Miles

FRIDAY, MARCH 21, 1975

3573

Milford Mostiler Mullinax Nix Noble Owens Oxford Parkman Parrish Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T. Pinkston Rainey Randall Reaves Richardson Ross Russell, J. Russell, W. B. Sams Scott Shanahan Sheats

Sigman Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Taggart Thomason Thompson
Tolbert Townsend Triplett Tucker Twiggs Waddle Walker Wall Ware Watson West White Whitmire Williamson
Wilson Wood

Those not voting were Representatives :

Baugh Blackshear Carnes Carr Carrell Collins Connell Daugherty Dean Edwards, W. Elliott Glanton

Glover Hamilton Harris, J. F. Horton Karrh King Lane, W. J. Larsen, G. K. Larsen, W. W. Matthews, C. Matthews, D. R. McCollum

Nessmith Parham Patten, G. C. Phillips, W. R. Ray Rush Sizemore Toles Vaughn Wheeler Williams Mr. Speaker

On the adoption of the Resolution, the ayes were 144, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

35*74

JOURNAL OF THE HOUSE,

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

Mr. Speaker:

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

HB 122. By Representatives Cole and Poster of the 6th: A Bill to amend the Georgia Private Detective and Private Security Agencies Act so as to exempt from the provisions of said Act private security activities of employers and employees which take place upon the premises of the employer and occur in connection with the affairs of the employer only.
HB 859. By Representative Hatcher of the 131st:
A Bill to amend Code Section 24A-1403, relating to the place of detention of children under the jurisdiction of juvenile courts in order to provide that juveniles shall not be detained in a jail pending a committal hearing or indictment unless detained in a room separate and removed from those for adults.
HB 1114. By Representatives Phillips of the 91st:
A Bill to provide for the election of members of the Board of Education of Harris County; to provide that the Board of Education of Harris County shall consist of five members; to provide for education districts.
HB 1116. By Representatives Phillips of the 91st: A Bill to amend an Act creating and incorporating the City of Shiloh so as to change the terms of office of the mayor and councilmen; to change the date for elections of the mayor and councilmen.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House, to-wit:
SR 169. By Senators Sutton of the 9th, Holloway of the 12th, and Riley of the 1st: A Resolution proposing an amendment to the Constitution so as to require the legislative process of the General Assembly to be open and accessible to the public; to provide that any action and the results of such action in contravention of this provision is void.

HR 376. By Representatives Jordan of the 58th, Davis of the 56th, Childs of the 51st and others:
A Resolution expressing appreciation to the DeKalb County School

FRIDAY, MARCH 21, 1975

3575

System for the delicious cookies that have been served to the General Assembly.

HR 113-434. By Representative Greer of the 43rd:
A Resolution authorizing and empowering the State Properties Commis sion to act for and on behalf of and in the name of the State of Georgia with respect to certain transactions involving State-owned real property located in Atlanta, Ga.

HR 150-618. By Representative Harris of the 8th: A Resolution authorizing the disposal of a tract of State-owned property.

HR 271-1056. By Representative Knight of the 67th:
A Resolution proposing an amendment to the Constitution so as to authorize the abolition of justice courts and the office of the justice of the peace and of notary public ex-officio justice of the peace in Coweta County; to provide for the establishment in lieu thereof of a small claims court.

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

HB 39. By Representatives Jordan of the 58th, Russell of the 53rd, Davis and Tolbert of the 56th and Hawkins of the 50th:
A Bill to amend an Act providing that any bill making a change in the amount of the compensation or allowances of any elected or appointed State official, department or agency head must be introduced in the General Assembly during the first ten days of any session thereof.

HB 91. By Representatives Cole and Foster of the 6th:
A Bill to amend Code Section 26-1704, relating to bad checks, so as to define the offense of criminal issuance of a bad check; to provide prima facie evidence of such offense; to provide punishments for such offense.

HB 455. By Representatives Waddle of the 113th, Walker of the 115th, Watson of the 114th and others:
A Bill to amend Code Chapter 23-3, relating to changes of county lines, so as to provide for a copy of the survey and plat evidencing a change in county lines to be filed with the Secretary of State.

HB 544. By Representatives Whitmire, Wood and Jackson of the 9th: A Bill to amend an Act known as the "Unliquidated Damages Interest

3576

JOURNAL OF THE HOUSE,

Act" so as to remove the limitation on the sum of unliquidated damages to which the interest shall apply.

HB 539. By Representatives Snow of the 1st, Walker of the 115th, Sams of the 90th and others:
A Bill to authorize the Governor to convene a committee to be composed of himself, the Chief Justice of the Supreme Court and the Chairman of the Judicial Council of Georgia to ascertain whether or not the Attor ney General is incapacitated and unable to perform the duties of his office by reason of sickness or other providential cause and thus unable to perform the duties of his office.

HB 675. By Representatives Evans of the 84th, Colwell of the 4th, Cox of the 141st, and others:
A Bill to amend an Act known as Georgia Building Authority Act, Amended - Security Guards, so as to provide that it shall be illegal to beg, panhandle, solicit, or to sell goods, ware, or other objects or services within State buildings, or on the grounds, sidewalks or other ways, ex cept under certain conditions and to authorize the Authority to provide for security guards under certain conditions.

HB 429. By Representatives Brown of the 34th, Patten of the 146th, Hill of the 127th and others:
A Bill to provide for the continuation of community action agencies in the State; to provide for the administration of this Act by the Executive Office of the Governor; to provide for the distribution of funds.

HB 473. By Representatives Williams of the 54th and Sigman of the 74th:
A Bill to provide that no gas or electric utility company or electric membership company or electric membership corporation shall cut off or suspend gas or electric service in any residence because the resident has failed to make timely payments for any appliance purchased from or any appliance repaired by such company or corporation.

HB 847. By Representative Hudson of the 137th:
A Bill to amend an Act regulating the practice of professional sani tarians so as to provide that it shall be unlawful to employ any person as a sanitarian trainee or as a sanitarian, who has not met the educa tional requirements for registration as a Registered Professional Sani tarian under the provisions of this Act.

HB 673. By Representatives Murphy of the 18th, and Vaughn of the 57th:
A Bill to amend Code Chapter 40-19, relating to the Supervisor of Purchases (now Commissioner of the Dept. of Administrative Services), so as to provide that fidelity bonds covering State employees procured

FRIDAY, MARCH 21, 1975

3577

by the Commissioner shall name as beneficiaries and insureds under the terms thereof all public officers and officials required by law to be bonded.

HB 868. By Representatives Murphy of the 18th, and Vaughn of the 57th:
A Bill to amend Code Section 89-418, which provides conditions of liability of public official bonds, so as to provide that no claim or cause of action shall exist on the bond, against the principal or surety shall have no claim or cause of action for indemnification from the principal, except under specified conditions.

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

HB 674. By Representatives Murphy of the 18th, and Vaughn of the 57th:
A Bill to provide that public officers and officials, holding statewide offices, who are required by law to be bonded, shall be indemnified for certain liabilities incurred in the performance of their duties.

HB 1086. By Representatives Miles of the 86th, Connell of the 87th, and Dent of the 85th:
A Bill to amend an Act placing certain county officers upon an annual salary approved March 28, 1961, so as to change certain of the provisions thereof pertaining to employees of the sheriff's office in such counties.

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

HB 1095. By Representative Mostiler of the 71st:
A Bill to amend an Act providing for a Board of Commissioners of Spalding County so as to change the composition of the Board of Com missioners of Spalding County.

HB 1134. By Representatives Colwell and Twiggs of the 4th:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County so as to change the provisions relative to the powers and duties of the Board of Commissioners of Fannin County.

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

3578

JOURNAL OF THE HOUSE,

HB 612. By Representatives Lee, West, Bailey and Johnson of the 72nd:
A Bill to amend an Act creating the Board of Commissioners of Clayton County so as to provide for the disposition of public property; to provide for allocation of funds for the promotion and advertisement of Clayton County.

HB 900. By Representative Connell of the 87th:
A Bill to amend an Act creating the charter of the City of Augusta, approved Jan. 31, 1798, so as to provide for additional investments in which pension funds of the City of Augusta may be invested.

HB 901. By Representative Connell of the 87th:
A Bill to amend an Act creating the Augusta Ports Authority, approved March 10, 1959, so as to provide for additional members of the Authority.

HB 1031. By Representative Connell of the 87th, Sams of the 90th and others:
A Bill to create the Augusta-Savannah River Parking and Urban Re development Authority.
HB 1044. By Representatives Poster and Wheeler of the 152nd:
A Bill to amend an Act placing certain county officers of Coffee County upon an annual salary so as to change the compensation of certain em ployees of the clerk of the superior court.
HB 1054. By Representative Knight of the 67th:
A Bill to amend an Act entitled "An Act to Incorporate the Town of Turin, in the County of Coweta" so as to change the terms of office of the Mayor and Aldermen; to delete the exemption of land used exclusive ly for agricultural purposes from ad valorem taxation.

HB 1068. By Representatives Murphy of the 18th, Gammage of the 17th, Kilgore of the 65th and others: A Bill to create the office of Assistant District Attorney of the Tallapoosa Judicial Circuit.
HB 1071. By Representatives Harris and Johnson of the 8th: A Bill to amend an Act creating a new charter for the City of Cartersville so as to delete therefrom certain provisions pertaining to the terms of office of the mayor and councilmen.
HB 1074. By Representatives Lambert of the 112th, and Carrell of the 75th: A Bill to amend an Act creating a new charter for the City of Rutledge so as to change the terms of office of the mayor and councilman.

FRIDAY, MARCH 21, 1975

3579

HB 1075. By Representatives Lambert of the 112th, and Mann, Clark and Milford of the 13th:
A Bill to stagger the terms of office of members of the Board of Education of Greene County.

HB 1078. By Representative Ross of the 76th:
A Bill to reincorporate the City of Sharon in the County of Taliaferro and to provide a new charter for said city.

HB 1083. By Representative Russell of the 64th:
A Bill to amend an Act to reincorporate the City of Winder in the County of Barrow so as to provide for certain matters relative to the election of certain councilmen; to provide certain qualifications upon the ability of the mayor to succeed himself.

HB 1082. By Representative Leonard of the 3rd:
A Bill to reincorporate the City of Tunnel Hill in the County of Whitfield; to create a new charter for said city.

HB 1091. By Representative Culpepper of the 98th:
A Bill to amend an Act placing the Sheriff of Peach County upon an annual salary in lieu of the fee system of compensation so as to change the provisions relating to arbitration concerning budget disputes.

HB 1125. By Representative Castleberry of the lllth:
A Bill to amend an Act creating a new charter for the town of Lumpkin so as to eliminate the prohibitions against the use of funds of the City of Lumpkin to provide water and sewage service, natural gas, paving, or drainage to certain areas of the city.

HB 1126. By Representative Jessup of the 117th:
A Bill to amend an Act creating the office of tax commissioner of Bleckley County so as to change the compensation of the clerks of the tax commissioner.

HB 1127. By Representative Jessup of the 117th:
A Bill to amend an Act fixing the salaries of certain county officers of Bleckley County so as to change the compensation of the clerk of the Judge of the Probate Court.

HB 1128. By Representative Jessup of the 117th: A Bill to amend an Act creating the office of commissioner of Bleckley

3580

JOURNAL OF THE HOUSE,

County so as to change the compensation of the clerical assistant to the commissioner.

HB 1129. By Representative Jessup of the 117th:
A Bill to amend an Act placing the sheriff of Bleckley County upon an annual salary so as to change the compensation of the deputy sheriff.

HB 1130. By Representative Jessup of the 117th:
A Bill to amend an Act placing the clerk of the superior court of Bleckley County upon an annual salary so as to change the compensation of the clerical assistant to the clerk.

HB 1139. By Representatives McDonald of the 12th:
A Bill to amend an Act incorporating the City of Commerce so as to require certain appointees to be qualified electors of the City.

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

HR 146-606. By Representatives Parham of the 109th, and Baugh of the 108th:
A Resolution authorizing the conveyance of certain real property located in Baldwin County, Georgia; to repeal Resolution authorizing the con veyance of certain real property located in Baldwin County.

HR 200-856. By Representatives Colwell and Twiggs of the 4th, Hays of the 1st, and others:
A Resolution proposing an amendment to the Constitution so as to delete therefrom the provisions pertaining to the Board of Corrections and substituting in lieu thereof a Board of Offender Rehabilitation.

HR 299-1092. By Representative Russell of the 64th:
A Resolution authorizing the Governor on behalf of the State of Georgia to convey to the mayor and council of the City of Winder, a municipal corporation an easement for the purpose of expanding the city waste treatment facility over and through property in Barrow County, Ga., owned by the State of Georgia and operated as a part of Fort Yargo State Park, Winder, Barrow County, Ga.

HR 303-1121. By Representative Russell of the 64th:
A Resolution authorizing the granting of an easement over a certain tract of State-owned property.

FRIDAY, MARCH 21, 1975

3581

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 598. By Representative Burruss of the 21st:
A Bill to amend the "Georgia State Speech Pathology and Audiology Licensing Act" so as to provide additional circumstances under which a license may be granted to certain applicants.

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

HB 875. By Representative Culpepper of the 98th:
A Bill to amend an Act known as the "Development Authorities Law" so as to include in the definition of the word "Project" the acquisition, construction, improvement or modification of any property, real or personal, used as a peak shave facility.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House, to-wit:

HB 579. By Representative Rainey of the 135th:
A Bill to amend the Natural Resources Act of 1973 so as to authorize the Dept. of Natural Resources to contract for or provide itself necessary water transportation and essential services for its employees, other State employees, their families and other permanent residents of certain coastal islaands.

The President has appointed on the part of the Senate the following Senators: Gillis of the 20th, Howard of the 42nd, and Langford of the 51st:

The Senate recedes from its No. 1 Amendment to the following Bill of the House, to-wit:

HB 971. By Representatives Burruss of the 21st, Waddle of the 113th, Kreeger of the 21st and others:
A Bill to be entitled an Act comprehensively to-revise and codify the laws of this State regulating the practice of professional engineering and the practice of land surveying; to amend Code Title 84, relating to professions and trades, so as to codify the laws relating to professional engineering and land surveying as Code Chapter 84-21.

The Senate has agreed to the House amendment to the following-Bill of the Senate, to-wit:

3582

JOURNAL OF THE HOUSE,

SB 268. By Senator Kidd of the 25th:
A Bill to amend an Act creating the Board of Funeral Service and regu lating the practice of embalming and funeral directing, as amended, so as to provide that apprentice service as a requirement for licensing may be earned on a part time basis.

The Senate has agreed to the House substitute to the following Bill of the Senate, to-wit:

SB 194. By Senators Duncan of the 30th, Lester of the 23rd, Hudson of the 35th and others:
A Bill to amend Code Chapter 32-1, relating to the Board of Regents and the University System of Georgia, as amended, so as to provide for the instruction in essentials of the United States and State Constitutions and the Study of American institutions and ideals.

The Senate has adopted the Conference Committee report on the following Bill of the House, to-wit:

HB 450. By Representative Lane of the 40th:
A Bill to provide certain requirements in connection with blasting or excavating in the vicinity of certain underground utility facilities.

By unanimous consent, the following Resolution of the Senate was read the first time and referred to the Committee on Rules:.

SR 169. By Senators Button of the 9th, Holloway of the 12th, Riley of the 1st and others:
A Resolution proposing an amendment to the Constitution so as to require the legislative process of the General Assembly to be open and accessible to the public; to provide that any action in contravention of this provision is void; and for other purposes.

Representative Knight of the 67th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 529. By Representative Knight of the 67th:
A Bill to amend an Act known as the "Georgia Retailers" and Con sumers' Sales and Use Tax Act" so as to clarify the credit to be allowed for returned property; to provide a procedure for granting of such credit; and for other purposes.

FRIDAY, MARCH 21, 1975

3583

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Bargeron Beck Berry Bolster Brown Buck Calhoun Carnes Carr Castleberry Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman Colwell Cooper Cox Culpepper Da vis Dixon Dover Edwards, C. W. Egan Evans, W. D. Poster, P. W. Gammage Greer Ham Hamilton

Harden Harris, J. G. Harrison Hatcher Hawkins Hays Holmes Howell Hudson Hutchinson Irvin, R. Irwin Jackson Johnson, R. Johnson, W. R. Jones Jordan Keyton Kilgore King Knight Lane, Dick Lee Leggett Leonard Logan Long Lucas Mann Marcus Miles Milford Mostiler Mullinax Nessmith Nix Noble

Owens Oxford Parkman Patten, R. L. Peters Phillips, L. L. Phillips, R. T. Rainey Randall Reaves Richardson Ross Rush Russell, W. B. Sams Shanahan Sheats Sigman . Smyre Snow Stone Sweat Tolbert Townsend Triplett Tucker Twiggs Walker Wall Ware Watson West White Whitmire Williamson Wilson Wood

Those voting in the negative were Representatives:

Banks Beckham Carter Poster, R. L.

Fraser Hill, B. L. Hill, G.

Kreeger Russell, J. Smith, V. B.

Those not voting were Representatives:

Battle Baugh Blackshear

Bowman Bray Burruss

Burton Carlisle Carrell

3584
Chance Collins Connell Crawford Daugherty Dean Dent Edwards, W. Elliott Evans, B. Felton Gignilliat Glanton Glover Harris, B. B. Harris, J. F. Horton

JOURNAL OP THE HOUSE,

Howard Irvin, J. Jessup Karrh Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Linder Matthews, C. Matthews, D. R. McCollum McDonald McKinney
Parham Parrish Patten, G. C.

Petro Phillips, W. R. Pinkston Ray Scott Sizemore Smith, J. R. Taggart Thomason Thompson Toles Vaughn Waddle Wheeler
Williams Mr. Speaker

On the motion, the ayes were 111, nays 10. The motion prevailed and HB 529 was reconsidered.

Representative King of the 96th arose to a point of personal privilege and addressed the House.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 240. By Senators Dean 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; and for other purposes.

The report of the Committee, which was favorable to the 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 Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey

Banks Baugh Beck Bolster Bray

Brown Burruss Burton Calhoun Games

Carr Carrell Carter Castleberry Chance Childers Clark, Betty Clark, L. Clifton Cole Colwell Cooper Cox Crawford Culpepper Davis Dean Dent Dixon Dover Edwards, C. W. Evans, W. D. Felton Foster, R. L. Fraser Gammage Glanton Greer Ham Harden Harrison Hawkins Hays Hill, G. Holmes Howard Howell

FRIDAY, MARCH 21, 1975

Hudson Hutchinson Irvin, J. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Keyton Kilgore King Kreeger Lane, Dick Lane, W. J. Larsen, W. W. Lee Leggett Leonard Linder Logan Long Lucas Mann . Marcus McCollum Miles Milford Mostiler Mullinax Nessmith Nix Noble Owens Oxford Parham

Parkman Parrish Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, W. R. Rainey Reaves Richardson Rush Russell Shanahan Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Stone Sweat Taggart Thompson Tolbert Triplett Tucker Twiggs Walker Ware West White Whitmire Williamson Wilson Wood

3585

Those voting in the negative were Representatives

Beckham Berry Buck Egan

Irvin, R. Jordan Lambert Phillips, R. T.

Sams Wall

Those not voting were Representatives :

Bargeron Battle Blackshear Bowman Carlisle Childs Coleman

Collins Connell Daugherty Edwards, W. Elliott Evans, B. Foster, P. W.

Gignilliat Glover Hamilton Harris, B. B. Harris, J. G. Harris, J. F. Hatcher

3586

JOURNAL OF THE HOUSE,

Hill, B. L. Horton Karrh Knight Larsen, G. K. Matthews, C. Matthews, D. R. . McDonald McKinney

Pinkston Randall Ray Ross Russell, W.B. Scott Snow Thomason

Toles Townsend Vaughn Waddle Watson Wheeler Williams Mr. Speaker

On the passage of the Bill, the ayes were 124, nays 10.

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

SB 149. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and others:
A Bill to amend Code Section 13-203.2, relating to the expansion or ex tension of existing bank facilities, as amended, so as to provide for the installation of "automated teller facilities" or "point-of-sale terminals" within the county in which a parent bank, branch bank, bank office or bank facility is located, with the approval of the Commissioner of the Department of Banking and Finance; and for other purposes.

The following amendment was read:
Representative Logan of the 62nd moves as follows:
That SB 149 be amended by adding to Section One thereof the additional Sub-section E as follows:
Sub-section E. It is provided, however, that in counties with a population of less than 120,000 persons, as determined under Code Section 13-302.1, this electronic or mechanical equipment, where practically feasible as determined by the Commissioner, shall, at the option of any other bank or other financial institution in such county not then having the use of such facilities but so desiring, be operated jointly by such banks or financial institutions on an equitable, cost-sharing basis.

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

Those voting in the affirmative were Representatives:

Adams, .John Adams, Marvin Bailey Banks

Battle Beckham Berry Bolster

Bray Buck Calhoun Carr

Carter Castleberry Childers Childs Clark, L. Clifton Coleman Cooper Cox Culpepper Dixon Dover Evans, W. D.
Foster, P. W. Foster, R. L. Fraser Glanton Ham Hatcher Hays Hill, G. Howard Howell

FRIDAY, MARCH 21, 1975

3587

Hutchinson Irvin, J. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Karrh Kilgore Kreeger Lane, Dick Lane, W. J. Lee Leonard Logan Long Mann Matthews, D. R. McDonald Miles Milford Mullinax Nessmith

Oxford Patten, G. C. Peters Phillips, L. L. Phillips, R. T. Rainey Ross Rush Russell, J. Shanahan Sheats Smith, J. R. Smith, V. B. Stone Sweat Twiggs Walker Wall Ware West Whitmire Wood

Those voting in the negative were Representatives

Alexander Baugh Beck Blackshear Bowman Brown Carlisle Carnes Chance Da vis Egan Elliott Felton Gammage Glover Greer

Harden Harris, J. G. Hawkins Hill, B. L. Holmes Horton Irvin, R. Jones Keyton King Leggett Linder Lucas Mostiler Parham

Patten, R. L. Petro Pinkston Randall
Reaves Russell, W. B. Sigman Smyre Taggart Thomason Tolbert .Triplett Tucker White Williamson

Those not voting were Representatives :

Adams, G. D. Bargeron Burruss Burton Carrell Clark, Betty Cole Collins Colwell

Connell Crawford Daugherty Dean Dent Edwards, C. W. Edwards, W. Evans, B. Gignilliat

Hamilton Harris, B. B. Harris, J. F. Harrison Hudson Jordan Knight Lambert Larsen, G. K.

3588
Larsen, W. W. Marcus Matthews, C. McCollum McKinney Nix Noble Owens Parkman

JOURNAL OF THE HOUSE,

Parrish Phillips, W. R. Ray Richardson Sams Scott Sizemore Snow Thompson

Toles Townsend Vaughn Waddle Watson Wheeler Williams Wilson Mr. Speaker

On the adoption of the amendment, the ayes were 80, nays 46.

The amendment was adopted.

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

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

Those voting in the affirmative were Representatives:

Adams, John Adams, Marvin Alexander Bailey Banks Baugh Beck Beckham Berry Bolster Bowman Bray Brown Buck Burton Calhoun Carlisle Games Carr Carrell Carter Castleberry Chance Childers Childs Clark, L. Clifton Coleman
Cooper

Cox Crawford Culpepper Davis Dean Dent Dixon Edwards, C. W. Egan Elliott Evans, W. D. Pelton
Foster, P. W. Foster, R. L. Fraser Gammage Glanton Glover Greer Ham Harden Harris, J. G. Hatcher Hawkins Hays Hill, B. L. Hill, G. Holmes Horton

Howell Hudson Hutchinson Irvin, J. Irvin, R. Jackson Jessup Johnson, R. Johnson, W. R. Jones Karrh Keyton Kilgore King Knight Kreeger Lane, Dick Lane, W. J. Lee Leggett Leonard Linder Logan Long Mann Matthews, D. R. McDonald Miles

FRIDAY, MARCH 21, 1975

3589

Milford Mostiler Mullinax Nessmith Oxford Parham Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston

Rainey Randall Reaves Richardson Ross Rush Russell, J. Shanahan Sheats Sigman Smith, J. R. Smith, V. B. Smyre Stone

Sweat Taggart Tolbert Triplett Tucker Walker Wall Ware West White Whitmire Williamson Wilson Wood

Voting in the negative were Representatives Dover and Twiggs.

Those not voting were Representatives:

Adams, G. D. Bargeron Battle Blackshear Burruss Clark, Betty Cole Collins Colwell Connell Daugherty Edwards, W. Evans, B. Gignilliat Hamilton Harris, B. B. Harris, J. F.

Harrison Howard Irwin Jordan Lambert Larsen, G. K. Larsen, W. W. Lucas Marcus Matthews, C. McCollum McKinney Nix Noble Owens Parkman Parrish

Ray Russell, W. B. Sams Scott Sizemore Snow Thomason Thompson Toles Townsend Vaughn Waddle Watson Wheeler Williams Mr. Speaker

On the passage of the Bill, as amended, the ayes were 128, nays 2.

The Bill, having received the requisite constitutional majority, was passed, as amended.
Representative Jordan of the 58th asked that the Journal record his abstain ing from voting on SB 149 pursuant to the provisions of House Rule 195.

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:

3590

JOURNAL OF THE HOUSE,

HB 671. By Representatives Burton of the 47th, Patten of the 146th, and Noble of the 48th:
A Bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to provide certain requirements relative to the certification of teachers, principals and guidance counselors.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 671. By Representatives Burton of the 47th, Patten of the 146th and Noble of the 48th:
A Bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to provide certain requirements relative to the certification of teachers, principals and guidance counselors; and for other purposes.

The following Senate amendment was read:
Senator Shapard of the 28th moves to amend HB 671 by inserting on page 2, line 8, after the word, "date", "or one year whichever is greater".

Representative Burton of the 47th moved that the House agree to the Senate amendment to HB 671.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. I>. Adams, John Adams, Marvin Alexander Bailey Banks Battle Baugh Beckham Berry Blackshear Bolster Bowman Brown Buck Burruss Burton Calhoun Games

Carr Carrell Carter Castleberry Chance Childers Childs Clark, L. Clifton Cole Coleman Cooper Cox Crawford Culpepper Davis Dean Dent Dixon

Edwards, C. W. Egan Elliott Felton Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glanton Glover Greer Hamilton Harden Harris, J. G. Hatcher Hawkins Hays Hill, B. L.

Hill, G. Holmes Horton Howell Hudson Hutchinson Irvin, R. Jackson Jessup Johnson, R. Johnson, W. R. Jones Keyton Knight Kreeger Lane, Dick Lane, W. J. Lee Leggett Leonard Logan Long Mann Marcus

FRIDAY, MARCH 21, 1975

3591

Matthews, D. R. McCollum McDonald Milford Mostiler Mullinax Nessmith Noble Owens Oxford Parham Parrish Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T. Pinkston Rainey Reaves Richardson Ross Rush

Russell, J. Russell, W. B. Shanahan Sheats Sigman Smith, J. R. Smith, V. B. Stone Sweat Taggart Thomason Thompson Tolbert Triplett Tucker Waddle Wall Ware West Whitmire Williamson Wilson Wood

Those voting in the negative were Representatives:

Beck
Dover Evans, W. D.

Ham Irvin, J. King

Phillips, W. R. White

Those not voting were Representatives :

Bargeron Bray Carlisle Clark, Betty Collins Colwell Connell Daugherty Edwards, W. Evans, B. Harris, B. B. Harris, J. F. Harrison Howard Irwin

Jordan Karrh Kilgore Larsen, G. K. Larsen, W. W. Linder Lucas Matthews, C. McKinney Miles Nix Parkman Randall Ray

Sams Scott Sizemore Smyre Snow Toles Townsend Twiggs Vaughn Walker Watson Wheeler Williams Mr. Speaker

On the motion, the ayes were 128, nays 8. The motion prevailed and the Senate amendment to HB 671 was agreed to.

3592

JOURNAL OF THE HOUSE,

The vote of Representative Lambert of the 112th did not record due to mechanical malfunction. He wished to be recorded as voting "aye" on the agree ment to the Senate amendment to HB 671.

HB 858. By Representatives Tolbert and Davis of the 56th, Harden of the 154th and others:
A Bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to prohibit the employment of certain persons as teachers; and for other purposes.

The following Senate amendment was read: The Senate offers the following amendment: Amend HB 858 on page 1, line 19, by adding a period after the
word "States", and
By striking the remainder of the sentence on lines 19, 20 and 21.

Representative Tolbert of the 56th moved that the House agree to the Senate amendment to HB 858.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, Marvin Battle Baugh Beck Beckham Bowman Buck Games Carter Clifton Coleman Colwell Cooper Cox
Culpepper Davis Dover Poster, P. W. Poster, R. L. Harden Harris, J. G.

Hays Hill, G.
Hudson Hutchinson Irvin, J. Jackson Johnson, R. Johnson, W. R. Lane, Dick Lane, W. J. Leggett
Leonard Linder Mann Matthews, D. R. McDonald Mostiller Mullinax Nessmith Oxford Parham

Patten, G. C. Patten, R. L.
Peters
Phillips, R. T. Rainey Reaves Rush Sams Sigman Smith, J. R. Smith, V. B. Stone Sweat Thomason Tolbert Tucker Twiggs Walker Wall Whitmire Wood

FRIDAY, MARCH 21, 1975

3593

Those voting in the negative were Representatives:

Adams, John Alexander Bailey Banks Blackshear Bolster Bray Burruss Burton Carlisle Carr Carrell Castleberry Chance Childers Childs Clark, Betty Clark, L. Crawford
Daugherty
Dean
Edwards, C. W.
Edwards, W.
Evans, B.
Evans, W. D.
Pelton

Fraser Gammage Glanton Glover Greer Ham Hamilton Hatcher Hawkins Hill, B. L. Holmes Horton Howell Irvin, R. Irwin Jones Jordan Karrh Kilgore
King
Kreeger
Larsen, W. W.
Lee
Long
Lucas
Marcus

McCollum Milford Nix Owens Parkman Parrish Petro Phillips, L. L. Phillips, W. R. Pinkston Randall Richardson Ross Russell, J. Russell, W. B. Shanahan Sheats Sizemore Smyre
Snow
Taggart
Thompson
West
White
Williamson
Wilson

Those not voting were Representatives:

Bargeron Berry Brown Calhoun Cole Collins Connell Dent Dixon Egan Elliott Gignilliat Harris, B. B.

Harris, J. P. Harrison Howard Jessup Keyton Knight Lambert Larsen, G. K. Logan Matthews, C. McKinney Miles Noble

Ray Scott Toles Townsend Triplett Vaughn Waddle Ware Watson Wheeler Williams Mr. Speaker

On the motion, the ayes were 67, nays 78.

The motion was lost and the House disagreed to the Senate amendment to HB 858.

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HB 122. By Representatives Cole and Foster of the 6th:
A Bill to amend the Georgia Private Detective and Private Security Agencies Act so as to exempt from the provisions of said Act private security activities of employers and employees which take place upon the premises of the employer and occur in connection with the affairs of the employer only; and for other purposes.

The following Senate amendments were read :
Senate amendment No. 1: The Senate offers the following amendment:
Amend HB 122 on page 1, lines 2 and 13, by striking the word "Securities" and inserting in lieu thereof the word "Security",
and
By deleting the period on page 1, line 23 and adding the following:
"; provided, however, that such persons or corporations may elect to be licensed under this Act."
Senate amendment No. 2: The Senate moves to amend HB 122 by inserting in Section 1 thereof the phrase "and who do not have access to fireams" between the word "firearm" and the word "to" at lines 49 and 50 on page 1.

Representative Cole of the 6th moved that the House agree to Senate amend ment No. 1 and disagree to Senate amendment No. 2 to HB 122.

On the motion, the ayes were 109, nays 0.

The motion prevailed.

HB 859. By Representative Hatcher of the 131st:
A Bill to amend Code Section 24A-1403, relating to the place of detention of children under the jurisdiction of juvenile courts in order to provide for the places of detention, so as to provide that juveniles shall not be detained in a jail pending a committal hearing or indictment unless detained in a room separate and removed from those for adults; and for other purposes.

FRIDAY, MARCH 21, 1975

3595

The following Senate amendments were read:

Senate amendment No. 1:
The Senate Committee on Human Resources offers the following amendment:

Amend HB 859 by striking subsection (b) of quoted Code Section 24A-1403 of Section 1 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:

"(b) A child alleged to have committed an offense over which the superior court has concurrent jurisdiction under Section 24A-301 (b) shall be detained pending a commital hearing under Chapter 27-24 for indictment only in a facility stated in paragraph (1) through (6) of subsection (a) unless it appears to the satisfaction of the juvenile court that public safety and protection reasonably require detention in a jail and the court so orders but only where the jail has a separate room, for children, removed from those for adults. Provided, however, children shall not be required to associate or eat with adults."

Senate amendment No. 2:

The Senate moves to amend HB 859 as follows:
By deleting in their entirety lines 1 through 3 of page 2, and sub stituting in lieu thereof the following:

"the court shall transport the child to the closest detention center and the Department of Human Resources shall select a suit able facility and the Department shall provide for the transporta tion. The Department shall return said child to the closest detention center in time for the court to transport the child back to the court. The Department may provide for nonsecure custody where deemed appropriate by the Department and the court;".

And, by inserting in line 9 of page 3, after the word "appears", the following:
"in the discretion of the court based upon the information available to the court".
Senate amendment No. 3: The Senate offers the following amendment:
Amend HB 859 by inserting on page 1, line 27, after the word "facility" the words "approved by the court".

Representative Hatcher of the 131st moved that the House agree to Senate amendments Nos. 1 and 3 and disagree to Senate amendment No. 2 to HB 859.

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On the motion, the ayes were 104, nays 0.

The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 170. By Representatives Murphy of the 18th, Vaughn of the 57th, Burruss of the 21st and others:
A Bill to make and provide appropriations for the fiscal year beginning July 1, 1975 and ending June 30, 1976; and for other purposes.

Representative Lee of the 72nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 170 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:

Representatives Vaughn of the 57th, Harris of the 8th and Collins of the 144th:

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitute thereto:

HB 430. By Representatives Reaves of the 147th, Keyton of the 143rd, Long of the 142nd and others:
A Bill to be known as the "Buying Services Act of 1975"; to regulate and control buying services and buying clubs; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to be known as the "Buying Services Act of 1975"; to provide for a short title; to provide for definitions; to regulate and control buying services and buying clubs; to provide for the licensing of buying services and buying clubs by the Commissioner of Agriculture; to provide for certain conditions upon the issuance of licenses; to provide for applications and fees; to provide for revocation, suspension and nonrenewal of licenses; to require prior approval of certain contracts; to

FRIDAY, MARCH 21, 1975

3597

provide for a right of cancellation of certain contracts; to provide certain requirements regarding content of certain contracts; to provide limita tions on the period of certain contracts; to require the keeping of ac counts, books and records; to provide for injunctions; to provide for the adoption of rules, regulations and orders; to provide penalties; to pro vide for all 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 "Buying Services Act of 1975".
Section 2. Definitions.--As used in this Act:
(a) "Buying service", "buying club" or "club" means any corpora tion, partnership, unincorporated association or other business enterprise which is organized for profit with the primary purpose of providing benefits to members from the cooperative purchase of services or mer chandise and which desires to effect such purpose through direct solicita tion or other business activity in this State.
(b) "Member" means a status by which any natural person is en titled to any of the benefits .of a buying service or buying club.
(c) "Prepayment" means any payment over $25.00 for service or merchandise made before the service is rendered or the merchandise is received. Payment for service made on the same day the service is rendered is not prepayment. Money received by a club from a financial institution upon assignment of a contract is prepayment when and to the extent the member is required to make prepayments to the financial institution pursuant to the contract.
(d) "Business day" means any day other than a Saturday, Sunday or legal holiday.

(e) "Contract" means any contract or agreement by which a per son becomes a member of a buying service or club.

(f) "Commissioner" means the Commissioner of Agriculture of the State of Georgia.

Section S. Buying services and clubs; license as condition of doing business.--No buying service or club, nor any officer, official, employee or agent thereof shall sell, advertise or solicit the sale or purchase of memberships or contracts within the State of Georgia without having first obtained a license to do business in the State from the Commis sioner of Agriculture.

Section 4. Buying services and clubs; conditions upon issuance of license; bond.--As a condition to the issuance or retention of a license required by this Act, each buying service or club shall: (a) Comply

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with such reasonable conditions for the issuance of a license as may be required by the Commissioner pursuant to the provisions of this Act.
(b) Maintain a bond in the amount of $25,000.00 with a surety company duly authorized to do business in this State or post a cash bond in such amount, payable to the Governor of the State, in either case such bond to be for the use and benefit of any person who has entered into a contract for membership in a buying service or club. Such bond shall be conditioned to pay all losses, damages and expenses that may be sustained by such member occasioned by reason of any fraudulent misrepresentation or by reason of any breach of contract by the club.
Section 5. Applications for license; fee.--Application for a license as a buying service or club shall be made on forms prescribed by the Commissioner and shall contain such information and supporting docu ments as he may require. Licenses shall be issued for a period of one year and shall be renewable within 90 days preceding the expiration thereof. The fee for a license or the renewal thereof shall be $50.00, payable to the Commissioner for deposit by the Department of Administrative Services in the general fund of the State.

Section 6. Revocation, suspension and nonrenewal of licenses.-- Licenses issued under the provisions of this Act may be revoked or sus pended or not renewed by the Commissioner for any violation of the substantive provisions of this Act; for a violation of any rule or regula tion issued by the Commissioner pursuant to this Act; or for the violation of any law of this State. Licenses shall be revoked or suspended by the Commissioner only following notices and hearings pursuant to the pro visions of the Georgia Administrative Procedure Act, as the same may now or hereafter be amended.

Section 7. Contracts of buying services and clubs; prior approval.-- No contract of membership shall be used by any buying service or club unless such contract is first approved by the Commissioner as to form. Any contract or agreement used in violation of the provisions of this Section shall be null, void and of no effect.

Section 8. Contracts of buying services and clubs; right of cancella tion.--Any person who has elected to become a member of a club may cancel such membership by giving written notice of cancellation any time before midnight of the third business day following the date on which membership was attained. Notice of cancellation may be given personally or by mail. If given by mail, the notice is effective upon deposit in a mailbox, properly addressed and postage prepaid. Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form of written expression, the intention of the member not to be bound by the contract. Cancellation shall be without liability on the part of the member and the member will be entitled to a total refund, within ten days after notice of cancellation is given, of the entire consideration paid for the contract. Rights of cancellation may not be waived or otherwise surrendered.
Section 9. Contracts of buying services and clubs; requirements;

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3599

notice.--(a) A copy of every contract shall be delivered to the member at the time the contract is signed. Every contract must be in writing, must be signed by the member, must designate the date on which the member signed the contract and must state, clearly and conspicuously in bold face type of a minimum size of fourteen points, the following:
"MEMBERS' RIGHT TO CANCEL"
"If you wish to cancel this contract, you may cancel by deliver ing or mailing a written notice to the club. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be delivered or mailed to: (insert name and mailing address of club). If you cancel, the club will return, within ten days of the date on which you give notice of cancellation, a total refund."
(b) Every contract which does not contain the notice specified in subsection (a) may be cancelled by the member at any time, without liability, by giving notice of cancellation by any means.
Section 10. Contracts of buying services and clubs; limitation on period.--No contract shall be valid for a term longer than 18 months from the date upon which the contract is signed. A club may, however, allow a member to convert his contract into a contract for a period longer than 18 months after the member has been a member of the club for a period of at least six months. The duration of the contract shall be clearly and conspicuously disclosed in the contract in bold face type of a minimum size of 14 points.
Section 11. Buying services and clubs; accounts; books; records.-- Each buying service or club licensed in this State shall keep and maintain accurate accounts, books and records of all transactions in this State; copies of all agreements; dates and amounts of payments made and accepted thereon; and the names and addresses of all members in this State. Such accounts, books and records shall be open for inspection by the Commissioner or his delegates during normal business hours on all normal business days.

Section 12. Injunctions.--In addition to any other proceedings au thorized by this Act, the Commissioner may bring a civil action in the superior courts to enjoin any violation or threatened violation of any provision of this Act or any rule, regulation or order issued by the Com missioner pursuant to this Act.

Section 13. Rules, regulations and orders.--The Commissioner is hereby authorized to promulgate, adopt and issue rules, regulations and orders necessary or convenient to carry out the provisions and pur poses of this Act. Any such rules of a substantive nature shall be promul gated only when it is determined by the Commissioner, in the reasonable exercise of his discretion, on the basis of his expertise and facts, sub missions, evidence, and all information before him that such rules are needed to prohibit or control acts of practices which create the proba-

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bility of actual injury to consumers. No rule shall be promulgated where it is reasonably certain that the burden of complying with said rules will outweigh the public interest in prohibiting or controlling the practice which would be so prohibited or controlled. No such rule so promulgated shall be arbitrary or capricious nor shall its promulgation be character ized by an abuse of discretion or an unwarranted exercise of discretion.

Section 14. Administrative procedure.--The provisions of the Geor gia Administrative Procedure Act, as the same is now or hereafter amended, shall apply to all actions and proceedings of an administrative nature taken by the Commissioner pursuant to this Act.

Section 15. Penalties.--Any person, firm, corporation, organization, partnership, entity, buying club or buying service violating any provision of this Act shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor.

Section 16. Repealer.--All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Reaves of the 147th moved that the House agree to the Senate substitute to HB 430.

On the motion, the ayes were 105, nays 1.

The motion prevailed and the Senate substitute to HB 430 was agreed to.

HB 1095. By Representative Mostiler of the 71st:
A Bill to amend an Act providing for a Board of Commissioners of Spalding County so as to change the composition of the Board of Commissioners of Spalding County; and for other purposes.

The following Senate amendment was read:
The Senate moves to amend HB 1095 as follows: By striking beginning on line 8 of page 5 the following:
"for a day not less than 30 nor more than 60 days after the date of the issuance of the call", and substituting in lieu thereof the following:
"for November 4, 1975".
Representative Mostiler of the 71st moved that the House agree to the Senate amendment to HB 1095.

FRIDAY, MARCH 21, 1975

3601

On the motion, the ayes were 103, nays 0.

The motion prevailed and the Senate amendment to HB 1095 was agreed to.

HB 1114. By Representative Phillips of the 91st:
A Bill to provide for the election of members of the Board of Education of Harris County; to provide that the Board of Education of Harris County shall consist of five members; to provide for education districts; and for other purposes.

The following Senate amendment was read:
The Senate moves to amend HB 1114 as follows:
By striking from the title, beginning on line 7, the following:
"to provide for the compensation of the members of the board;".
By adding in the title on line 9 of page 1, immediately preceding the word "to", the following:
"to provide for the compensation of the school superintendent;".
By striking in their entirety Sections 5, 6 and 7 on page 4 and inserting in lieu thereof two new Sections, to be numbered Section 5 and Section 6, to read as follows:
"Section 5. The presently existing board of education shall continue in existence until such time as those persons duly elected and qualified under the provisions of Section 3 assume office on the first Monday in January, 1977, at which time the terms of all the members of the present board shall expire and such board shall stand abolished."
"Section 6. The term of office of the present Harris County School Superintendent shall expire on December 31, 1976. There after, the Board of Education of Harris County shall appoint the Harris County School Superintendent. The Harris County School Superintendent shall serve at the pleasure of the Board of Educa tion of Harris County and may be removed pnly upon a vote of at least four members of the board. The superintendent shall be compensated in accordance with regulations adopted by law and by the State Board of Education, and in addition the Board of Educa tion of Harris County is hereby authorized to provide for such supplemental compensation as it deems necessary from funds avail able to the board."
By renumbering Section 8 and Section 9 as Section 9 and Section 10, respectively.

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Representative Phillips of the 91st moved that the House agree to the Senate amendment to HB 1114.

On the motion, the ayes were 103, nays 0.

The motion prevailed and the Senate amendment to HB 1114 was agreed to.

HB 1116. By Representative Phillips of the 91st:
A Bill to amend an Act creating and incorporating the City of Shiloh so as to change the terms of office of the mayor and councilmen; to change the date for elections of the mayor and councilmen; and for other purposes.

The following Senate amendment was read: The Senate moves to amend HB 1116 as follows: By striking from Section 1, on line 17 of page 1, the following: "1976",
and inserting in lieu thereof the following: "1975".

Representative Phillips of the 91st moved that the House agree to the Senate amendment to HB 1116.
On the motion, the ayes were 103, nays 0.
The motion prevailed and the Senate amendment to HB 1116 was agreed to.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:

SB 334. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A Bill to amend an Act providing that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights, as amended, 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.

FRIDAY, MARCH 21, 1975

3603

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

On the passage of the Bill, the ayes were 105, nays 1.

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

Representative Coleman of the 118th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitu tional majority to SB 334.

SB 324. By Senators Riley of the 1st, Brown of the 47th and Reynolds of the 48th and others:
A Bill to make the operation of the Public Service Commission and the administration of its duties and responsibilities more efficient, effective and complete; to provide for the purpose thereof; and for other purposes.

The following amendment was read and adopted:
The Committee on Industry moves to amend SB 324 as follows:
1. The Title of said Bill is amended by inserting in line 25 of page 1 thereof, between the word "thereto;" and the words "to provide that said Commission shall not be", the following:
"to provide that notwithstanding any other provisions of this Act the procedures prescribed by Code Section 93-307.1, relating to procedure for utility rate changes, shall be applicable;".
2. Subsection (a) in Section 3 of said Bill is amended in order to remove the double and redundant reference to the Board of Corrections and the State Board of Probation, by striking from lines 10 and 11 of page 4 thereof, the following:
"the Board of Corrections and its State Board of Probation,".
3. Section 6 of said Bill is amended by inserting in line 31 of page 6 thereof, immediately after the words "Section 93-307.1", the following;
", relating to procedure for utility rate changes,".
4. Section 6 of said Bill is further amended by inserting in line 7 of page 7 thereof, immediately following the words "contested case", the following:
", proceeding, hearing or matter".

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5. Section 6 of said Bill is further amended by inserting in line 21 of page 7 thereof, immediately after the words "93-307.1", the following;

", relating to procedure for utility rate changes,".

6. Section 6 of said Bill is further amended by inserting in line 27 of page 7 thereof, immediately following the words "contested case", the following:

", proceeding, hearing or matter".

An amendment, offered by Representatives Mostiler and Carlisle of the 71st, was read and lost.

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

On the passage of the Bill, as amended, the ayes were 114, nays 0.

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

SB 118. By Senators Barker of the 18th, Hudgins of the 15th and Lewis of the 21st:
A Bill to amend an Act providing for the issuance of automobile tags to disabled veterans, as amended, so as to provide for the issuance of free motor vehicle license tags to certain wartime veterans who were discharged under honorable conditions.

The following amendment was read:
The Committee on Motor Vehicles moves to amend SB 118 as follows:
By striking line 4 of page 3 in its entirety and substituting in lieu thereof the following:
"acquire in the future. Two tags or revalidation stickers each year shall be furnished under the provisions of this Section unless the originals are lost. Said tags shall be fastened to both the front and rear of the vehicle."

Representative Wall of the 61st moved that SB 118 and all amendments thereto be withdrawn from further consideration and be recommitted to the Committee on Defense and Veterans' Affairs for further study.

FRIDAY, MARCH 21, 1975

3605

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, Marvin
Baugh Blackshear Bolster Buck Carr Castleberry Chance Clark, Betty Culpepper Davis Dixon Edwards, W. Egan Elliott Evans, W. D. Felton Gignilliat

Harris, B. B. Hatcher Hays Irvin, R. Irwin Jackson Karrh Kilgore Lane, W. J. Logan Matthews, D. R. McCollum Miles Owens Parham Parrish Phillips, R. T.

Phillips, W. R. Rainey Rush Shanahan
Sheats Sigman Smith, J. R. Sweat Taggart Thompson Tolbert Wall West Whitmire Williams Williamson Wood

Those voting in the negative were Representatives:

Adams, G. D. Adams, John
Banks Battle Beck Bowman Burton Calhoun Carlisle Games Carrell Carter Childers Childs Clark, L. Clifton Colwell Cooper Crawford
Dent Edwards, C. W. Evans, B.

Foster, P. W. Gammage Glanton Glover Greer Harris, J. G. Holmes Horton Howell Hudson Hutchinson Irvin, J. Johnson, R. Johnson, W. R. Jones Keyton Knight Kreeger Lane, Dick Lee Leggett Linder

Lucas Mann Milford Nix Noble Oxford Parkman Patten, G. C. Patten, R. L. Peters Phillips, L. L.
Reaves Richardson Ross Russell, J. Smith, V. B.
Smyre Stone Tucker Twiggs Walker

Those not voting were Representatives:

Alexander Bailey Bargeron

Beckham Berry Bray

Brown Burruss Cole

3606
Coleman Collins Connell Cox Daugherty Dean Dover Foster, R. L. Fraser Ham Hamilton Harden Harris, J. F. Harrison Hawkins Hill, B. L. Hill, G. Howard

JOURNAL OF THE HOUSE,

Jessup Jordan King Lambert Larsen, G. K. Larsen, W. W. Leonard Long Marcus Matthews, C. McDonald McKinney Mostiler Mullinax Nessmith Petro Pinkston Randall

Ray Russell, W. B. Sams Scott Sizemore Snow Thomason
Toles Townsend Triplett Vaughn Waddle Ware Watson Wheeler White Wilson Mr. Speaker

On the motion, the ayes were 52, nays 65.

The motion was lost.

The Committee amendment was adopted.

The following amendment was read and adopted:
Representative Lane of the 40th moves to amend SB 118 as follows: Change the period on line 27 to a comma and add the words, "as long as he is 100 per cent disabled".

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

On the passage of the Bill, as amended, the ayes were 104, nays 1.

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

SR 36. By Senators Holloway of the 12th, Reynolds of the 48th and Dean of the 31st:
A Resolution creating a special Study Commission to inquire into and propose solutions to all matters related to a potential fluctuation of State gasoline tax revenues; and for other purposes.

FRIDAY, MARCH 21, 1975

3607

The following Committee substitute was read and adopted:

A RESOLUTION

Creating a special Study Commission to inquire into and propose solutions to all matters related to the potential fluctuation of State motor fuel tax revenues and the impact upon the Highway program that would result; to provide for appointments to the Commission; to prescribe the duties of the Commission; to provide for expenses; to provide for the dissolution of the Commission; to provide for the selection of the chair man; to provide an effective date; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. There is hereby created a special Study Commission which is charged with the duty of inquiring into and proposing solutions to all matters related to the potential fluctuation of State motor fuel tax revenues and the impact upon the Highway program that would result, to be presented and recommended to the General Assembly and the Governor for appropriate corrective action.

Section 2. The Commission shall act only in an advisory capacity to the Executive and Legislative branches of the State government. The Commission shall, not later than December 31, 1975, submit the report of its study, findings, and proposed solutions to the Governor and to the respective committees of the House and Senate. The Com mission shall, upon the submission of its report, be dissolved.

Section 3. The Commission shall be composed of eight members who shall be selected as follows: The President of the Senate shall appoint three members of the Commission, each of whom shall at the time of their appointment be then serving upon the Transportation Com mittee of the Senate, and the Speaker of the House of Representatives shall appoint three members of the Commission, each of whom shall at the time of their appointment be serving upon the Highways Committee of the House of Representatives. The remaining two members of the Commission shall be the Commissioner of Revenue and the Commis sioner of Transportation. The Speaker of the House and the President of the Senate shall establish a limit on the days the Commission shall meet and the expenses it may incur. The chairman shall be elected by a vote of the Commission membership at its first meeting.

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

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

On the adoption of the Resolution, by substitute, the ayes were 98, nays 0.

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JOURNAL OF THE HOUSE,

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

SB 333. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A Bill 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 equip ment, 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 ayes were 95, nays 0.

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

SR 116. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize counties, municipalities and political subdivisions of the State to obtain federal community disaster loans pursuant to and in accordance with the provisions of the Federal Disaster Relief Act of 1974 (Public Law 93-288); to provide for 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 adding a new Paragraph at the end thereof, to be designated Paragraph VIII to read as follows:
"Paragraph VIII. Community Disaster Loans. In addition to the obligations hereinbefore allowed, each county, municipality and political subdivision of the State authorized to levy taxes is hereby granted the authority to obtain federal community disaster loans, in an amount up to twenty-five percent of the anticipated revenues for the fiscal year in which the disaster occurs, in accordance with and pursuant to the provisions of the Federal Disaster Relief Act of 1974 (Public Laws 93-288); provided that authorization for such loans is contingent upon the county, municipality or political sub division of the State suffering a substantial loss of tax and other revenues as a result of a major disaster and the existence of a

FRIDAY, MARCH 21, 1975

3609

demonstrated need for financial assistance in order to perform its governmental functions. Federal community disaster loans may only be applied for and obtained from the federal government under the condition that requirement of repayment of all or any part of such loans shall be cancelled in the event that and to the extent that revenues of the county, municipality or political subdivision during the full three-year fiscal period following the major disaster are in sufficient to meet the operating budget of the local government, in cluding additional disaster related expenses of a municipal operation character."

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 counties, municipalities and political sub divisions of the State to obtain federal community
( ) NO disaster loans pursuant to the provisions of the Federal Disaster Relief Act of 1974 (Public Law 93-288)?"

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 Representatives:

Adams, G. D. Adams, John Bailey Banks Battle Beck Berry Blackshear Bolster Bowman

Bray Buck Calhoun Carlisle Carnes Carr Carrell Carter Castleberry Chance

Childers Childs Clark, Betty Clark, L. Cole Coleman Colwell Cooper Crawford Culpepper

3610
Daugherty Davis Dent Dixon Dover Edwards, C. W. Edwards, W. Egan Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Gammage Gignilliat Glanton Greer Ham Hamilton Harden Harris, B. B. Harris, J. G. Hatcher Hawkins Hays Holmes Horton Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R.

JOURNAL OF THE HOUSE,

Johnson, W. R.
Jones Jordan Karrh Keyton Kilgore King Knight Kreeger Lane, Dick Larsen, W. W.
Lee Leggett Leonard
Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald Milford Mostiler Mullinax Nessmith Noble Owens Oxford Parkman Parrish Patten, G. C. Patten, R. L. Peters Phillips, L. L. Phillips, R. T.

Phillips, W. R. Pinkston
Rainey Randall Reaves Richardson Rush Russell, J. Russell, W. B. Sams Shanahan Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Thompson Tolbert Townsend Triplett Tucker Twiggs Waddle Walker Wall Ware Watson West Whitmire Williams Wilson Wood

Those not voting were Representatives :

Adams, Marvin Alexander Bargeron Baugh Beckham Brown Burruss Burton Clifton Collins Connell Cox Dean Elliott

Fraser Glover Harris, J. F. Harrison Hill, B. L. Hill, G. Howard
Lane, W. J. Larsen, G. K. Linder Matthews, C. McKinney
Miles
Nix

Parham Petro Ray Ross Scott Taggart Thomason Toles Vaughn Wheeler
White Williamson Mr. Speaker

FRIDAY, MARCH 21, 1975

3611

On the adoption of the Resolution, the ayes were 138, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

The vote of Representative Lambert of the 112th did not record due to me chanical malfunction. He wished to be recorded as voting "aye" on the adoption of SR 116.

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 127. By Representatives Snow and Hays of the 1st, Sams of the 90th, Walker of the 115th, Culpepper of the 98th, and others:
A Bill to amend Code Chapter 85-4, relating to prescription and the obtaining of good title to realty by adverse possession so as to change the provisions relating to the obaining of good title by adverse possession in regard to certain classes of property.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 150. By Representatives Lambert of the 112th, Cole and Foster of the 6th, Carrell of the 75th, and others:
A Bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act," so as to authorize counties and certain municipalities to levy a local sales and use tax under certain conditions.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 296. By Senator Carter of the 14th: A Bill to amend an Act authorizing boards of education to purchase liability insurance or contracts of indemnity insuring or indemnifying board members, superintendents, administrators and other employees against liability for damage in specified instances; and for other pur poses.

3612

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 107, 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 insists on its substitute to the following Bill of the House, to-wit:

HB 17. By Representatives Ware of the 68th, Greer of the 43rd and Castleberry of the lllth:
A Bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to provide for additional definitions; to change certain definitions; to change the provisions relating to minimum in surance coverage for motor vehicles; to change the provisions relating to survivors' benefits.

The Senate adheres to its substitute and has appointed a Committee of Con ference on the following Bill of the House, to-wit:

HB 170. By Representatives Murphy of the 18th, Vaughn of the 57th, Burruss of of the 21st and others:
A Bill to make and provide appropriations for the fiscal year beginning July 1, 1975, and ending June 30, 1976; to make and provide such appro priations 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 governmental activities.
The President has appointed on the part of the Senate the following Senators: Holloway of the 12th, Riley of the 1st, and Broun of the 46th.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 249. By Senator Starr of the 44th:
A Bill to define the grounds for termination of the contracts of teachers, principals and other employees having a contract for a definite term; and for other purposes.

FRIDAY, MARCH 21, 1975

3613

The following amendments were read and adopted:

Representative Knight of the 67th moves to amend SB 249, preamble line 9, as follows:

by inserting between the words "of" and "boards" the word "local" and by inserting between the words "education" and "and " the words "in hearings involving due process" so that the phrase will then read:

"to define the powers of local boards of education in hearings involving due process and related matters".

Representative Knight of the 67th moves to amend SB 249 as fol lows:

by deleting from Section 2, line 6, page 6,

"employed under a contract for a definite term" and amending so as to read:

"who was on the payroll and under contract on the beginning day of the current school year,"

Representative Knight of the 67th moves to amend SB 249, Section 4.. Page 7, line 26 by inserting between the words "powers" and "under" the words "in the enforcement of due process" so that when amended the entire phrase will read as follows:

"In exercising its powers in the enforcement of due process under this Act, a local board of education shall be authorized:"

Representative Knight of the 67th moves to amend SB 249, Section 5. Page 8, Line 26 by deleting the words:

"Power of Superintendent"

and inserting in lieu thereof the following:

"Letters of Reprimand"

Representative Knight of the 67th moves to amend SB 249, Section 4, Page 8, Line 18 as follows:
by deleting between the word "prestige" and "salary" the word "or" and inserting in lieu thereof the word "and"
Representative Jordan of the 58th moves to amend SB 249 as follows:
By inserting the word "local" after the word "the"- on Page 3, Line 17.

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Representative Ham of the 80th moves to amend SB 249 by adding before the word, "witnesses" on line 18, page 2 the following: "known" and by adding at the end of line 19, page 2, the following: "The names of new witnesses shall be given as soon as practicable".

Representative Ham of the 80th moves to amend SB 249 by adding between lines 7 and 8 on page 2 the following additional reasons: "(6) For reduction in staff due to loss of students or cancellation of programs; (7) For failure to secure and maintain necessary educational training; and" and by changing the cymbols "(6)" on line 8, page 2 to (8)".

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 114, nays 0.

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

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 196. By Representatives Howell of the 140th, Bray of the 70th, Burton of the 47th and Tolbert of the 56th:
A Bill to amend Code Section 34-1505 relating to a recount or recanvass of the votes so as to provide for an automatic recount of the vote in certain circumstances.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 739. By Representatives Williamson of the 45th, Davis and Tolbert of the 56th, and others:
A Bill to amend Code Section 92-6402, relating to the payment of county taxes, so as to change the installment dates in certain counties for the payment of such taxes and a penalty for nonpayment of installments when due so as to strike the ten percent penalty on delinquent install ments.

FRIDAY, MARCH 21, 1975

3615

Representative Ross of the 76th moved that the following Resolution of the Senate be withdrawn from the Committee on Education and referred to the Com mittee on State Planning and Community Affairs:

SR 168. By Senators Stephens of the 36th, Hudson of the 35th and others:
A Resolution relative to the Atlanta Board of Education; and for other purposes.

The motion prevailed and SR 168 was withdrawn and recommitted.

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 376. By Reps. McDonald of the 12th, Smith of the 78th, and Hutchinson of the 133rd:
A Bill to amend the Executive Reorganization Act of 1972 so as to authorize the Dept. of Public Safety to exercise jurisdiction over safety of motor vehicles and over the drivers of motor vehicles operating as motor contract carriers of motor common carriers.

The President has appointed on the part of the Senate the following Senators: Reynolds of the 48th, Warren of the 43rd, and Pearce of the 16th:

The Senate has passed, by substitute, the following Bill of the House, to-wit:

HB 973. By Rep. Walker of the 115th:
A Bill to amend Code Section 53-202 relating to the application for a marriage license and the three-day waiting period, so as to change the provisions relative to the three-day waiting period.

The Senate disagrees to House amendment to the following Bill of the Senate, to-wit:
SB 149. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th, and Starr of the 44th:
A Bill to amend Code Section 13-203.2, relating to the expansion or extension of existing bank facilities, as amended, so as to provide for the installation of "automated teller facilities" OR "point-of-sale term inals".

3616

JOURNAL OF THE HOUSE,

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 890. By Rep. Collins of the 144th:
A Bill to regulate the storage and sale of flue-cured tobacco unsold in the year of production and stored for sale in the subsequent selling season.

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

HR 306-1138. By Rep. Marcus of the 26th:
A Resolution authorizing the conveyance of certain State-owned real property located in Fulton County, Georgia, to Fulton County.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 141. By Senators Starr of the 44th, Holloway of the 12th and Howard of the 42nd and others:
A Bill to amend the "Campaign Financing Disclosure Act", so as to change the short title of said Act; to change certain definitions; to provide for additional definitions; to provide for the reporting of all expenditures; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend the "Campaign Financing Disclosure Act", approved March 5, 1974 (Ga. Laws 1974, p. 155), so as to change the short title of said Act; to provide for a declaration of policy and intent; to provide for coverage of all Constitutional Judicial Officers and District Attorneys; to provide for coverage of certain county and munici pal elected officials by said Act; to change certain definitions; to pro vide for additional definitions; to provide for the reporting of certain expenditures and certain contributions; to provide for supplemental cam paign financing disclosure reports; to provide for limitations on the amounts candidates for certain elective offices may expend in further ance of their political campaigns; to provide for definitions; to pro vide for the return of excess contributions; to provide for the begin ning dates on such expenditures; to create a State Ethics Commission; to provide for the composition and appointment of members and their terms of office, powers, duties, compensation, expenses and qualifica tions; to provide for an executive secretary and additional staff for the Commission, and their powers, duties, authority, compensation and ex-

FRIDAY, MARCH 21, 1975

3617

penses; to provide for rules and regulations; to provide for subpoenas; to provide for forms; to provide for the preparation and publication of manuals; to provide for the filing of information; to provide for the preparation and publication of summaries and reports; to provide for investigations and the practices and procedures connected with such investigations; to provide for advisory opinions; to provide for orders; to provide that the Secretary of State shall provide certain services to the Commission; to change certain penalties for violations of the Act; 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. The "Campaign Financing Disclosure Act", approved March 5, 1974 (Ga. Laws 1974, p. 155), is hereby amended by striking Section 1, which reads as follows:

"Section 1. Short Title. This Act shall be known as and may be cited as the 'Campaign Financing Disclosure Act'.",

in its entirety, and inserting in lieu thereof a new Section 1, to read as follows:

"Section 1. Short Title. This Act shall be known as and may be cited as the 'Campaign and Financial Disclosure Act'."

Section 2. Said Act is further amended by striking Section 2 of said Act in its entirety and inserting in lieu thereof a new Section 2, to read as follows:

"Section 2. Policy and Intent Declared. It is hereby declared to be the policy of the State of Georgia in furtherance of its re sponsibility to protect the integrity of the democratic process and to insure fair elections for the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller Gen eral, Commissioner of Agriculture, State 'School Superintendent, Commissioner of Labor and Public Service Commissioners, District Attorneys, members of the Georgia House of Representatives and Georgia Senate, all Constitutional Judicial Officers, and all county and municipal elected officials; to institute and establish a require ment of public disclosure of campaign contributions and expendi tures relative to the seeking of such offices."
Section 3. Said Act is further amended by striking the period at the end of subsections (c) and (d) of Section 3 and inserting at the end of each such subsection the following:
", but the term specifically shall not include the value of personal services performed by persons w.ho serve without compensa tion from any source and on a voluntary basis.",
so that when so amended, subsections (c) and (d) of Section 3 shall read as follows:

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JOURNAL OF THE HOUSE,

"(c) 'Contribution' means a gift, subscription, loan, forgiveness of debt, advance or deposit of money or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of any person for the offices provided for in Section 2., but the term specifically shall not include the value of personal services performed by persons who serve without com pensation from any source and on a voluntary basis.
(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 elec tion of any person for the offices provided for in Section 2., but the term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis."
Section 4. Said Act is further amended by striking subsection (g) of Section 3 in its entirety and substituting in lieu thereof a new sub section (g) of Section 3, to read as follows:
"(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 expenditures, regardless of the amount of such expenditures, and all contributions of $101.00 or more, including contributions of lesser amounts when the aggregate amount thereof by a person is $101.00 or more for the calendar year in which the report is filed."
Section 5. Said Act is further amended by striking subsections (a) and (b) of Section 6 in their entirety and by striking the paragraph immediately following subsection (b) in its entirety, and substituting in lieu thereof new subsections (a) and (b) of Section 6 and a new paragraph immediately following subsection (b) to read as follows:

"(a) The amount, name and mailing address of any person making a contribution in excess of $101.00 during the 12 months preceding the date on which the December 31st report is filed in cluding the purchase of tickets for events such as dinners, luncheons, rallies and similar fund raising events within said period.
(b) The name and mailing address of any person to whom an expenditure is made and the amount of such expenditure.
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 and all candidates shall make a final campaign disclosure report no later than December 31 of the year in which the election occurs. All candidates shall have a five-day grace period in filing the re quired reports. The mailing of said reports by United States Mail with adequate postage thereon, within the required filing time, shall be prima facie evidence of filing. A report or statement

FRIDAY, MARCH 21, 1975

3619

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 expenditures which were listed in previous reports."
Section 6. Said Act is further amended by adding at the end of Section 6 a new paragraph to read as follows:
"A supplemental Campaign Financing Disclosure Report shall be filed by each person elected to an office covered by this Act, no later than December 31 of each year following the year in which the election occurs. If no contribution is received or expenditure made which is required to be reported under this Act between the date of the last Campaign Financing Report filed pursuant to this Act and December 31 of any year, a supplemental Campaign Financ ing Disclosure Report shall not be required by this Act."

Section 7. Said Act is further amended by adding, following Sec tion 8, a new Section 8A, to read as follows:
"Section 8A. (a) Candidates for the following elected offices shall be limited in the total amount each may expend from his personal funds and from contributions made in furtherance of his political campaign, personally and through his campaign committee, as follows:
(1) Candidates for the office of Governor shall not expend more than $400,000.00 for any primary, $300,000.00 for the general election, and $200,000.00 for each runoff.
(2) Candidates for other statewide offices shall not expend more than $175,000.00 for any primary, $125,000.00 for the general election, and $75,000.00 for each runoff.
(3) Candidates for the State Senate shall not expend more than $10,000.00 for any primary, $10,000.00 for the general election, and $4,000.00 for each runoff (primary or general).

(4) Candidates for the State House of Representatives shall not expend more than $6,000.00 for any primary, $6,000.00 for the general election, and $3,000.00 for each runoff (primary or general).

(5) In all multi-member or floaterial House District races, candidates shall be allowed to expend sums to exceed the limits set forth in (4) above in an amount not to exceed 50'/f of said limits.

(6) The provisions of paragraphs (1) and (2) hereof to the contrary notwithstanding, candidates for the office of Governor or for any other elected office who do not hold any Constitutional State or federal office at the time of qualifying may expend, in

3620

JOURNAL OP THE HOUSE,

addition to the amount specified in paragraph (1) or (2) for the primary, an additional amount for the primary only equal to 25% of the amount specified for the primary in paragraph (1) or (2).

(b) For the purposes of this Section, 'expend' shall mean the making or incurring of any expenditure. The voluntary services of individuals for which no compensation is sought or paid and the value of such voluntary services shall not be included within the meaning of 'expenditure', as used in this Section.

(c) 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, in excess of the amount permitted to be expended by subsection (a), the amount of such excess contribution shall be returned immediately. The cost of returning such contribution may be deducted from the amount re turned.

(d) The expenditure limitation for each office as provided in subsection (a) shall be the total amount a candidate may expend in a political campaign for such office, beginning on the first day of January immediately preceding the election in which he is a candi date."

Section 8. Said Act is further amended by striking Section 9, which reads as follows:
"Section 9. State Campaign Ethics Commission. There is hereby created the State Campaign Ethics Commission consisting of five members. One member shall be appointed by the Governor, one shall be appointed by resolution of the Senate, and one shall be appointed by resolution of the House of Representatives. The three members thus appointed shall meet, and by majority vote, appoint two other members who shall not be members of the same political party, and one of the five members shall be elected by the com mission members to serve as chairman. No person holding public office or employment, and no person formerly holding public office or employment within the past two years, shall be a member of the Commission. All members must be confirmed by the Senate. Terms of members shall be five years, except that, of the initial members, the Governor's appointee shall have a term ending the third Monday in February, 1975; the first appointee selected by the three commission members shall have a term ending the third Monday in February, 1976; the second appointee selected by the three commission members shall have a term ending the third Monday in February, 1977; the appointee of the House of Repre sentatives shall have a term ending the third Monday in February,
1978; and the appointee of the Senate shall have a term ending the
third Monday in February, 1979. Each member shall hold office
.until his successor is appointed and qualified. A vacancy shall be
filled in the same manner as the appointment for which the vacancy
exists was made.",

FRIDAY, MARCH 21, 1975

3621

in its entirety, and inserting in lieu thereof a new Section 9, to read as follows:

"Section 9. State Ethics Commission, (a) There is hereby created the State Ethics Commission.

(b) The Commission shall be composed of five members. The initial membership of the Commission shall be appointed as follows: one member shall be appointed by the Secretary of State for an initial term of office of one year; one member shall be appointed by the Lieutenant Governor for an initial term of office of two years; one member shall be appointed by the Speaker of the House of Representatives for an initial term of office of three years; and two members, not more than one of whom shall be from the same political party, shall be appointed by the Governor for initial terms of office of four years and five years, respectively. The terms of office of initial members shall commence on May 1, 1975, Members of the Commission shall not serve for more than one term of office. Upon the expiration of a member's term of office, a new member, appointed in the same manner as the member whose term of office expired, shall become a member of the Commission and shall serve for a term of office of five years, and until his successor is duly appointed and qualified. If a vacancy occurs in the membership of the Commission, a new member shall be appointed to the unexpired term of office by the State official who appointed the vacating member.

(c) Any person who has qualified to run for office who has held any Federal, State or local public office within a period of 5 years prior to his appointment shall be ineligible to serve as a mem ber of the Commission. The Commission shall elect a chairman, and shall adopt rules and regulations as required by Section 3 (a) of the Georgia Administrative Procedure Act (Ga. Laws 1964, p. 338), as amended. All rules of the Commission shall be promulgated in accordance with the Georgia Administrative Procedure Act (Ga.
Laws 1964, p. 338), as amended.

(d) Members of the Commission shall serve without compensa tion, but shall be reimbursed in an amount of $36 per diem for each day or portion thereof spent in serving as members of the Com mission. They shall be paid their necessary traveling expenses while engaged in the business of the Commission.

(e) The Commission shall have the authority:

(1) to employ an executive secretary and such additional staff as the Commission deems necessary to carry out the powers dele gated to the Commission by this Act;

(2) to promulgate and adopt rules and regulations as defined in the Georgia Administrative Procedure Act (Ga. Laws 1964, p. 338), as amended;

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JOURNAL OF THE HOUSE,

(3) to issue subpoenas to compel any person to appear, give sworn testimony or produce documentary or other evidence;
(4) to institute and prosecute actions in the superior courts, in its own name, seeking to enjoin or restrain any violation or threatened violation of this Act.
(f) The Commission shall have the following duties:
(1) to prescribe forms to be used in complying with the pro visions of this Act;
(2) to prepare and publish a manual setting forth recom mended uniform methods of accounting and reporting for use by persons required to file statements and reports by this Act;
(3) to accept and file any information voluntarily supplied that exceeds the requirements of this Act;
(4) to develop a filing, coding and cross-indexing system con sonant with the purposes of this Act;
(5) to made each statement and report filed by a candidate with it available for public inspection and copying during regular office hours at the expense of any person requesting copies at a charge not to exceed actual cost;

(6) to adopt a retention standard for records of the Com mission in accordance with the Georgia Records Act (Ga. Laws 1972, p. 1267), as amended;

(7) to prepare and publish monthly, quarterly and annual summaries of these statements and reports received, listing separate ly therein individual registrants and other persons;

(8) to prepare and publish such other reports and technical studies as in its judgment will tend to promote the purposes of this Act;
(9) to provide for wide public dissemination of such summaries and reports;
(10) to determine whether the required statements and reports have been filed and, if so, whether they conform to the requirements of this Act;
(11) to make investigations with respect to the statements and reports filed under the provisions of this Act, and with respect to alleged failure to file any statements or reports required under the provisions of this Act, and, upon complaint by any person, with respect to alleged violation of any part of this Act;

. FRIDAY, MARCH 21, 1975

3623

(12) to conduct a preliminary investigation of the merits of a complaint when any person who believes that a violation of this Act has occurred files a complaint, and if no reasonable grounds to believe that a violation has occurred, the complaint shall be dismissed, subject to being reopened upon discovery of additional evidence or relevant material. If the Commission determines that there are such reasonable grounds, it shall give notice by summon ing the persons believed to have committed the violation to a hear ing. The hearing shall be conducted in all respects in accordance with the Georgia Administrative Procedure Act, as amended. The complainant shall be given an acknowledgment and status report within ten days of registering said compaint and shall be given an estimate of the time required to complete said investigation. The Commission may file a complaint charging violations of this Act, and any person aggrieved by the final decision of the Com mission is entitled to judicial review in accordance with the pro vision of the Administrative Procedure Act, as amended;

(18) to report suspected violations of law to the appropriate law enforcement authority;

(14) to issue, upon request, and publish advisory opinions on the requirements of this Act, based on a real or hypothetical set of circumstances;

(15) to issue orders, after the completion of appropriate pro ceedings, directing compliance with this Act, or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator:

(i) to cease and desist from committing further violations;

(ii) to make public complete statements, in corrected form, containing the information required by this Act;

(16) to make public the fact that a violation has occurred and the nature thereof;

(17) to petition the superior court within the county where the hearing was or is being conducted for the enforcement of any order issued in connection with such hearing;

(18) to inspect each statement and report within ten days after filing and to notify the registrant immediately if it appears that such statement or report does not conform to the law, or that a written complaint has been filed alleging that such statement or report does not conform to law or to the truth, or that a person has failed to file a statement or report required by law;

(19) to report to the General Assembly and the Governor at the close of each fiscal year concerning the action taken during that time, the names, salaries and duties of all individuals employed and the funds disbursed, and to make such further report on the

3624

JOURNAL OP THE HOUSE,

matters within its jurisdiction and such recommendations for further legislation as may appear desirable.

(g) The Secretary of State, through his office shall perform the ministerial functions which the Commission may require. The office of the Secretary of State shall be designated as the place where the public may file papers or correspond with the Commission and receive any form or instruction from the Commission. The Secretary of State or his designee shall serve as secretary to the Commission."

Section 9. Said Act is further amended by striking Section 9A, which reads as follows:

"Section 9A. Duties and Powers. The Commission shall have the following duties and powers:

(a) The Commission shall make rules as are necessary to administer this Act and to carry out its duties under this Act.

(b) The Commission shall receive and review documents filed with it, and shall make such documents available for review by any interested citizen of this State.

(c) Upon request from the appropriate prosecutorial officers of any State court, the Commission shall make such documents available to the appropriate prosecutorial officers of any State court.

(d) The Commission annually shall make a report to the General Assembly covering its activities and recommending legislation to improve public confidence in government.",

in its entirety.

Section 10. Said Act is further amended by striking Section 10, which reads as follows:

"Section 10. Penalties. Any person who knowingly violates any of the provisions 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.",

in its entirety, and inserting in lieu thereof a new Section 10, to read as follows:
"Section 10. Penalties. Any person who knowingly fails to comply with or who knowingly violates any of the provisions of this Act shall be guilty of a misdemeanor on the first offense, and upon conviction thereof, shall be punished as for a misdemeanor; and upon the second or subsequent offense shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment

FRIDAY, MARCH 21, 1975

3625

for not less than one nor more than five years or by a fine not to exceed $5,000, or both."

Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Horton of the 43rd moved that SB 141 and all amendments thereto be recommitted to the Committee on Rules for further study.

Representative Karrh of the 106th offered a substitute motion that SB 141 and all amendments thereto be placed upon the table.

On the motion to table SB 141, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, John Alexander Bargeron Baugh Blackshear Brown Carnes Carter Childs Clifton Cole Coleman Colwell Crawford Dean Dixon Edwards, C. W. Edwards, W. Egan Elliott Evans, B.

Evans, W. D. Pelton Poster, P. W. Foster, R. L. Greer Ham Harden Harris, J. G. Harrison Hays Horton Hudson Hutchinson Irvin,R. Jones Karrh Keyton Lane, W. J. Linder Long

Lucas McDonald Miles Mullinax Nessmith Parham Patten, G. C. Patten, R. L. Phillips, W. R. Pinkston Reaves Ross Rush
Shanahan Stone Sweat Thomason Thompson Triplett Waddle

Those voting in the negative were Representatives:

Adams, G. D. Adams, Marvin Bailey Banks Battle Beck

Beckham Bolster Bowman Buck Burruss Burton

Calhoun Carlisle Carrell Castleberry Chance Childers

3626
Clark, Betty Cox Culpepper Daug-herty Davis Dover Gammage Gignilliat Glanton Glover Hamilton Harris, B. B. Hatcher Hawkins Hill, B. L. Hill, G. Holmes Howell Irvin, J. Jackson Jessup Johnson, R. Johnson, W. R. Jordan

JOURNAL OP THE HOUSE,

Kilgore King Knight Kreeger Lambert Lane, Dick Larsen, W. W. Lee Leonard Logan Mann Marcus Matthews, D. R. McCollum Milford Mostiler Noble Oxford Parkman Parrish Petro Phillips, L. L. Phillips, R. T. Rainey

Randall Richardson Russell, J. Russell, W. B. Sams Sigman Smith, J. R. Smith, V. B. Smyre Snow Taggart Tolbert Tucker Twiggs Walker Wall Watson West Whitmire Williams Williamson Wilson Wood

Those not voting were Representatives:

Berry Bray Carr Clark, L. Collins Connell Cooper Dent Fraser Harris, J. F.

Howard Irwin Larsen, G. K. Leggett Matthews, C. McKinney Peters Ray Scott

Sheats Sizemore Toles Townsend Vaughn Ware Wheeler White Mr. Speaker

Due to mechanical failure the vote of Representative Nix of the 20th could not be recorded. The Speaker ordered the vote of "nay" to be added to the total count.

On the motion, the ayes were 61, nays 90.

The motion was lost.

The motion to recommit was withdrawn by the maker.

Representative Lee of the 72nd moved the previous question on SB 141.

FRIDAY, MARCH 21, 1975

3627

Representative Linder of the 44th and others objected.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, John Adams, Marvin Alexander Bailey Berry Bolster Bowman Buck Carlisle Carnes Castleberry Childers Childs Clark, Betty Clark, L.
Cole
Culpepper Daugherty Edwards, C. W. Edwards, W. Evans, B. Gammage Hamilton Harris, B. B.

Harrison Hatcher Hawkins Hays Hill, G. Holmes Howell Hutchinson Jackson Johnson, R. Johnson, W. R. Jordan Keyton Knight Kreeger Lambert Lee Leonard Long Lucas Mann Matthews, D. R. McDonald Miles

Milford Mostiler Mullinax Parrish Patten, G. C. Patten, R. L. Phillips, L. L. Pinkston Rainey Randall Reaves Rush Sizemore Snow Thompson Triplett Walker Watson West White Whitmire Wilson Wood

Those voting in the negative were Representatives:

Adams, G. D. Banks Bargeron Battle Baugh Beck Beckham Blackshear
Brown Burton Calhoun Carrell Chance Clifton Coleman Colwell
Cox Crawford Davis Dean

Dent Dixon Dover Egan Elliott Evans, W. D. Pelton Foster, P. W. Foster, R. L. Gignilliat Glanton Glover Greer Ham Harden Harris, J. G. Hill, B. L. Horton Hudson Irvin, J.

Irvin, R. Irwin Jessup Jones Karrh King Lane, Dick Lane, W. J. Linder
Logan Marcus McCollum Nessmith
Noble Oxford Parham Parkman
Petro Phillips, R. T. Phillips, W. R.

3628
Richardson Ross Russell, J. Russell, W. B. Sams Shanahan Sigman

JOURNAL OF THE HOUSE,

Smith, J. R. Smith, V. B. Smyre Stone Sweat Taggart Thomason

Tolbert Tucker Twiggs Waddle Wall Williams Williamson

Those not voting were Representatives:

Bray Burruss Carr Carter Collins Connell Cooper Fraser Harris, J. F.

Howard Kilgore Larsen, G. K. Larsen, W. W. Leggett Matthews, C. McKinney Peters Ray

Scott Sheats Toles Townsend Vaughn Ware Wheeler Mr. Speaker

Due to mechanical malfunction, the voting machine was not recording the votes of Representatives Owens of the 77th, who was desiring to vote "nay" and Representative Nix of the 20th, who was desiring to vote "aye".

The Speaker ordered their votes counted in the final tally.

On the motion, the ayes were 72, nays 82.

The motion was lost.

Representative Carter of the 146th wished to be recorded as voting "aye" on the motion to order the previous question on SB 141.

The following amendment was read:
Representative Burton of the 47th moves to amend the Committee substitute to SB 141 as follows: Strike the comma after "office" on line 19, page 7 and insert a period. Strike all the rest of line 19 and all of lines 20 and 21, 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 Representatives:

Adams, G. D. Alexander Bargeron

Baugh Beckham Brown

Burton Calhoun Carter

Cole Coleman Colwell Cooper Crawford Culpepper Dixon Dover Edwards, C. W. Egan Elliott Evans, B. Pelton Foster, P. W. Foster, R. L. Harden Harrison

FRIDAY, MARCH 21, 1975

3629

Hill, G. Howard Hutchinson Irvin, J. Irvin, R. Irwin Jessup Karrh Lane, Dick Lane, W. J. Leonard Linder Mann McCollum Milford Nix Noble

Owens Parham Petro Phillips, R. T. Rush Sams Sheats Sigman Sizemore Smith, V. B.
Stone Tucker Twiggs Waddle Williams Williamson

Those voting in the negative were Representatives:

Adams, John Adams, Marvin Bailey
Beck Blackshear Bolster Bray Burruss Carlisle
Carnes Carrell Chance Childers Childs Clark, Betty Clifton Cox Davis Dean Edwards, W. Evans, W. D. Gammage Gignilliat Glanton Glover Greer Ham

Harris, B. B. Hawkins
Hays Hill, B. L. Holmes Howell Hudson Jackson Johnson, R. Johnson, W. R.
Jones Keyton ' Kilgore King Knight Kreeger Lambert Larsen, W. W.
Lee Logan Long Lucas Marcus Miles Mostiler Mullinax Nessmith

Oxford Parkman Parrish Phillips, W. R. Pinkston Rainey Randall Reaves Richardson Ross Russell, J. Russell, W. B. Shanahan Smith, J. R. Smyre Taggart Thomason Tolbert Walker Wall Ware Watson West White Whitmire
Wilson Wood

Those not voting were Representatives:

Banks Battle Berry Bowman

Buck Carr Castleberry Clark, L.

Collins Connell Daugherty Dent

3630
Fraser Hamilton Harris, J. G. Harris, J. F. Hatcher Horton Jordan Larsen, G. K. Leggett Matthews, C.

JOURNAL OF THE HOUSE,

Matthews, D. R. McDonald McKinney Patten, G. C. Patten, R. L. Peters Phillips, L. L. Ray Scott

Snow Sweat Thompson Toles Townsend Triplett Vaughn Wheeler Mr. Speaker

On the adoption of the amendment, the ayes were 59, nays 81.

The amendment was lost.

The following amendment was read:
Representative Beckham of the 89th moves to amend the Committee substitute to SB 141 as follows:
In Section 8, page 8, by striking everything after "Members" on line 32 and before "shall" on line 34 and adding "one selected by the State Committee on the party whose candidate for Governor received the second highest number of votes in the general election or general election runoff for Governor as the case may be".

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

Those voting- in the affirmative were Representatives:

Bargeron Baug-h Beckham Bolster Burton Calhoun Chance Childs Cooper Cox Crawf ord Davis Dent Dixon Egan Elliott

Felton Glanton Ham Harrison Hill, G. Howard Hutchinson Irvin, R. Jones Lane, Dick Lane, W. J. Linder Miles Nix Noble Owens

Parham Parkman Petro Phillips, R. T. Russell, W. B. Sams Sigman Smith, V. B. Stone Sweat Taggart Tolbert Waddle Williams Williamson

FRIDAY, MARCH 21, 1975

3631

Those voting in the negative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Battle Beck Blackshear Bray Brown Burruss Carlisle Carnes Carrell Carter Castleberry Childers Clark, Betty Clifton Cole Coleman Colwell Culpepper Daugherty Dover Edwards, C. W.
Edwards, W. Evans, B. Evans, W. D. Foster, P. W. Foster, R. L. Gammage Gignilliat Glover Greer

Hamilton Harden Harris, B. B. Hatcher Hawkins Hays Hill, B. L. Holmes Howell Hudson Irvin, J. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jordan Karrh Keyton Kilgore King Knight Kreeger Lambert Larsen, W. W. Lee Leonard Logan Long Lucas Mann Marcus. McCollum Milford

Mostiler Mullinax Nessmith Oxford Parrish Patten, R. L. Phillips, W. R. Pinkston Rainey Randall Reaves Richardson
Ross Rush Russell, J. Shanahan Sheats Sizemore Smith, J. R. Smyre Thomason Thompson Triplett Tucker Twiggs Walker Wall Ware Watson West White Whitmire Wilson Wood

Those not voting were Representatives:

Banks Berry Bowman Buck Carr Clark, L. Collins Connell Dean Fraser

Harris, J. G. Harris, J. F. Horton Larsen, G. K. Leggett Matthews, C. Matthews, D. R. McDonald McKinney Patten, G. C.

Peters Phillips, L. L.
Ray Scott Snow Toles Townsend Vaughn Wheeler Mr. Speaker

On the adoption of the amendment, the ayes were 47, nays 103.

The amendment was lost.

3632

JOURNAL OP THE HOUSE,

The following amendment was read:

Representative Sweat of the 150th moves to amend the Committee substitute to SB 141 by striking on page 4, subsection (g) of Section 4 in its entirety and substituting in lieu thereof a new subsection (g) to read as follows:

"(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 expenditures and all contributions of $101.00 or more, including contributions and expenditures of lesser amounts when the ag gregate amount thereof by or to a person is $101.00 or more in the aggregate for the calendar year in which the report is filed."

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

Those voting in the affirmative were Representatives

Adams, G. D. Alexander Bargeron Battle
Baugh Beckham Blackshear Brown Burruss Burton Calhoun Carnes Carrell Carter Chance Childs Clifton Cole Colwell Cooper Cox
Crawford Daugherty Dixon Dover Edwards, C. W. Egan Elliott Evans, B. Evans, W. D. Foster, P. W. Foster, R. L. Gignilliat

Greer Harden Harris, B. B. Harris, L. G. Harrison Hays Hill, B. L. Hill, G. Howard Hudson Hutchinson Irvin, J.
Irvin, R. Jessup Jones Karrh Keyton Kilgore King Kreeger Lane, Dick Lane, W. J. Leonard Linder Long Marcus Miles Milford Mullinax Nessmith Nix Noble Owens

Parham Parrish Patten, R. L. Petro Phillips, R. T. Pinkston Randall
Reaves Ross Rush Russell, J. Russell, W. B. Sams Shanahan Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Stone Sweat Taggart Thomason Triplett Tucker Twiggs Waddle Wall Ware Watson Williams Williamson

FRIDAY, MARCH 21, 1975

3633

Those voting in the negative were Representatives:

Adams, John Adams, Marvin Bailey Banks Beck Bolster Bowman Bray Carlisle Childers Clark, Betty Clark, L. Coleman Culpepper Davis Dean Edwards, W.

Gammage Glanton Glover Ham Hatcher Hawkins Holmes Irwin
Jackson Johnson, R. Johnson, W. R. Jordan Knight Lambert Larsen, W. W. Lee

Mann Matthews, D. R. McCollum Mostiler
Oxford Parkman Phillips, W. R. Rainey Richardson Tolbert Walker West White Whitmire Wilson Wood

Those not voting were Representatives:

Berry Buck Carr Castleberry Collins Connell Dent Pelton Fraser Hamilton Harris, J. F.

Horton Howell Larsen, G. K. Leggett Logan Lucas Matthews, C. McDonald McKinney Patten, G. C. Peters

Phillips, L. L. Ray Scott Snow Thompson Toles Townsend
Vaughn Wheeler Mr. Speaker

On the adoption of the amendment, the ayes were 99, nays 49.

The amendment was adopted.

The following amendment was read :

Representative Williamson of the 45th moves to amend the Committee sub stitute to SB 141 by adding a new Section 6 and renumbering Section 6 and all other sections accordingly. New Section 6 to read: "Any individual, organization, association, labor union, partnership or corporation that contributes to five or more candidates or the total contributed is $1,000 or more shall file reports on the same dates as set forth in Section 5 and shall contain the following: Name and mailing address of the candidate, amount contributed, office sought by the candidate and date of contribution for all candidates that have received contri butions from the appropriate individual, organization, association, labor union,
partnership or contributions.

3634

JOURNAL OP THE HOUSE,

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

Those voting in the affirmative were Representatives:

Bargeron Baugh Beck Beckham Blackshear Bolster Burruss Burton Calhoun Carter Castleberry Chance Cole Coleman Cox Crawford Culpepper Da vis Dover Edwards, C. W. Egan Elliott Evans, B. Felton Foster, P. W. Foster, R. L.

Ham Harris, J. G. Harrison Hawkins Hill, G. Holmes Horton Howard Hutchinson Irvin, R. Jessup Jones Jordan Karrh Kilgore Lane, W. J. Larsen, W. W. Leonard Linder Logan Mann Marcus Miles Nessmith Nix Noble

Owens Oxford Parham Parrish Petro Phillips, R. T. Phillips, W. R. Ross Rush Russell, W. B. Sams Shanahan Sigman Sizemore Smith, V. B. Stone Taggart Tolbert Triplett Tucker Twiggs Waddle Walker Williams Williamson

Those voting in the negative were Representatives

Adams, G. D. Adams, John Adams, M. Alexander Bailey Banks Battle Bowman Bray Brown Carlisle Games Carrell Childers Childs Clark, Betty Clark, L. Clifton Colwell Cooper

Daugherty Dean Dixon Edwards, W. Evans, W. D. Gammage Gignilliat Glanton Glover Greer Hamilton Harden Harris, B. B. Hatcher Hays Hill, B. L. Howell Hudson Irvin, J. Irwin

Jackson Johnson, R. Johnson, W. R. Keyton King Knight Kreeger Lambert Lane, Dick Lee Long Lucas McCollum McDonald Milford Mostiler Mullinax Parkman Patten, R. L. Pinkston

Rainey Randall Reaves Richardson Russell, J. Sheats

FRIDAY, MARCH 21, 1975

3635

Smith, J. R. Smyre Sweat Thomason Wall Ware

Watson West White Whitmire Wilson Wood

Those not voting were Representatives:

Berry Buck Carr Collins Connell Dent Fraser Harris, J. F. Larsen, G. K.

Leggett Matthews, C. Matthews, D. R. McKinney Patten, G. C. Peters Phillips, L. L. Ray

Scott Snow Thompson Toles Townsend Vaughn Wheeler Mr. Speaker

On the adoption of the amendment, the ayes were 77, nays 78.

The amendment was lost.

An amendment, offered by Representatives Sigman of the 74th, Twiggs of the 4th and Parham of the 109th was read and ruled to be out of order by the Speaker.

The following amendment was read and adopted:
Representative Sweat of the 150th moves to amend the Committee substitute to SB 141 by striking on page 4, subsection (g) of Section 4 in its entirety and substituting in lieu thereof a new subsection (g) to read as follows:
"(g) 'Campaign Financing Disclosure Report' means a written report filed with the Secretary of State by a candidate or the Chair man or treasurer of a campaign committee setting forth all expendi tures and all contributions of $101.00 or more, including contribu tions and expenditures of lessor amounts when the aggregate amount thereof by or to a person is $101.00 or more in the aggregate for the calendar year in which the report is filed."

Representative Williamson of the 45th moved that the House reconsider its action in failing to adopt the Williamson amendment to the Committee substitute to SB 141.

On the motion, the roll call was ordered and the vote was as follows:

3636

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, Marvin Bargeron Baugh Beckham Bolster Bray Burton Calhoun Carter Castleberry Clifton Cole Coleman Crawford Culpepper Da vis Egan Elliott Evans, B. Felton Foster, P. W. Foster, R. L. Ham Harris, J. G.

Harrison Hawkins Hays Hill, G. Holmes Horton Howard Hutchinson Irvin, R. Jessup Jones Jordan Karrh Lane, Dick Lane, W. J. Leonard Linder Logan Marcus Miles Nessmith Nix Noble Owens Oxford

Parham Patten, G. C. Petro Phillips, R. T. Phillips, W. R. Ross Rush Russell, W. B. Sams Shanahan Sigman Sizemore Smith, J. R. Smith, V. B. Stone Thomason Tolbert Triplett Tucker Twiggs Waddle Walker Williams Williamson

Those voting in the negative were Representatives

Adams, John Alexander Bailey Battle Beck Blackshear Bowman Brown Buck Burruss Carlisle Carnes Carrell
Chance
Childers
Childs
Clark, Betty
Clark, L.
Colwell
Cooper
Cox
Daugherty
Dean

Dixon Dover Edwards, W. Evans, W. D. Gammage Gignilliat Glanton Glover Hamilton Harden Harris, B. B. Hatcher Hill, B. L.
Howell
Hudson
Jackson
Johnson, R.
Johnson, W. R.
Keyton
King
Knight
Kreeger
Lambert

Lee Long Lucas Mann McCollum McDonald Milford Mostiler Mullinax Parkman Parrish Patten, R. L. Pinkston
Rainey
Randall
Reaves
Richardson
Russell, J.
Sheats
Smyre
Snow
Sweat
Taggart

Thompson Wall Watson

FRIDAY, MARCH 21, 1975

3637

West White Whitmire

Wilson Wood

Those not voting were Representatives:

Banks Berry Carr Collins Connell Dent Edwards, C. W. Fraser Greer Harris, J. F.

Irvin, J. Irwin Kilgore Larsen, G. K. Larsen, W. W. Leggett Matthews, C. Matthews, D. R. McKinney Peters

Phillips, L. L. Ray Scott Toles Townsend Vaughn Ware Wheeler Mr. Speaker

On the motion, the ayes were 74, nays 77.

The motion was lost.

The following amendment was read:

Representative Blackshear of the 123rd moves to amend the Committee sub stitute to SB 141 by adding a new section numbered GA: "Any corporate entity or organization which either receives money or spends money or both, on and for candidates, is subject to the disclosure requirements of this Act the same as a candidate.

The following amendment to the Blackshear amendment was read and adopted:

Representative Walker of the 115th moves to amend the Blackshear amend ment to the Committee substitute to SB 141 by adding on page 1, line 13, after the word, "campaigns" the following, "to provide for reports by contributors".

The Blackshear amendment, as amended, was adopted.

The following amendment was read:

Representative Ham of the 80th moves to amend the Committee substitute to SB 141 by striking lines 12 through 25 on page 6. By striking the figure "(6)" on line 26 of page 6 and substituting in lieu thereof the figure "(3)" and by adding after the word, "other" on line 28 of page 6 the word, "statewide".

3638

JOURNAL OP THE HOUSE,

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

Those voting in the affirmative were Representatives:

Adams, G. D. Alexander Baugh Beckham Bray Brown Games Carter Childs Clifton Coleman Cooper Dean Edwards, C. W. Foster, P. W.

Greer Ham Harris, J. G. Harrison Hays Hill, B. L. Howard Hudson Hutchinson Jessup Keyton Lane, Dick Lane, W. J. Leonard

Long Lucas Mann Matthews, D. R. Nessmith Parham Patten, R. L. Rush Sheats Smith, J. R. Smith, V. B. Snow
Stone Thomason

Those voting in the negative were Representatives:

Adams, John Adams, M. Bailey Banks Bargeron Battle Beck Blackshear Bolster Bowman Buck Burruss Burton Calhoun Carlisle Carrell Castleberry Chance Childers Clark, L. Cole Colwell Cox Crawford Culpepper Daugherty Davis Dixon Dover Edwards, W. Eg-an

Elliott Evans, B. Evans, W. D. Felton Foster, R. L. Gammage Gignilliat Glanton Glover Harden Harris, B. B. Hatcher Hawkins Hill, G. Holmes Horton Irvin, J. Irvin, R. Irwin Jackson Johnson, R. Johnson, W. R. Jones
Jordan Karrh Kilgore King Knight Kreeger Lambert Larsen, W. W.

Lee Linder Logan Marcus McCollum McDonald Miles Milford Mostiler Mullinax Noble Owens Oxford Parkman Parrish Petro Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Reaves Richardson Russell, J. Russell, W. B. Sams Shanahan Sigman Smyre Sweat Taggart

Thompson Tolbert Triplett Tucker Twiggs Waddle

FRIDAY, MARCH 2,1, 1975

3639

Walker Wall Ware Watson West

White Whitmire Williamson Wilson Wood

Those not voting were Representatives:

Berry Carr Clark, Betty Collins Connell Dent Fraser Hamilton Harris, J. F. Howell

Larsen, G. K. Leggett Matthews, C. McKinney Nix Patten, G. C. Peters Phillips, L. L. Ray

Ross Scott Sizemore Toles Townsend Vaughn Wheeler Williams Mr. Speaker

On the adoption of the amendment, the ayes were 43, nays 109.

The amendment was lost.

Representative Harris of the 138th stated that he intended to vote "nay" on the adoption of the Ham amendment.

An amendment, offered by Representative Nessmith of the 82nd, was read and withdrawn by unanimous consent.

The following amendment was read:

Representatives Taggart of the 125th and Hill of the 127th move to amend the Committee Substitute to SB 141 as follows:
By adding following the semicolon after the word "expenditures" on line 16 of page 1, the following:
"to prohibit contributions by certain corporations;".
By adding following Section 7, ending on line 21 of page 7, the following:
"Section 8. Said Act is further amended by adding following Section 8A, one new Section to be designated Section 8B, to read as follows:

3640

JOURNAL OF THE HOUSE,

'Section 8B. A person acting on behalf of a public utility cor poration regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign.' "

By renumbering Sections 8 through 12 as Sections 9 through 13, respectively.

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, Marvin Alexander Banks Bargeron Beckham Blackshear Bolster Bowman Brown Burruss Burton Calhoun Carter Chance Clark, L. Clifton Cole Coleman Cooper Crawford Culpepper Davis Dean Dixon Edwards, C. W. Edwards, W. Egan Felton Foster, P. W. Foster, R. L. Gammage Glanton Glover Ham Harden

Harris, B. B. Harris, J. G. Harrison Hatcher Hawkins Hays Hill, B. L. Hill, G. Holmes Horton Howard Hutchinson Irvin, R. Irwin Johnson, R. Jordan Karrh Kreeger Lane, Dick Lane, W. J. Larsen, W. W. Lee Leonard Linder Logan Long Lucas Mann Marcus Matthews, D. R. Miles Milford Mostiler Mullinax Nessmith Nix

Noble Owens Oxford Parham Parkman Petro Phillips, R. T. Phillips, W. R. Randall
Ross Rush Russell, W. B. Sams Shanahan Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Snow Stone Sweat Taggart Thompson Tolbert Triplett Tucker Twiggs Waddle Walker Wall Watson West Williams Williamson Wilson

Those voting in the negative were Representatives:

Adams, John Baugh Beck Bray Buck

Carlisle Carnes Childers Childs Clark, Betty

Colwell Cox Daugherty Dover Elliott

Evans, B. Evans, W. D. Hamilton Howell Hudson Jackson Jessup Johnson, W. R. Jones

FRIDAY, MARCH 21, 1975
Keyton Kilgore King Knight Lambert McCollum McDonald Patten, R. L. Pinkston

Rainey Reaves Richardson Russell, J. Smyre Thomason Ware Whitmire Wood

. 3641

Those not voting were Representatives:

Bailey Battle Berry Carr Carrell Castleberry Collins Connell Dent Eraser

Gignilliat Greer Harris, J. F. Irvin, J. Larsen, G. K. Leggett Matthews, C. McKinney Parrish Patten, G. C.

Peters Phillips, L. L. Ray Scott Toles Townsend Vaughn Wheeler White Mr. Speaker

On the adoption of the amendment, the ayes were 108, nays 42.

The amendment was adopted.

The following amendment was read:
Representative Taggart of the 125th moves to amend the Committee substitute to SB 141 by striking the figure "$10,000.00" on lines 13 and 14 on page 6 and inserting in lieu thereof the figure, "$20,000.00". By striking the figure "$6,000.00" where they appear on line 18 on page 6 and inserting in lieu thereof the figure "$12,000.00".

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

Those voting in the affirmative were Representatives:

Battle Games Carter Chance Clifton Coleman Cox

Dean Gignilliat Harris, J. G. Hill, B. L. Jones Karrh

Lane, W. J. Leonard Nessmith Sigrnan Taggart Triplett

3642

JOURNAL OF THE HOUSE,

Those voting in the negative were Representatives:

Adams, G. D. Adams, Marvin Alexander Bailey Banks Bargeron Baugh Beck Beckham Blackshear Bolster Bowman Bray Buck Burruss Burton Calhoun Carlisle Carrell Castleberry Childers Childs Clark, Betty Clark, L. Cole Colwell Cooper Crawford Culpepper Daugherty Davis Dent Dixon Dover Edwards, C. W. Edwards, W. Egan Elliott Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Gammage Glanton

Glover Ham Hamilton Harden Harris, B. B. Harrison Hatcher Hawkins Hays Hill, G. Holmes Horton Howard Howell Hudson Hutchinson Irvin, R. Irwin Jackson Johnson, R. Johnson, W. R. Jordan Keyton Kilgore King Knight Kreeger Lambert Lane, Dick Larsen, W. W. Lee Linder Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald Miles Milford Mostiler Mullinax Noble

Owens Oxford Parkman Parrish Patten, R. L. Petro Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Reaves Richardson Ross Rush Russell, J. Russell, W. B. Sams Shanahan Sheats Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Thomason Thompson Tolbert Tucker Twiggs Waddle Walker Wall Ware Watson West White Whitmire Williams Williamson Wilson Wood

Those not voting were Representatives:

Adams, John Berry Brown Carr

Collins Connell Fraser Greer

Harris, J. F. Irvin, J. Jessup Larsen, G. K.

Leggett Matthews, C. McKinney Nix Parham

FRIDAY, MARCH 21, 1975

3643

Patten, G. C. Peters Phillips, L. L. Ray Scott

Toles Townsend Vaughn Wheeler Mr. Speaker

On the adoption of the amendment, the ayes were 19, nays 134.

The amendment was lost.

The following amendment was read and adopted:

Representative King of the 96th moves to amend the Committee substitute to SB 141 as follows:
By striking in its entirety Section 3, beginning on line 6 of page 3, and inserting in lieu thereof two new Sections, to be designated Section 3 and Section 3A, to read as follows:
"Section 3. Said Act is further amended by striking the period at the end of subsection (c) of Section 3 and inserting at the end of such subsection the following:
', but the term specifically shall not include the value of per sonal services performed by persons who serve without compensation from any source and on a voluntary basis. "Contribution" shall in clude retainer fees, fees or compensation paid to public relation consultants who are candidates for office or any other form of payment made to candidates for office or who hold office when such fees and compensation made can be reasonably construed as a cam paign contribution designed to encourage or influence the candidate or officeholder to introduce legislation which enriches the person, company, corporation or other entity which made the contribution. Introduction of such enriching legislation by the candidate subse quent to his election to office shall be prima facie evidence that the fee, compensation or retainer fee was a campaign contribution under the meaning of this Act.',
so that when so amended, subsection (c) of Section 3 shall read as follows:
'(c) "Contribution" means a gift, subscription, loan, forgive ness of debt, advance or deposit of money or anything of value conveyed or transferred for the purpose of influencing the nomi nation for election or election of any person for the offices provided for in Section 2., but the term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. "Contri bution" shall include retainer fees, fees or any other form of pay ment made to candidates for office or who hold office when such

3644

JOURNAL OP THE HOUSE,

fees and compensation made can be reasonably construed as a cam paign contribution designed to encourage or influence the candidate or officeholder to introduce legislation which enriches the person, company, corporation or other entity which made the contribution. Introduction of such enriching legislation by the candidate subse quent to his election to office shall be prima facie evidence that the fee, compensation or retainer fee was a campaign contribution under the meaning of this Act.' "

"Section 3A. Said Act is further amended by striking the period at the end of subsection (d) of Section 3 and inserting at the end of such subsection the following:

', but the term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis.',

so that when so aemnded, subsection (d) of Section 3 shall read as follows:

'(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. but the term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis.' "

The following amendment was read and adopted:
Representative Coleman of the 118th moves to amend the Committee substitute to SB 141 by adding on page 4, section 5 a new subsection (c) between lines 29 and 30 which shall read as follows: "The name and mailing address of any person or persons who cosign a bank note or loan for political purposes with said candidate."

An amendment, offered by Representatives Hill of the 127th and White of the 132nd was read and ruled to be out of order by the Speaker.

An amendment, offered by Representative Wall of the 61st, was read and lost.

The following amendment was read:
Representatives Cole of the 6th, Sigman of the 74th, Adams of the 14th and others move to amend the Committee substitute to SB 141 as follows:
By deleting the heading and all sections in their entirety and sub stituting the following:

FRIDAY, MARCH 21, 1975

3645

A Bill to be entitled an Act, to repeal an Act known as the "Campaign Financing Disclosure Act".

Section 1: The general assembly of Georgia hereby repeals the "Campaign Financing Disclosure Act" approved March 5, 1974 (Ga. Laws 1974, p. 155).

Section 2: This Act shall become effective on passage by both houses of the General Assembly and the signature of 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.

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

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Battle Baugh Carter Cole Cooper Dean Edwards, W. Foster, P. W.

Foster, R. L. Gammage Hudson Hutchinson Irvin, J. Jones Lane, Dick Lane, W. J. Leonard

Lucas McDonald Patten, R. L. Sigman Smith, J. R. Thomason Triplett Twiggs White

Those voting in the negative were Representatives:

Adams, Marvin Alexander Banks Bargeron Beck Blackshear Bolster Bowman Bray Brown Burruss Burton Calhoun Carlisle Carnes Carrell Castleberry Chance Childers Clark, Betty

Clark, L. Clifton Colwell Cox Crawford Culpepper Daugherty Davis Dixon Dover Edwards, C. W. Egan Elliott Evans, B. Evans, W. D. Felton Gignilliat Glanton Glover Ham

Harden Harris, B. B. Harrison Hatcher Hawkins Hays Holmes Horton Howard Howell Irvin, R. Irwin Jackson Johnson, R. Johnson, W. R. Jordan Karrh Keyton Kilgore King

3646
Kreeger Lambert Larsen, W. W. Lee Linder Logan Long Mann Marcus McCollum Miles Milford Mostiler Mullinax Noble Owens Oxford Parkman

JOURNAL OF THE HOUSE,

Parrish Petro Phillips, R. T. Phillips, W. R. Pinkston Rainey Reaves Richardson Ross Rush Russell, J. Russell, W. B. Sams Shanahan Sheats Smith, V. B. Smyre

Snow Stone Sweat Taggart Tolbert Tucker Waddle Walker Wall Ware Watson West Whitmire Williams Williamson Wilson Wood

Those not voting were Representatives:

Bailey Beckham Berry Buck Carr Childs Coleman Collins Connell Dent Fraser Greer Hamilton Harris, J. G.

Harris, J. F. Hill, B. L. Hill, G.
Jessup Knight Larsen, G. K. Leggett Matthews, C. Matthews, D. R. McKinney Nessmith Nix Parham

Patten, G. C. Peters Phillips, L. L. Randall Ray Scott Sizemore Thompson Toles Townsend Vaughn Wheeler Mr. Speaker

On the adoption of the amendment, the ayes were 28, nays 112.

The amendment was lost.

Representative Lane of the 40th moved that the House reconsider its action in ordering the previous question on SB 141.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Clifton Cox Elliott

Ham Irvin, R. Lane, Dick

Leonard Noble

FRIDAY, MARCH 21, 1975

3647

Those voting in the negative were Representatives :

Adams, G. D. Adams, John Adams, Marvin Bailey Banks Bargeron Battle Baugh Beck Blackshear Bolster Bowman Bray Brown Buck Burruss Burton Calhoun Carlisle Carnes Carrell Carter Castleberry Chance Childers Clark, L. Cole Colwell Cooper Crawford Culpepper Davis Dean Dent Dixon Dover Edwards, C. W. Edwards, W. Egan Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Gammage

Gignilliat Glanton Glover Greer Harden Harris, B. B. Harrison Hatcher Hawkins Hays Hill, G. Holmes Horton Howard Hudson Hutchinson Irvin, J. Irwin Jackson Johnson, R. Johnson, W. R. Jones Jordan Karr Keyton Kilgore King Knight Kreeger Lambert Larsen, W. W. Lee Linder Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald Miles Milford Mostiler Mullinax

Owens Oxford Parham Parkman Patten, R. L. Petro Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall
Reaves Richardson Ross Rush Russell, J. Russell, W. B. Sams Shanahan Sheats Sigman Smith, J. R. Smith, V. B. Smyre Snow Stone
Sweat Taggart Thomason Thompson Tolbert Triplett Tucker Twiggs Waddle Walker Wall
Ware Watson West Whitmire Williamson Wilson Wood

Those not voting were Representatives :

Alexander Beckham Berry Carr

Childs Clark, Betty Coleman Collins

Connell Daugherty Fraser Hamilton

3648
Harris, J. G. Harris, J. F. Hill, B. L. Howell Jessup Lane, W. J. Larsen, G. K. Leggett

JOURNAL OF THE HOUSE,

Matthews, C. McKinney Nix Patten, G. C. Peters Phillips, L. L. Ray Scott

Sizemore Toles Townsend Vaughn Wheeler White Williams Mr. Speaker

On the motion, the ayes were 8, nays 135.

The motion was lost.

An amendment, offered by Representative Egan of the 25th, was read and lost.

The following amendment was read:
Representative Bolster of the 30th moves to amend the Committee substitute to SB 141 as follows: Add (e) on page 7 after line 21:
The duly elected governing body of counties may by resolution set limits on the campaign expenditure of candidates for county elected offices and the duly elected governing body of a municipality may by resolution set limits on the campaign expenditure of candidates for city elected offices. These limits must be set at least one year in advance of any election. Candidates who do not hold a county or municipal elected office may expend an additional amount for the primary only equal to 25% of the amount set by the governing body.
On the adoption of the amendment, the ayes were 54, nays 58.
The amendment was lost.
The following amendment was read:
Representative Egan of the 25th moves to amend the Committee substitute to SB 141 as follows:
on line 5, page 6, strike "$400,000", insert "$300,000"; on line 7, page 6, strike "$200,000", insert "$150,000"; one line 9, page 6, strike "$175,000", insert "$125,000"; one line 11, page 6, strike "$ 75,000", insert "$ 50,000".

FRIDAY, MARCH 21, 1975

3649

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

Those voting in the affirmative were Representatives:

Adams, G. D. Bargeron Beck Beckham Bolster
Bray Burton Calhoun Carlisle Games Carrell Childers Clifton Crawford Culpepper Davis Dover Egan

Elliott Felton Ham Hawkins Holmes Howard Hudson Hutchinson Irvin, J. Irvin, R. Jordan Karrh Lane, Dick Lane, W. J. Larsen, W. W. Linder Logan Marcus

Matthews, D. R. Miles Nessmith Nix Petro Phillips, R. T. Russell, J. Russell, W. B. Sams Smith, V. B. Stone Taggart Thomason Tolbert Twiggs Waddle Walker Williamson

Those voting in the negative were Representatives:

Adams, John Adams, Marvin Alexander Bailey Battle Baugh Blackshear Bowman Brown Buck Carter Castleberry Chance Cole Coleman Cooper Cox Daugherty Dean Dixon Edwards, C. W.
Edwards, W.
Evans, W. D.
Poster, P. W.
Foster, R. L.
Gammage
Gignilliat

Glanton Glover Greer Hamilton Harden Hatcher Hays Hill, G. Horton Howell Irwin Jackson Johnson, R. Johnson, W. R. Jones Keyton Kilgore Knight Lambert Lee Leonard
Mann
Mostiler
Mullinax
Owens
Oxford

Parkman Parrish Patten, R. L. Phillips, W. R. Pinkston Ray Reaves Richardson Ross Rush Shanahan Sheats Smith, J. R. Smyre Snow Sweat Triplett Tucker Wall Ware Watson
West
White
Whitmire
Wilson
Wood

3650

JOURNAL OF THE HOUSE,

Those not voting were Representatives:

Banks Berry Burruss Carr Childs Clark, Betty Clark, L. Collins Colwell Connell Dent Evans, B. Eraser Harris, B. B. Harris, J. G. Harris, J. P.

Harrison

Hill, B. L.

Jessup

.

King

Kreeger

Larsen, G. K.

Leggett

Long

Lucas

Matthews, C.

McCollum

McDonald

McKinney

Milford

Noble

Parham

Patten, G. C. Peters Phillips, L. L. Rainey Randall Scott Sigman Sizemore Thompson Toles Townsend Vaughn Wheeler Williams Mr. Speaker

On the adoption of the amendment, the ayes were 54, nays 79.

The amendment was lost.

An amendment, offered by Representative Egan of the 25th, was read and lost.

The following amendment was read:
Representative Irvin of the 23rd moves to amend the Committee substitute to SB 141 as follows:
by deleting on page 4, line 22, the words "making a contribution in excess of $101.00" and inserting "contributing $101.00 or more in the aggregate."

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

Those voting iu the affirmative were Representatives:

Adams, G. D. Alexander Bargeron Beck Beckham Bolster Brown Burton Carlisle

Games Carrell Carter Childers Clark, L. Crawford Davis Dixon Egan

Elliott Felton Poster, P. W. Gammage Glanton Glover Ham Hawkins Howard

Hudson Hutchinson Irvin, R. Irwin Jones Karrh King Lane, Dick Lane, W. J. Larsen, W. W. Linder

FRIDAY, MARCH 21, 1975

3651

Logan Matthews, D. R. McDonald Milford Petro Phillips, R. T. Richardson Russell, J. Sams Sigman

Smith, J. R. Smith, V. B. Sweat Thomason Tolbert Twiggs Waddle Walker Williams Williamson

Those voting in the negative were Representatives:

Adams, John Adams, Marvin Bailey Battle Baugh Blackshear Bowman Buck Burruss Calhoun Castleberry Chance Childs Clifton Cole Golem an Cooper Cox Culpepper Dent Dover Edwards, C. W. Edwards, W. Evans, B. Evans, W. D. Foster, R. L.

Gignilliat
Harden Harris, B. B. Harrison Hatcher Hays Hill, G. Horton Irvin, J. Jackson Jessup Johnson, W. R. Keyton
Kilgore Knight Kreeger Lambert
Lee Leonard Mann Marcus Miles Mostiler Mullinax Nessmith

Noble Owens Oxford Parrish Patten, R. L. Phillips, W. R. Pinkston Reaves Ross Russell, W. B. Shanahan
Sheats Smyre Snow Taggart Thompson Triplett Tucker Wall Ware Watson West White Whitmire Wilson

Those not voting were Representatives:

Banks Berry Bray Carr Clark, Betty Collins Colwell Connell Daugherty Dean Fraser

Greer Hamilton Harris, J. G. Harris, J. F. Hill, B. L. Holmes Howell Johnson, R. Jordan Larsen, G. K.
Leggett

Long Lucas Matthews, C. McCollum McKinney
Nix Parham Parkman Patten, G. C. Peters Phillips, L. L.

3652
Rainey Randall Ray Rush Scott

JOURNAL OF THE HOUSE,

Sizemore Stone Toles Townsend

Vaughn Wheeler Wood Mr. Speaker

On the adoption of the amendment, the ayes were 58, nays 76.

The amendment was lost.

The following amendment was read and adopted:
Representative Irvin of the 23rd moves to amend the Committee substitute to SB 141 by inserting after the word, "thereof" on page 7, line 11, the word, "is".

On amendment, offered by Representative Irvin of the 23rd, was read and lost.

The following amendment was read and adopted:
Representative Irvin of the 23rd moves to amend the Committee substitute to SB 141 by striking on page 12, line 26, the words, "the fact" and inserting the words, "its conclusion".

An amendment, offered by Representative Irvin of the 23rd, was read and lost.

Representative Nessmith of the 82nd moved that SB 141 and all amendments thereto be placed on the table.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Alexander Beckham Brown Calhoun Carter Childs

Clifton Coleman Ham Jones Karrh Lane, Dick

Lane, W. J. Nessmith Noble Ross Sams Triplett

Those voting in the negative were Representatives:

Adams, G. D. Adams, Marvin Bailey

Banks Bargeron Battle

Beck Blackshear Bolster

Bowman Bray Burton Carlisle Carnes Carrell Castleberry Chance Childers Clark, Betty Clark, L. Cole Collins Cooper Cox Crawford Culpepper Daugherty Davis Dent Dixon Dover Edwards, C. W. Egan Elliott Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Gammage Gignilliat Glanton Glover Greer Hamilton Harden Harris, B. B. Harris, J. G. Harrison

FRIDAY, MARCH 21, 1975

3653

Hatcher Hawkins
Hays Hill, B. L. Hill, G. Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson
Jessup Johnson, R. Johnson, W. R. Jordan Kilgore King Knight Lambert Larsen, W. W. Lee Leonard Linder Logan Lucas Mann Marcus Matthews, D. R. McCollum McDonald Miles Milford Mostiler Mullinax Owens

Oxford Parkman Parrish Patten, R. L. Petro Phillips, R. T. Phillips, W. R. Pinkston Randall
Reaves Richardson Rush Russell, J. Russell, W. B. Shanahan Sheats Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Taggart Thomason Thompson Tolbert Tucker Twiggs Waddle Walker Wall Ware Watson West White Whitmire Williamson Wood

Those not voting were Representatives:

Adams, John Baugh Berry Buck Burruss Carr Colwell Connell Dean Edwards, W. Fraser Harris, J. F.

Keyton Kreeger Larsen, G. K. Leggett Long Matthews, C. McKinney Nix Par ham Patten, G. C. Peters Phillips, L. L.

Rainey Ray Scott Sigman Toles Town send Vaughn Wheeler Williams Wilson Mr. Speaker

3654

JOURNAL OF THE HOUSE,

On the motion, the ayes were 18, nays 127.

The motion was lost.

An amendment, offered by Representative Parham of the 109th, was read and ruled to be out of order by the Speaker.

The following amendment was read and adopted:
Representatives Larsen of the 119th and Walker of the 115th move to amend the Committee substitute to SB 141 by adding after Section 11 an additional Section 11 A to read as follows: "Section 11 A. Venue. Venue for prosecution of violations of this Act shall be in the county of the residence of the candidate at the time of the alleged violation."

The following amendment was read and adopted:
Representatives Walker of the 115th and Larsen of the 119th move to amend the Committee substitute to SB 141 by adding after line 15, page 5, a new Section 5 (c) as follows: "In the event any candidate covered by the provisions of this Act has no opposition (primary or general) and receives no contributions, regardless of amount, said candidate shall only be required to make the initial and final report as required under the provisions of this Act."

An amendment, offered by Representatives Twiggs and Colwell of the 4th and Tucker of the 73rd, was read and lost.

The following amendment was read:
Representative Carlisle of the 71st. moves to amend the Committee substitute to SB 141 by adding a paragraph between Section 4 and Section 5, said paragraph to be designated as Section 5, to read as follows:
"Section 5. Said Act is further amended by striking all language following the word 'committee' of paragraph (3) of Sec tion 5 and by inserting a period immediately following said word 'committee' and by striking from paragraph (4) of Section 5 the following:
'exceeding $101',
so that when so amended, paragraphs (3) and (4) of Section 5 shall read as follows:
'(3) All expenditures made by the candidate or the campaign committee.

FRIDAY, MARCH 2:1, 1975

3655

(4) The name and mailing address of every person to whom any expenditure is made and the amount thereof.' "

and by redesignating and renumbering subsequent Sections in said Senate Bill 141 accordingly.

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

Those voting in the affirmative were Representatives :

Adams, G. D. Adams, Marvin Alexander Bailey Bargeron Baugh Beck Beckham Bray Brown Buck Burton Calhoun Carlisle Carnes Carrell Carter Castleberry Chance Childers Clark, Betty Clark, L.
Clifton
Cole
Coleman
Cooper
Crawford
Culpepper
Daugherty
Davis
Dixon
Edwards, C. W.
Egan
Elliott
Foster, P. W.
Foster, R. L.
Gammage
Glanton
Greer

Ham Hamilton Harrison Hatcher Hawkins Hays Hill, G. Holmes Horton Howard Howell Hudson Hutchinson Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh
Keyton
Knight
Kreeger
Lambert
Lane, Dick
Lane, W. J.
Lee
Leonard
Linder
Logan
Lucas
Mann
Matthews, D. R.
McCollum
Miles
Milford
Mostiler

Mullinax Owens Oxford Parrish Patten, R. L. Peters Petro Phillips, R. T. Phillips, W. R. Rainey Randall Reaves Richardson Ross Rush Russell, J. Russell, W. B. Sams Shanahan Sheats Smith, J. R. Smith, V. B
Smyre
Snow
Stone
Taggart
Thomason
Tolbert
Triplett
Waddle
Walker
Ware
Watson
West
White
Whitmire
Wilson
Wood

3656

JOURNAL OF THE HOUSE,

Those voting in the negative were Representatives:

Adams, John Banks Bolster Bowman Colwell Cox Dover Edwards, W.

Evans, W. D. Pelton Harris, J. G. Irvin, J. Kilgore King Marcus

Noble Parkman Sweat Thompson Tucker Twiggs Wall

Those not voting were Representatives:

Battle Berry Blackshear Burruss Carr Childs Collins Connell Dean Dent Evans, B. Praser Gignilliat Glover

Harden Harris, B. B. Harris, J. F. Hill, B. L. Larsen, G. K. Larsen, W. W. Leggett Long Matthews, C. McDonald McKinney Nessmith Nix Parham

Patten, G. C. Phillips, L. L. Pinkston Ray Scott Sigman Sizemore Toles Townsend Vaughn Wheeler Williams Williamson Mr. Speaker

On the adoption of the amendment, the ayes were 116, nays 22.

The amendment was adopted.

The following amendments were read and adopted:
Representative Carlisle of the 71st moves to amend the Committee substitute to SB 141 by deleting on lines 23 and 24 of page 4 the words, "December 31st".
Representative Carlisle of the 71st moves to amend the Committee substitute to SB 141 by striking from line 28 on page 6 thereof the word, "elected", and inserting in lieu thereof the word, "statewide".

The following amendment was read:
Representative Petro of the 46th moves to amend the Committee substitute to SB 141 as follows:
By adding preceding the words "to create" on line 16 of page 1 the following:

FRIDAY, MARCH 21, 1975

3657

"to provide for limitations on the amounts corporations, labor unions, associations or committees may contribute to a candidate's political campaign;".

By adding immediately before the Section beginning on line 22 of page 7 a new Section to be appropriately numbered to read as follows:

"Said Act is further amended by adding following Section 8A a new Section to be designated Section 8C to read as follows:

'Section 8C. A person acting on behalf of a corporation, labor union, association or committee shall not make a contribution to a candidate's political campaign if such contribution would cause the total amount contributed to the candidate's campaign by such corporation, labor union, association or committee to exceed $300.00 for a candidate for election to the General Assembly or $10,000.00 for a candidate in a Statewide race. This Section shall not authorize a contribution to influence official action as prohibited by Code Section 22-5105, as now or hereafter amended. This Section shall not prohibit broadcast media from providing free time to candidates for State and local public elective office on an equal basis.' "

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

Those voting in the affirmative were Representatives:

Banks Bargeron
Beckham Burton Calhoun
Carnes Carter Clark, Betty Davis Dover
Egan

Felton Ham
Holmes Howard Hudson
Irvin, J. Lane, Dick Linder Miles Owens

Petro Phillips, R. T.
Sams Sheats Smith, V. B.
Stone Taggart Tolbert White Williamson

Those voting in the negative were Representatives:

Adams, G. D. Adams, John
Alexander Bailey
Battle Beck Bowman Bray Brown Buck Burruss

Carlisle Carrell
Castleberry Chance
Childers Childs Clark, L. Cole Coleman Colwell Cooper

Cox Crawford
Culpepper Daugherty
Dent Edwards, W. Evans, W. D. Foster, P. W. Foster, R. L. Gammage Gignilliat

3658
Glanton Glover Greer Harden Harris, B. B. Harris, J. G. Harrison Hatcher Hawkins Hays Hill, G. Horton Howell Irvin, J. Irwin Jackson Jessup Johnson, R.
Johnson, W. R.
Jones
Jordan
Karrh
Keyton
Kilgore
King

JOURNAL OF THE HOUSE,

Knight Lambert Larsen, W. W. Lee Leonard Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald Milford Mostiler Mullinax Noble Oxford
Parkman
Parrish
Patten, R. L.
Phillips, W. R.
Rainey
Randall
Reaves

Richardson Ross Rush Russell, J. Russell, W. B. Shanahan Sigman Sizemore Smith, J. R. Smyre Snow Sweat Thomason Thompson Triplett Tucker Waddle Walker
Wall
Ware
Watson
West
Whitmire
Wilson
Wood

Those not voting were Representatives :

Baugh Berry Blackshear Bolster Carr Clifton Collins Connell Dean Dixon Edwards, C. W. Elliott Evans, B.

Fraser Hamilton Harris, J. F. Hill, B. L. Hutchinson Lane, W. J. Larsen, G. K. Leggett Matthews, C. McKinney Nessmith Nix Parham

Patten, G. C. Peters Phillips, L. L. Pinkston Ray Scott Toles Townsend Twiggs Vaughn Wheeler Williams Mr. Speaker

On the adoption of the amendment, the ayes were 31, nays 109.

The amendment was lost.

An amendment, offered by Representative Petro of the 46th was read and lost.

FRIDAY, MARCH 21, 1975

3659

The following amendment was read:

Representative Petro of the 46th moves to amend the Committee substitute to SB 141 as follows:

By adding preceding the words "to create" on line 16 of page 1 the following:

"to prohibit contributions by certain corporations and business entities in excess of a certain amount;".

By adding immediately before the Section beginning on line 22 of page 7 a new Section to be appropriately numbered to read as follows:

"Said Act is further amended by adding following Section 8A a new Section to be designated Section 8D read as follows:

'Section 8D. A person acting on behalf of a corporation or other business entity regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign which would cause the total contributions made by such corporation or business entity to any one campaign to exceed
$1,000.00.' "

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

Those voting in the affirmative were Representatives:

Bargeron Baugh
Beckham Bolster Burton
Davis Dover Egan
Felton Ham
Hill, G. Holmes
Howard

Hudson Irvin, J.
Jones Karrh Kilgore
Lane, Dick Linder Marcus
Matthews, D. R. Noble
Owens Parham

Petro Phillips, R. T.
Sams Sheats Smith, V. B.
Stone Taggart Tolbert
Townsend Tucker
Twiggs Williamson

Those voting in the negative were Representatives:

Adams, G. D. Adams, John
Adams, Marvin Alexander Bailey Banks

Battle Beck
Bowman Bray Brown Buck

Calhoun Carlisle
Games Carrell Carter Castleberry

3660
Childers Childs Clark, L. Clifton Cole Coleman Colwell Cooper Cox Crawford Culpepper Daugherty Dent Dixon Edwards, C. W. Edwards, W. Evans, B. Evans, W. D. Foster, P. W. Foster, R. L. Gammage Gignilliat Glanton Glover Hamilton Harden Harris, B. B. Harrison Hatcher Hawkins

JOURNAL OF THE HOUSE,

Hays Hill, B. L. Horton Howell Hutchinson Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jordan King Knight Lambert Lee Leonard Logan Long Lucas Mann McCollum McDonald Miles Milford Mostiler Mullinax Oxford Parkman Parrish Patten, R. L.

Phillips, W. R. Pinkston Rainey Randall Reaves Richardson Ross Rush Russell, J. Russell, W. B. Shanahan Sigman
Sizemore Smith, J. R.
Smyre Snow
Sweat Thomason Thompson Triplett Waddle Walker Wall Ware Watson West White Whitmire Wilson Wood

Those not voting were Representatives:

Berry Blackshear Burruss Carr Chance Clark, Betty Collins Connell Dean Elliott Fraser Greer

Harris, J. G. Harris, J. F. Irvin, R. Keyton Kreeger Lane, W. J. Larsen, G. K. Larsen, W. W. Leggett Matthews, C. McKinney Nessmith

Nix Patten, G. C. Peters Phillips, L. L. Ray Scott Toles Vaughn Wheeler Williams Mr. Speaker

On the adoption of the amendment, the ayes were 37, nays 108. The amendment was lost.

An amendment, offered by Representative Petro of the 46th, was read and lost.

FRIDAY, MARCH 21, 1975

3661

The following amendment was read:

Representative Petro of the 46th moves to amend the Committee substitute to SB 141 as follows:

By adding following the semicolon after the words "additional definitions" on line 8 of page 1 the following:

"to require the recording and reporting of the occupations of persons making contributions and persons to whom expenditures are made;".

By adding following Section 4 ending on line 14 of page 4 two new Sections to be designated as Sections 5 and 6 to read as follows:

"Section 5. Said Act is further amended by striking Section 5(2) in its entirety and substituting in lieu thereof a new Section 5(2) to read as follows:

'(2) The name, mailing address and occupation of every person making any contributions and the amount of such contributions.'

Section 6. Said Act is further amended by striking Section 5(4) in its entirety and substituting in lieu thereof a new Section 5(4) to read as follows:

'(4) The name, mailing address and occupation of every person to whom any expenditure is made and the amount thereof.' "

By renumbering Sections 5, 6, 7, 8, 9, 10, 11 and 12 as Sections 7, 8, 9, 10, 11, 12, 13 and 14 respectively.

By striking on line 21 of page 4 the following: "and mailing address",

and substituting in lieu thereof the following: ", mailing address and occupation".

By striking on line 27 of page 4 the following: "and mailing address",

and substituting in lieu thereof the following:

", mailing address and occupation".

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

3662

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Representatives:

Bargeron Baugh Beckham Bolster Burton Calhoun Clifton Davis Egan Felton Glanton Hawkins Hill, G. Holmes

Horton Howard Jones Karrh Lane, Dick Lane, W. J. Larsen, W. W. Linder Matthews, D. R. McCollum Owens Parham Parkman

Petro Phillips, R. T. Sams Sheats Smith, V. B.
Stone Taggart Tolbert Twiggs Waddle Walker White Williamson

Those voting in the negative were Representatives :

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Battle Beck Bowman Brown Buck Carlisle Carnes Carrell
Carter
Castleberry
Chance Childers
Childs
Clark, L.
Cole
Colwell
Cooper
Cox Culpepper
Daugherty
Dixon
Dover
Edwards, C. W.
Edwards, W.
Evans, B. Evans, W. D. Foster, P. W.

Foster, R. L. Gammage Gignilliat Glover Ham Hamilton Harden Harris, B. B. Harrison Hatcher Hays Howell Hudson Hutchinson
Irvin, J.
Irwin
Jackson Jessup
Johnson, R.
Johnson, W. R.
Keyton
Kilgore
King
Knight
Lambert Lee
Leonard
Logan Long
Mann
McDonald
Milford

Mostiler Mullinax Oxford Parrish Patten, R. L. Phillips, W.. R. Pinkston Rainey Randall Reaves Richardson Ross Rush
Russell, J. Russell, W. B. Shanahan Sigman Smith, J. R.
Smyre
Snow Sweat Thomason
Thompson
Triplett
Tucker
Wall
Ware
West Whitmire
Wilson
Wood

FRIDAY, MARCH 21, 1975

3663

Those not voting were Representatives:

Banks Berry Blackshear Bray Burruss
Carr Clark, Betty Coleman Collins Connell Crawford Dean Dent Elliott Fraser

Greer Harris, J. G. Harris, J. F. Hill, B. L. Irvin, R.
Jordan Kreeger Larsen, G. K. Leggett Lucas Marcus Matthews, C. McKinney Miles Nessmith

Nix Noble Patten, G. C. Peters Phillips, R. L.
Ray Scott Sizemore Toles Townsend Vaughn Watson Wheeler Williams Mr. Speaker

On the adoption of the amendment, the ayes were 40, nays 95.

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 Representatives-:

Adams, G. D. Adams, John
Adams, Marvin Bailey Bargeron Battle Baugh Beck Blackshear Bolster Bowman Bray
Buck Burruss Burton
Carlisle Games Carrell

Castleberry Childers
Childs Clark, Betty Clark, L. Cole Colwell Cooper Cox Culpepper Daugherty Davis
Dent Dixon Dover
Edwards, C. W. Edwards, W. Elliott

Evans, B. Evans, W. D.
Felton Foster, P. W. Foster, R. L. Gammage Gignilliat Glanton Glover Greer Ham Hamilton
Harden Harris, B. B. Harris, J. G.
Harrison Hatcher Hawkins

3664
Hays Hill, B. L. Hill, G. Holmes Horton Howard Howell Hudson Irvin, J. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jordan Karrh Keyton Kilgore King Knight Kreeger Lane, Dick Larsen, W. W. Lee Leonard Logan Long

JOURNAL OF THE HOUSE,

Lucas Mann Marcus Matthews. D. R. McCollum McDonald Miles Milford Mostiler Mullinax Noble Owens Oxford Parham Parkman Parrish Patten, R. L. Petro Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall
Reaves Richardson Ross Rush

Russell, J. Russell, W. B. Shanahan
Sheats Sizemore Smith, J. R. Smith, V. B.
Smyre Snow
Stone Sweats Taggart Thomason Thompson Tolbert Tucker Twiggs Walker Wall Ware Watson West White Whitmire Williams Wilson Wood

Those voting in the negative were Representatives

Beckham Brown Calhoun Carter Chance Clifton Coleman

Crawford Egan Hutchinson Jones Lane, W. J. Linder

Sams Scott Sigman Triplett Waddle Williamson

Those not voting were Representatives :

Alexander Banks Berry Carr Collins Connell Dean Praser Harris, J. F.

Irvin, R. Larsen, G. K. Leggett Matthews, C. McKinney Nessmith Nix Patten, G. C.

Peters Phillips, L. L. Ray Toles Townsend Vaughn Wheeler Mr. Speaker

On thje passage of the Bill, by substitute, as amended, the ayes were 135, nays 19.

FRIDAY, MARCH 21, 1975

3665

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

Due to mechanical malfunction, the vote of Representative Lambert of the 112th was not recorded on the passage of SB 141, by substitute, as amended. He wished to vote "aye" thereon.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate insists on its amendment to the following Bill of the House, to-wit:

HB 858. By Representatives Tolbert and Davis of the 56th, Harden of the 154th and others:
A Bill to amend an Act known as the "Adequate Program for Educa tion in Georgia Act" so as to prohibit the employment of certain persons as teachers.

The Senate insists on Amendment #2 to the following Bill of the House, to-wit:

HB 859. By Representative Hatcher of the 131st: A Bill to amend Code Section 24A-1403, relating to the place of detention of children under the jurisdiction of juvenile courts in order to provide for the places of detention, so as to provide that juveniles shall not be detained in a jail pending a committal hearing or indictment unless detained in a room separate and removed from those for adults.
The Senate adheres to its substitute and has appointed a Conference Com mittee to the following Bill of the House, to-wit:
HB 580. By Representative Murphy of the 18th: A Bill to amend an Act known as the "Georgia Residential Finance Agency Act", so as to change the membership of the Authority; to provide for a minimum percentage of each bond issue to be placed in the capital reserve fund.
The President has appointed on the part of the Senate the following Senators:
Kennedy of the 4th, Kidd of the 25th, and McDuffie of the 19th:
The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the Senate, to-wit:

3666

JOURNAL OP THE HOUSE,

SR 196. By Senator Eldridge of the 7th: A Resolution relative to adjournment.

The following Resolution of the Senate was read:

SR 196. By Senator Eldridge of the 7th:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the General Assembly adjourn at 8:00 p.m. on March 21, 1975, and reconvene at 10:00 a.m. on March 24, 1975.

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

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Bargeron Battle Baugh Beck Blackshear Bolster Bowman Brown Buck Burruss Burton Calhoun Carlisle Carnes
Carrell Carter Castleberry Chance Childers Clark, L. Clifton Cole Coleman Colwell Cooper

Crawford Culpepper Daugherty Davis Dixon Dover Edwards, C. W. Edwards, W. Egan Elliott Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Gammage Gignilliat Greer Ham
Hamilton Harden Harris, B. B. Harris, J. G. Harrison Hatcher Hays Hill, B. L. Horton Howard Howell

Hudson Hutchinson Irvin, J. Irwin Jackson Johnson, R. Johnson, W. R. Jones Jordan Karrh Kilgore Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Leonard Linder Logan
Long Lucas Marcus Matthews, D. R. McCollum McDonald Milford Mostiler Mullinax Oxford Parham

FRIDAY, MARCH 21, 1975

3667

Parrish Patten, R. L. Phillips, R. T. Phillips, W. R. Pinkston
Rainey
Randall
Reaves
Ross
Russell, J. Scott
Shanahan

Sheats Smith, J. R. Smyre Snow Stone
Taggart Thomason
Thompson
Tolbert
Triplett
Tucker

Twiggs Waddle Walker Wall Ware
Watson West Whitmire
Williams
Wilson
Wood

Those voting in the negative were Representatives:

Banks Beckham Childs Clark, Betty Cox Glanton Hawkins Hill, G.

Holmes Knight Miles Noble Owens Parkman Petro Richardson

Rush Russell, W. B. Sams Sigman Smith, V. B. White Williamson

Those not voting were Representatives:

Berry Bray Carr Collins Connell Dean Dent Fraser Glover Harris, J. F. Irvin, R.

Jessup Keyton King Larsen, G. K. Lee Leggett Mann Matthews, C. McKinney Nessmith Nix

Patten, G. C. Peters Phillips, L. L. Ray Sizemore Sweat Toles Townsend Vaughn Wheeler Mr. Speaker

On the adoption of the Resolution, the ayes were 124, nays 23.

The Resolution was adopted. Representative Williams of the 54th stated that he had intended to vote "nay".

Representative Russell of the 53rd stated that he had intended to vote "aye".

3668

JOURNAL OF THE HOUSE,

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

Your Committee on Rules met and submits the following supplement to the calendar already adopted this March 21, 1975, by adding- the following:
HB 284. State Auditor, Salary & Expenses
HB 814. Board of Workmen's Compensation, Amend

Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, Lee of the 72nd, Chairman.

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 284. By Representatives Murphy of the 18th, Vaughn of the 57th, Buck of the 95th and others:
A Bill to amend Code Section 40-1802, relating to the salary, expenses, duty and bond of the State Auditor; and for other purposes.

The following floor substitute, offered by Representative Lee of the 72nd, was read and adopted:
A BILL
To be entitled an Act to amend Code Section 40-1802, relating to the salary, expenses, duties and bond of the State Auditor, as amended, so as to change certain provisions relating to the compensation and expenses of the State Auditor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Code Section 40-1802, relating to the salary, expenses, duties and bond of the State Auditor, as amended, is hereby amended by striking from said Section, the following:
"The State Auditor shall be paid a salary of $6,000 per annum, payable monthly, and shall also be paid his actual traveling ex penses while actually engaged in the performance of his official duties, to be proved by his sworn itemized statement and approved

FRIDAY, MARCH 21, 1975

3669

by the Governor: Provided that the salary of the State Auditor shall be increased by the amount of $1,000 for each five years of continuous service as an employee or official in the State Department of Audits up to and including 20 years.",

and inserting in lieu thereof the following:

"Any other provision of laws to the contrary notwithstanding, the State Auditor shall receive an annual salary of $35,000. Travel ing expenses of the State Auditor shall be paid as may otherwise be provided by law.",

so that when so amended Code Section 40-1802 shall read as follows:

"40-1802. Salary, expenses, duties, and bond of State Auditor. Any other provision of law to the contrary notwithstanding, the State Auditor shall receive an annual salary of $35,000. Traveling expenses of the State Auditor shall be paid as may otherwise be provided for by law. The State Auditor shall devote his entire time to the performance of the duties of his office, and shall give bond to be filed with and approved by the Comptroller General, in the sum of $10,000, payable to the Governor and his successors in office, con ditioned that he shall truly and faithfully perform the duties of his office and shall account for all public funds coming into his hands or under his control, the premium on which bond shall be paid by the State."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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

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

Those voting in the affirmative were Representatives:

Adams, John Alexander
Battle Baugh Beck
Blackshear Bray Brown Buck Burton Calhoun Games Carrell

Castleberry Chance
Childers Clark, Betty Clark, L.
Clifton Cole Coleman Colwell Cooper Cox Culpepper Daugherty

Edwards, C. W. Edwards, W.
Egan Elliott Evans, B.
Felton Foster, R. L. Gammage Gignilliat Glover Greer Hamilton Harden

3670
Hatcher Hays Hill, B. L. Hill, G. Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irwin Jackson Jessup Jones Jordan Karrh Keyton Kilgore Knight Kreeger Lambert

JOURNAL OF THE HOUSE,

Larsen, W. W. Lee Linder Logan Long Lucas Marcus McDonald Miles Milford Mostiler Mullinax Owens Oxford Parham Parrish Patten, R. L. Peters Petro Pinkston Rainey Reaves

Richardson Russell, J. Russell, W. B. Sams Shanahan Sheats Sizemore Smith, V. B. Smyre Snow Stone Taggart Triplett Waddle Walker Ware Watson Whitmire Williamson Wilson Wood

Those voting in the negative were Representatives

Banks Bowman Carlisle Carter Crawford
Dixon Dover Evans, W. D.

Foster, P. W. Glanton Ham Harris, B. B. Johnson, R. Johnson, W. R. Leonard McCollum

Parkman Phillips, R. T. Sigman Sweat Tucker Twiggs Wall West

Those not voting were Representatives:

Adams, G. D. Adams, Marvin Bailey Bargeron Beckham Berry Bolster Burruss Carr Childs Collins Connell
Da vis Dean Dent Fraser Harris, J. G. Harris, J. F.

Harrison Hawkins Irvin, R. King Lane, Dick Lane, W. J. Larsen, G. K. Leggett Mann Matthews, C. Matthews, D. R. McKinney Nessmith Nix
Noble Patten, G. C. Phillips, L. L.

Phillips, W. R. Randall
Ray Ross Rush Scott Smith, J. R. Thomason Thompson Tolbert Toles Townsend Vaughn Wheeler White Williams Mr. Speaker

FRIDAY, MARCH 21, 1975

3671

On the passage of the Bill, by substitute, the ayes were 104, nays 24.

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

HB 814. By Representatives Thompson of the 93rd, Larsen of the 119th, Howard of the 19th and others: A Bill to repeal various Code Sections, relating to the organization and operation of the State Board of Workmen's Compensation; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Title 114, relating to Work men's Compensation, as amended, so as to provide that for the purposes of Workmen's Compensation coverage only, employees of county and dis trict health agencies, which are established under Georgia Code Chapter 88-2 shall be deemed employees of the State of Georgia; 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 114, relating to Workmen's Compensation, as amended, is hereby amended by adding a new sentence at the end of Code Section 114-101, said sentence to read as follows:
"For the purposes of Workmen's Compensation coverage only, employees of county and district health agencies, established under the provisions of Georgia Code Chapter 88-2, are deemed and shall be considered employees of the State of Georgia."
Section 2. This Act shall become effective upon its approval by the Governor or upon its otherwise 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:

3672

JOURNAL OP THE HOUSE,

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Banks Battle Baugh Beck Bowman Bray Brown Buck Burruss Burton Calhoun Carlisle Carnes Carrell Carter Castleberry Chance Childers Clark, L. Clifton Cole Coleman Colwell Cooper Cox Crawford Culpepper Daugherty Davis Dixon Dover Edwards, C. W. Edwards, W. Elliott Evans, W. D. Felton

Foster, R. L. Gammage Gignilliat Glover Greer Ham Hamilton Harden Harris, B. B. Harris, J. G. Harrison Hatcher Hawkins Hays Hill, B. L. Holmes Howard Howell Hudson Hutchinson Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Kilgore Kreeger Lambert Lane, Dick Larsen, W. W. Lee Leonard Logan Long Lucas Marcus Matthews, D. R. McCollum

McDonald Miles Milford Mullinax Owens Oxford Parkman Parrish Patten, R. L. Phillips, L. L. Phillips, R. T. Pinkston Reaves Richardson Russell, J. Russell, W. B. Sams Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Thompson Tolbert Triplett Tucker Twiggs Walker Wall Ware Watson West White Whitmire Williamson Wilson Wood

Those not voting were Representatives :

Bargeron Beckham Berry Blackshear Bolster Carr Childs Clark, Betty Collins

Connell Dean Dent Egan Evans, B. Foster, P. W. Fraser Glanton Harris, J. F.

Hill, G. Horton Irvin, J. Irvin, R. Keyton King Knight Lane, W. J. Larsen, G. K.

Leggett Linder Mann Matthews, C. McKinney Mostiler Nessmith Nix Noble Parham

FRIDAY, MARCH 21, 1975

3673

Patten, G. C. Peters Petro Phillips, W. R. Rainey Randall Ray Ross Rush
Scott

Shanahan Taggart Thomason Toles Townsend Vaughn Waddle Wheeler Williams
Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 123, 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 128. By Representatives Snow of the 1st, Walker of the 115th, Karrh of the 106th, and others:
A Bill 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 $5,000.00 exclusive of interest and costs, and all misdemeanor cases in the superior courts, shall be tried by a jury of six jurors.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendment or substitutes thereto:
HR 306-1138. By Representatives Marcus of the 26th: A Resolution authorizing the conveyance of certain State-owned real property located in Fulton County, Georgia; and for other purposes.
The following Senate amendment was read: The Senate offers the following amendment: Amend HR 306-1138 by striking on Page 1, line 12, the word "shall"
and substituting in lieu thereof the word "small".
Representative Marcus of the 26th moved that the House agree to the Senate amendment to HR 306-1138.

3674

JOURNAL OF THE HOUSE,

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Battle Baugh Blackshear Bray Brown Buck Carlisle Games Carrell Carter Castleberry Chance Childers Clark, Betty Clark, L. Clifton Cole Coleman Colwell Cooper Cox Crawford Daugherty Davis Dean Dixon Dover Edwards, C. W. Elliott Evans, W. D. Felton Foster, P. W. Foster, R. L. Gammage Gignilliat Glanton Glover Greer

Ham Hamilton Harden Harris, J. G. Harrison Hawkins Hays Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore Kreeger Lambert Lane, Dick Larsen, W. W. Leonard Linder Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald Mostiler Mullinax Noble

Owens Oxford Parham Parkman Parrish Patten, R. L. Peters Petro Phillips, L. L. Phillips, W. R.
Rainey Reaves Richardson Russell, J. Russell, W. B.
Sams Scott Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Tolbert Triplett Tucker Twiggs Waddle Walker Wall Ware Watson West White Whitmire Williamson Wilson Wood

Those not voting were Representatives :

Bailey Banks Bargeron Beck Beckham

Berry Boster Bowman Burruss Burton

Calhoun
Carr Childs Collins Connell

Culpepper Dent Edwards, W. Egan Evans, B. Fraser Harris, B. B. Harris, J. F. Hatcher Hill, B. L. Hill, G. Irvin, R. King Knight

FRIDAY, MARCH 21, 1975

3675

Lane, W. J. Larsen, G. K. Lee Leggett Matthews, C. McKinney Miles Milford Nessmith Nix Patten, G. C. Phillips, R. T. Pinkston Randall

Ray Ross Rush Shanahan Taggart Thomason Thompson Toles Townsend Vaughn Wheeler Williams Mr. Speaker

On the motion, the ayes were 124, nays 0.

The motion prevailed and the Senate amendment to HR 306-1138 was agreed to.

HB 674. By Representatives Murphy of the 18th and Vaughn of the 57th:
A Bill to provide that certain public officers and officials holding state wide offices be bonded; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to provide that public officers and officials, holding statewide offices, who are required by law to be bonded, shall be indemnified for certain liabilities incurred in the performance of their duties; to prescribe conditions; 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 apply to all public officers and officials of this State, who hold statewide offices, and who are required by law to be bonded.
Section 2. In the event that a public officer or official has a money judgment returned against him in a suit or is otherwise subjected to monetary liability, by an aggrieved party, by his bond carrier, or both, as a result of an act of omission or commission of a subordinate em ployee of the public officer or official and in the event that said public officer or official shall, as a result of such action, be required to expend his personal monies, said officer or official shall be indemnified out of funds otherwise available to the public official's of officer's department

3676

JOURNAL OF THE HOUSE,

or office, provided, that authorization for such indemnification payment
by the department or office shall be contingent on issuance of an official opinion of the Attorney General, declaring that the judgment against or liability of the public officer or official was not due to an act of omission or commission of the public officer or official which constituted a breach of a duty of the officer or official imposed by law. In the event that the Attorney General is the public official seeking indemnification under the provisions herein, the Governor shall make the determination as to whether or not the liability of the Attorney General was due to an act of omission or commission of the Attorney General which constituted a breach of a duty imposed by law.

Section 3. Any benefit occasioned by a public officer or official by virtue of the provisions of this Act is hereby declared to be and is a portion of the compensation due the public officer or official for the services rendered to the State of Georgia.

Section 4. This Act shall apply only to alleged acts of omission or commission which occur prior to July 1, 1976.

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.

Representative Lee of the 72nd moved that the House agree to the Senate substitute to HB 674.

On the motion, the ayes were 101, nays 0.

The motion prevailed and the Senate substitute to HB 674 was agreed to.

HB 875. By Representative Culpepper of the 98th:
A Bill to amend an Act known as the "Development Authorities Law" so as to include in the definition of the word "project" the acquisition, construction, improvement or modification of any property real or per sonal, used as a peak shave facility; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act known as the "Development Authorities Law", approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended, so as to include in the definition of the word "project" the acquisition, construction, leasing, improvement or modification of any property, real or personal or both, used as a peak shave facility or useful

FRIDAY, MARCH 21, 1975

3677

or necessary in the transportation of persons or property by air; to provide a definition of peak shave facility; to provide the conditions upon which a peak shave facility may be authorized; to provide condi tions upon which projects involving the transportation of persons or property by air shall be authorized; to provide under certain conditions for contracts between authorities creating air transportation facilities and any county or municipality in the State; 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 "Development Authorities Law", approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended, is hereby amended by adding at the end of subsection (e) of Section 1 the following:

"The word 'project' shall also include the acquisition, construc tion, improvement or modification of any property, real or personal or both, used as a peak shave facility. 'Peak shave facility' shall have the meaning generally accepted and understood in the natural gas distribution industry as that term is generally understood to de scribe a storage facility for the purpose of avoiding undesirable consequences in the distribution system during peak periods of con sumption. Any project involving a 'peak shave facility' may be undertaken as otherwise provided in this Act except that no showing need be made that such a 'peak shave' facility will increase em ployment or will prevent a decrease in employment.

The word 'project' shall also mean and include the acquisition, construction, leasing, improvement or modification of any facilities and any property, real or personal or both, useful or necessary in the transportation of persons or property by air. Such projects shall not include the creation of airports or airport terminal facilities or improvements thereon except as incidentally related to the furnish ing of transportation of persons or property by air as herein pro vided. Otherwise such projects may include, but shall not be limited to, aircraft, aircraft maintenance and reconditioning equipment, aircraft communications equipment and faciilties for the mainte nance and repair of such equipment, ground support equipment and facilities used by aircraft, any necessary or useful real or personal property or rights to such property, all licenses, storage facilities including storage and distribution facilities for fuel, and including the acquisition, modernizing or expansion of existing facilities or systems for the transportation of persons or property by air all as determined by the Authority, which determination shall be final and not subject to review. Such projects for the transportation of persons or property by air are authorized to assist State and local governments to secure adequate systems of transportation of pas sengers for hire authorized by law and for the development of trade, commerce, industry and employment opportunities as provided in Paragraph V-A of Section III of Article VII of the Constitution of Georgia. Such projects for the transportation of persons or property by air may be undertaken to the same extent

3678

JOURNAL OF THE HOUSE,

and on the same conditions as otherwise provided in this Act for other facilities except, that such projects may be authorized only for air transportation systems which are not eligible to receive subsidies from the federal government at the time the project is undertaken and only where the corporate headquarters, the general maintenance, repair, support and communication facilities, the general reservations, scheduling and dispatch facilities, and the personal residence of the majority of the employees are all
located within the geographic jurisdiction of the Authority, and only if the aircraft are routinely dispatched from and returned to the geographic jurisdiction of the Authority; provided that the operation of flight equipment and incidental ground support facilities and equipment and the location of employees of such a project out side of the geographic jurisdiction of the Authority shall not be prohibited provided the conditions specified hereinabove are met."

Section 2. Said Act is further amended by adding a new sentence at the end of Section 4 to read as follows:

"Any authority authorizing an air transportation facility is empowerd to contract with any county or municipality in the State, and any county or municipality in the State is empowered to con tract with any such authority to furnish air transportation services where such service is not otherwise in existence."

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

The following House amendment, offered by Representatives Culpepper of the 98th, to the Senate substitute to HB 875 was read and adopted.
Representative Culpepper of the 98th moves to amend the Senate Committee Substitute to HB 875 as follows:
By striking lines 5 through 8 on page 2 in their entirety and in serting in lieu thereof the following:
"undertaken as otherwise provided in this Act."
And by striking the period and quotation mark at the end of line 24 on page 3 and adding at that point the following:
"provided that no city, county, political subdivision or any de velopment authority may ever operate any such facility and the same must be acquired and operated by a private company or individual who shall guarantee the repayment of any obligations assumed and who shall be fully responsible for all operating expenses and losses and who shall be taxable as any other private undertaking would be."

FRIDAY, MARCH 21, 1975

3.679

' Representative Culpepper of the 98th moved that the House agree to the Senate substitute to HB 875, as amended, by the House.

On the motion, the ayes were 90, nays 0.

The Chair voted "aye".

On the motion, the ayes were 91, nays 0.

The motion prevailed and the Senate substitute to HB 875 was agreed to, as amended by the House.

The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting or amending the same:

HB 17. By Representatives Ware of the 68th, Greer of the 43rd and Castleberry of the lllth:
A Bill to amend an Act known as the Georgia Motor Vehicle Accident Reparations Act; and for other purposes.

Representative Ware of the 68th moved that the House insist on its position in disagreeing to the Senate amendment to HB 17 and that a Committee of Confer ence 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:
Representatives Ware of the 68th, Greer of the 43rd and Wood of the 9th.
HB 858. By Representatives Tolbert and Davis of the 56th, Harden of the 154th and others: A Bill to amend the Adequate Program for Education in Georgia Act; and for other purposes.
Representative Tolbert of the 56th moved that the House insist on its position in disagreeing to the Senate amendment to HB 858 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

3680

JOURNAL OP THE HOUSE,

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

Representatives Tolbert of the 56th, Bargeron of the 83rd and Sigman of the 74th.

HB 859. By Representative Hatcher of the 131st:
A Bill to amend Code Section 24A-1403, relating to the place of detention of juveniles; and for other purposes.

Representative Hatcher of the 131st moved that the House insist on its position in disagreeing to the Senate amendment to HB 859 and that a Committee of Conference be appointed on the part of the House to confer with a like com mittee 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:

Representatives Marcus of the 26th, Parrish of the 97th and Hatcher of the 131st.

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

SB 395. By Senators Brown of the 47th and Holloway of the 12th:
A Bill to amend an Act creating the Municipal Electric Authority of Georgia, so as to provide that the Authority shall be an instrumentality of the State; to provide an effective date; and for other purposes.

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

On the passage of the Bill, the ayes were 103, nays 0.

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

SB 176. By Senator Doss of the 52nd:
A Bill to provide for the orderly and proper cancellation of deeds to secure debt; to provide for the method of cancellation; to provide for

FRIDAY, MARCH 21, 1975

3681

the cancellation by a transferee or assignee; to provide for the time when such cancellation must be completed; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide for definitions; to provide for the orderly and proper cancellation of instruments; to provide for the method of cancellation; to provide for the time when such cancellation must be completed; to provide for a penalty for failure to properly cancel same; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Definitions.
Grantor shall include heirs, devisees, executors, administrators, successors, transferees or assign.
Grantee shall include heirs, devisees, executors, administrators, successors, transferees or assigns, and any servicing agent or any per son or entity to who indebtedness is paid on behalf or by any grantor.
Instrument shall include deed to secure debt, security instrument, purchase money mortgage, financing statement, personalty mortgage, loan contract, or other instrument executed in connection with any loan.
Section 2. Whenever the indebtedness secured by any instrument is paid in full, the grantee of such instrument shall within not more than 45 days from the date of said full payment, cause to be furnished to grantor or to the Clerk of the Superior Court of the county or counties in which the instrument is recorded, a legally sufficient satisfaction or cancellation to authorize and direct the said clerk or clerks to cancel such instrument of record. Upon the failure of the grantee to properly transmit such legally sufficient satisfaction or cancellation as herein provided, the grantee shall be liable to the grantor for the sum of $200.00 as liquidated damages, and in addition thereto, for such addi tional sums for any loss caused to grantor plus reasonable attorney's fees. The grantee shall not be liable to grantor if he demonstrates reason able inability to comply with the provisions of this Act. Further, grantee shall not be liable to grantor unless and until written demand for said transmittal as provided herein is made.
In all cases, any servicing agent or any person or entity to whom the indebtedness is paid on behalf of any grantee, shall be responsible for notifying the holder thereof upon payment in full, and securing the satisfaction or cancellation as hereinabove provided, and upon failure to do so, the servicing agent or payee shall be subject to the same liability as hereinabove provided.

3682

JOURNAL OF THE HOUSE,

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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

On the passage of the Bill, by substitute, the ayes were 100, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 175. By Senator Overby of the 49th: A Bill to provide for a more efficient and economical handling of the affairs of the State Library, by amending an Act approved March 10, 1971, so as to exclude all State library personnel from coverage under the State Merit System; and for other purposes.

The following amendment was read and adopted:
The Committee on State of Republic moves to amend SB 175 as follows:
1. By striking on line 23, page 1, the word "legislation" and in serting in lieu thereof the word "legislative".
2. By striking on line 7, page 4, the word "amd" and inserting in lieu thereof the word "and".
3. By inserting on line 21, page 8, a comma (",") after the word created.
4. By inserting between lines 8 and 9 on page 9, the following language "Secretary of State eight sets".
The following amendment was read and adopted:
Representative Larsen of the 119th moves to amend SB 175 as follows:
(1). By adding after the word
"institutions",
online 11, page 3, the following:
"of the Executive Branch of Government,".

FRIDAY, MARCH 21, 1975

3683

(2). By striking on lines 23 and 24, page 3, the words

"compiled by the Secretary of State".

(3). By striking on lines 26 and 27, page 3, the words

"compiled by the Secretary of State".

(4). By striking on line 9, page 8, the following:

"Legislative Counsel",

and inserting in lieu thereof the following:

"Legislative Counsel (which number may be increased upon written order of the Legislative Counsel.)"

(5). By striking lines 32 through 45, page 8, except for the words "three sets" on line 32, and inserting in lieu thereof the following:

"Judge of the Probate Court (each county) The three sets shall be distributed by the Judge as follows: One set to be retained for his own use; one set to be issued to the county attorney; one set to be placed in the county law library, if any. If no library is main tained, to be retained in the Judge's office for use of the general public."
(6). By striking on line 12, page 10, the following:
"Legislative Counsel",
and inserting in lieu thereof the following:
"Legislative Counsel (which number may be increased upon written order of the Legislative Counsel.)"
(7). By striking on line 20, page 10, the following:
"Ordinary (each county)",
and inserting in lieu thereof the following:
"Judge of the Probate Court (each county)".
(8). By striking on line 34, page 13, the following:
"Legislative Counsel",
and inserting in lieu thereof the following:

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JOURNAL OF THE HOUSE,

"Legislative Counsel (which number may be increased upon written order of the Legislative Counsel.)"
(9). By striking on line 17, page 14, the following:
"Ordinary (each county)",
and inserting in lieu thereof the following:
"Judge of the Probate Court (each county)".
(10). By striking Section 7 in its entirety.
(11). By renumbering Sections 8 and 9 as Sections 7 and 8, re spectively.

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

On the passage of the Bill, as amended, the ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 32. By Senator Fincher of the 54th: A Bill to amend Code Chapter 79A-10, known as the "Georgia Drug and Cosmetic Act", so as to provide additional requirements for the labeling of certain drugs; and for other purposes.

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

On the passage of the Bill, the ayes were 94, nays 0.

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

SB 106. By Senator Howard of the 42nd:
A Bill to amend Code Chapter 88-17, relating to vital records, as amended, so as to provide certain criteria for pronouncing a person dead; and for other purposes.

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

On the passage of the Bill, the ayes were 92, nays 1.

FRIDAY, MARCH 2:1, 1975

3685

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

SB 101. By Senator Dean of the 31st:
A Bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to provide for an additional post-retirement benefit adjustment; to provide for other matters relative thereto; and for other purposes.

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

On the passage of the Bill, the ayes were 90, nays 7.

The Chair voted "aye".

On the passage of the Bill, the ayes were 91, nays 7.

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

SB 292. By Senators Broun of the 46th and Starr of the 44th:
A Bill to amend an Act entitled the "Motor Vehicle Certificate of Title Act", as amended, relative to the issuance of certificates of title for motor vehicles; and for other purposes.

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

On the passage of the Bill, the ayes were 93, nays 3.

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

SR 109. By Senator Turner of the 8th:
A Resolution authorizing the conveyance of certain real property located in Berrien County, Georgia; and for other purposes.

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

On the adoption of the Resolution, the ayes were 95, nays 2.

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JOURNAL OF THE HOUSE,

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

SB 161. By Senators Fincher of the 54th and Garrard of the 37th:
A Bill to amend an Act providing for the control and operation of Clinical Laboratories, as amended, so as to delete therefrom that portion which exempts clinical laboratories operated for performance of pre marital serologic tests for syphilis, to increase from two to three the number of laboratories which one licensed director can direct at any given time; and for other purposes.

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

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

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Bailey Banks Bargeron
Battle Baugh Beck Beckham Bowman Bray Buck Burton Calhoun Carlisle Carnes Carrell Carter Chance Childers Clark, Betty Clark, L. Cole Coleman Collins Colwell Cooper Cox Crawford Culpepper Daugherty

Davis Dixon Dover Edwards, C. W. Egan Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Gammage Gignilliat Glanton Glover Ham Hamilton Harden Harris, B. B. Harris, J. G. Harrison Hatcher Hawkins Hays Holmes Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson Jessup

Johnson, W. R. Jones Karrh Keyton Kilgore Lane, Dick Larsen, W. W. Lee Leonard Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald McKinney Miles Milford Mostiler Mullinax Nessmith Noble Owens Parham Parkman Patten, R. L. Phillips, W. R. Pinkston Ray Reaves

Richardson Ross Russell, J. Sams Shanahan Sheats Sigman Sizemore Smith, J. R. Smith, V. B.

FRIDAY, MARCH 21, 1975

3687

Snow Stone Sweat Thomason Thompson Tolbert Triplett Tucker Twiggs Waddle

Walker Wall Ware Watson West Whitmire Williamson Wilson Wood

Those not voting were Representatives:

Alexander Berry Blackshear Bolster Brown Burruss Carr Castleberry Childs Clifton Connell Dean Dent Edwards, W. Elliott Eraser Greer Harris, J. F. Hill, B. L.

Hill, G.
Horton Howell Johnson, R. Jordan King Knight Kreeger Lambert Lane, W. J. Larsen, G. K. Leggett
Linder Matthews, C. Nix Oxford Parrish Patten, G. C.

Peters Petro Phillips, L. L. Phillips, R. T. Rainey Randall Rush Russell, W. B. Scott Smyre Taggart Toles Townsend Vaughn Wheeler White Williams Mr. Speaker

On the passage of the Bill, the ayes were 125, nays 0.

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

SR 110. By Senator Turner of the 8th:
A Resolution to amend a Resolution authorizing the conveyance of cer tain real property located in Berrisn County, so as to change the land description of such property; 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 96, nays 0.

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

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SB 133. By Senator Howard of the 42nd:
A Bill to amend Code Chapter 4-2, relating to relations between principal and agent, as amended, so as to provide that the power of attorney is not revoked by death of the principal until the agent has actual knowl edge of his principal's death; and for other purposes.

Representative Sams of the 90th moved that SB 133 be recommitted to the Committee on Judiciary for further study.

The motion prevailed and SB 133 was recommitted.

SB 377. By Senator Doss of the 52nd:
A Bill to amend Code Chapter 56-5, relating to the rates for casualty, surety, vehicle, property and marine and transportation insurance, as amended, so as to provide for mandatory agreements for apportionment of certain casualty insurance; to provide for a determination of necessity by 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 98, nays 5.

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

SB 148. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and others:
A Bill to amend Code Section 13-203, relating to branch banks, as amended, so as to provide that any parent bank located in certain counties of this State may establish a branch bank within certain adjacent counties; to provide an effective date; and for other purposes.

The following amendment was read and adopted:
The Banks and Banking Committee moves to amend SB 148 as follows:
By striking from quoted subparagraph (2) of Section 1 (page 1, line 15), the words "a branch bank" and inserting in lieu thereof the following words:
"branch banks as provided by law".

An amendment, offered by Representative Ham of the 80th, was read and withdrawn by unanimous consent.

FRIDAY, MARCH 21, 1975

3689

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

On the passage of the Bill, as amended, the ayes were 78, nays 32.

The Bill, as amended, having failed to receive the requisite constitutional ma jority, was lost.
Representative Russell of the 53rd served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite con stitutional majority to SB 148, as amended.

SB 188. By Senator Hamilton of the 26th:
A Bill to provide for the confidentiality of certain records concerning reports of child abuse and neglect; to provide that it shall be unlawful to permit unauthorized persons to examine or inspect such confidential records; and for other purposes.

The following amendments were read and adopted:
Representative Howard of the 19th moves to amend SB 188 by add ing on line 7, page 2, after the word "and" the following:
"the record is otherwise admissible under the rules of evidence, or".
Representative Larsen of the 119th moves to amend SB 188 by add ing after line 10, page 2, the following:
"(4) A district attorney of any judicial circuit in this State, or any assistant district attorney, who may seek such access in connec tion with official duty.".
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 100, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.
The Speaker and Speaker Pro Tern served alternately during the day's pro ceedings, thus explaining the absence of the Speaker Pro Tern, Representative Burruss of the 21st, from voting on some considerations during this day.

Pursuant to the provisions of SR 196, adopted by the House and Senate, the Speaker Pro Tern announced the House adjourned until 10:00 o'clock, Monday, March 24, 1975.

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Representative Hall, Atlanta, Georgia Monday, March 24, 1975

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

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

Adams, G. D. Adams, John Adams, Marvin
Alexander Bailey Banks Bargeron
Battle Baugh Beck Beckham Berry Bolster Bowman Bray Brown Buck Burruss Burton Calhoun Carnes
Carr Carrell Carter Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman Collins Colwell Connell Cooper Cox Crawford Culpepper Davis Dean Dent Dixon

Dover Edwards, W. Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glanton Glover Greer Ham Hamilton Harden Harris, B. B. Harris, J. F. Harrison Hatcher Hawkins Hays Hill, B. L. Hill, G. Holmes Howard Howell Hudson Hutchinson Irvin, J. Irwin Jackson Jessup Johnson, R. Johnson, W. R.
Jones Jordan Karrh Keyton Kilgore King Knight Kreeger Lane, Dick

Lane, W. J.
Lee Leggett Leonard Linder Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald Miles Milford Mostiler Mullinax Nessmith Nix Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L.
Peters Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Ray Reaves Richardson Ross Rush Russell, J. Russell, W. B. Sams Shanahan Sheats Sigman

Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Taggart Thompson

MONDAY, MARCH 24, 1975

3:691

Tolbert Townsend Triplett Tucker Twiggs Vaughn Waddle Walker

Wall Ware Watson West Whitmire Williamson Wood Mr. Speaker

Those not answering were Representatives:

Blackshear Carlisle Daugherty Edwards, C. W. Egan Elliott Harris, J. G. Horton

Irvin, R. Lambert Larsen, G. K. Larsen, W. W. Matthews, C. McKinney Petro Randall

Scott Thomason Toles Wheeler White Williams Wilson

The following prayer was offered by Dr. G. Curtis Jones, Pastor, Woodland Christian Church, Macon, Georgia:
Eternal God, Greater and Sustainer of the universe, Maker and Judge of all souls, we pause amid the pressures and responsibilities of schedule to acknowledge Your presence and power.
We thank you, Father, for our political heritage and religious orien tation. Amid the euphoria of cynicism and fear, save us from anxiety.
We who enjoy the cake of affluence, save us from withholding the bread of justice from the needy.
When it would seem that it is too late for law and too soon for love, teach us the lessons of contagious integrity and faith.
Being showered with rhetoric and inundated by corruption, shocked by one crisis after another, imbue leaders of our nation and state with expanding horizons and deepening loyalties to you and to your children.
We pray for the President of the United States, the Congress, the Governors of our land, and all who labor for justice, goodwill and peace.
Bless this body of lawmakers, Father. Grant them victory over prejudice and parochialism. Fill them with wisdom and courage. Save them from weak resignation and painless decisions. Effectively lead them through this day and this session of the Georgia Legislature.
We pray in the name of the One who by his great spirit and love turned horrible hours into a Holy Week, Christ our Lord. Amen.

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Representative Nessmith of the 82nd, 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:

HOUSE RULES CALENDAR
Monday, March 24,1975
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Monday, March 24, 1975, and submits the following:
SB 9. Retirement Pension Bills; Attach Fiscal Notes SB 59. Probate Court Retirement Secretary Treasurer Board of Com. SB 66. Agrirama Dev. Authority; Eminent Domain SB 102. Teachers Retirement System; Eligibility-Service SB 110. Death Testator, Devise of Realty SB 125. Legal Rate of Interest; Lender Charge; Service Charge SB 126. Interest on Loans; Lender Charge Service Fees SB 156. Health Insurance Plan; State Personnel Board SB 163. Mentally Retarded Offenders; Education, Etc. SB 166. Rules of the Road; Right Turn on Red SB 246. Real Estate Brokers; Solicitation-Unlawful

MONDAY, MARCH 24, 1975

3693

SB 247. Secondary Security Deeds; Change Int. on Principal Amount SB 251. Public Transportation Code; Contracts SB 282. College of Veterinary Medicine, Advisory Board SB 285. Consumer Advisory Board, Create SB 306. Depts. Agencies Etc; Atty. Gen. Employ Private Counsel SB 308. Certified Water and Wastewater, State Board of Examiners SB 311. Commercial Fishing Licenses; relative to SB 353. Off-Road Vehicles, Regulations SB 368. Deceased Employees' Survivors, Wages Increased SR 99. Honeybee, Official State Insect

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Lee of 72nd, Chairman.

By unanimous consent, the rules were suspended to permit the following Bills of the House to be introduced, read the first time and referred to the committees:

HB 1216. By Representatives Nix, Harrison and Edwards of the 20th, Cooper and Howard of the 19th, and Kreeger and Burruss of the 21st:
A Bill to amend Code Section 68A-706, relative to overtaking and pass ing a school bus, so as to provide that after stopping to allow children to disembark from the bus, it shall be unlawful for the driver of the school bus to proceed until all children who need to cross the roadway have done so safely; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1217. By Representatives Lambert of the 112th, Bray of the 70th, Beckham of the 89th, Foster of the 152nd, and Carlisle of the 71st:
A Bill to comprehensively and exhaustively revise, supersede and con solidate the laws relating to the collection and administration of gasoline, special fuel and compressed petroleum gas taxes; to provide a short title "Motor Fuel Tax Law"; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1218. By Representatives Smith of the 42nd, and Williamson of the 45th:
A Bill to provide for an additional term of imprisonment for persons convicted of certain crimes when, at the time of the commission of the

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JOURNAL OF THE HOUSE,

crime, such person had in his possession a firearm; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1219. By Representatives Smith of the 42nd, Williamson of the 45th, and Sams of the 90th:
A Bill to provide that it shall be unlawful for certain persons who have been convicted of a felony to possess a firearm; and for other purposes. Referred to the Committee on Special Judiciary.

HB 1220. By Representatives Smith of the 42nd, Lane of the 40th, Adams of the 36th, Hudson of the 137th, Williamson of the 45th, Hill of the 41st, Burton of the 47th, and Patten of the 146th:
A Bill to assure academic freedom by requiring the teaching and presentation of special creation in public schools if the theory of evolu tion is taught; and for other purposes. Referred to the Committee on Education.

HB 1221. By Representatives Smith of the 42nd, Williamson of the 45th, and Hill of the 41st:
A Bill to amend Code Title 26, the Criminal Code of Georgia, so as to define the word "weapon"; to provide for a certain additional penalty for use of a weapon during the commission of a crime; and for other purposes. Referred to the Committee on Special Judiciary.

HB 1222. By Representative Larsen of the 119th:
A Bill to amend an Act classifying property for taxation, approved Dec. 27, 1937, so as 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.

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

HB 1213. By Representatives Smith of the 78th and Adams of the 79th:
A Bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to remove the exemptions from the taxes imposed by said Act; to provide that the rate of taxation imposed by said Act shall not be increased until all exemptions have been re moved and repealed; and for other purposes.
HB 1214. By Representatives Hutchinson of the 133rd and Irwin of the 130th:
A Bill to amend Code Chapter 67-99, relating to the wrongful sale or

MONDAY, MARCH 24, 1975

3695

removal of mortgaged property, so as to increase the punishment for the wrongful sale or removal of motor vehicles; and for other purposes.

HB 1215. By Representatives Snow of the 1st, Walker of the 115th, Sams of the 90th, Carter of the 146th, Coleman of the 118th, Larsen of the 119th, Evans of the 99th, Culpepper of the 98th, Childs of the 51st, King of the 96th, Hatcher of the 131st, Russell of the 53rd, Karrh of the 106th and Irvin of the 23rd:
A Bill to amend the "Georgia Criminal Justice Act", so as to provide for the appropriation and distribution of State funds; to provide for appointment of local public defender attorneys; to provide for the election by local counties or circuits of a method of providing repre sentation for indigents in State and Superior Courts; and for other purposes.
HR 396-1215. By Representative Stone of the 138th:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Judge of the Superior Court of the Brunswick Judicial Circuit; and for other purposes.

HR 397-1215. By Representative Dixon of the 151st:
A Resolution conveying certain real property to the City of Waycross; and for other purposes.

HR 398-1215. By Representatives Collins of the 144th, Mullinax of the 69th, Murphy of the 18th, Lambert of the 112th, Castleberry of the lllth, Cole of the 6th and Miles of the 86th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of each county and municipality subject to the approval of the electors of such political subdivisions, to exempt tangible personal property which is in transit from ad valorem taxation; and for other purposes.

SR 169. By Senators Button of the 9th, Holloway of the 12th, Riley of the 1st and others:
A Resolution proposing an amendment to the Constitution so as to re quire the legislative process of the General Assembly to be open and ac cessible to the public; to provide that any action in contravention of this provision is void; and for other purposes.

Representative Harris of the 8th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following

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JOURNAL OF THE HOUSE,

Bill of the Senate and has instructed me to report same back to the House with the following recommendation:
SB 16. Do Pass, as Amended.

Respectfully submitted, Harris of 8th, Chairman.

Representative Horton of the 43rd District, Chairman of the Committee on Industries, submitted the following report:
Mr. Speaker:
Your Committee on Industries has had under consideration the following Bill of the Senate and has instructed me to report same back to the House with the following recommendation:
SB 248. Do Pass.
Respectfully submitted, Horton of 43rd, Chairman.

Representative Thompson of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the follow ing Bill of the Senate and has instructed me to report same back to the House with the following recommendation:
SB 143. Do Pass, by Substitute.
Respectfully submitted, Thompson of 93rd, Chairman.

Representative Adams of the 36th 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 Legisla tion), has had under consideration the following Bills of the Senate and has instructed me to report same back to the House with the following recommenda tions :
SB 357. Do Pass.

MONDAY, MARCH 24, 1975

3697

SB 363. Do Pass, by Substitute. SB 387. Do Pass, as Amended. SB 398. Do Pass. SB 381. Do Pass. SB 393. Do Pass. SB 406. Do Pass.

Respectfully submitted, Adams of 36th, Chairman.

Representative Dixon of the 151st District, Chairman of the Committee on Temperance, submitted the following report:
Mr. Speaker:
Your Committee on Temperance has had under consideration the following Bill of the House and has instructed me to report same back to the House with the following recommendation:
HB 406. Do Pass by Substitute.
Respectfully submitted, Dixon of 151st, Chairman.

The following communications were received and read:
HOUSE OF REPRESENTATIVES ATLANTA, GEORGIA
March 20, 1975
Honorable Gary Bond General Assembly Fiscal Officer 434 State Capitol
Dear Gary:
Pursuant to the provisions of House Resolution 3, I am today ap pointing a TOURISM STUDY COMMITTEE. This committee will be composed of the following members of the House:
Representative John Adams, District 14 Representative Bryant Culpepper, District 98 Representative Nathan Knight, District 67

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JOURNAL OF THE HOUSE,

Representative Bernard Miles, District 86 Representative Bubba McDonald, District 12 Representative Ralph Parkman, District 66 Representative John Russell, District 64.

Representative McDonald will serve as Chairman and will approve all expense rosters. The committee will be limited to ten (10) days unless authorized additional time by me.

Sincerely,

TBM: Ij

Thomas B. Murphy Speaker

cc: Honorable Glenn W. Ellard, Clerk of the House Honorable Frank Edwards, Legislative Counsel Each of the above members

HOUSE OF REPRESENTATIVES ATLANTA, GEORGIA
March 21, 1975
Honorable Gary Bond General Assembly Fiscal Officer 434 State Capitol Atlanta, Georgia 30334
Dear Gary:
Effective today, I am placing Honorable John White of District 132 on the subcommittee of Vocational Education under the standing com mittee of Education.
Please adjust your records accordingly.
Your very truly,
Thomas B. Murphy Speaker
TBM:lj cc: Honorable John White, District 132
Honorable Ben Ross, Chairman, Education Committee Honorable Pete Phillips, Chairman, Vocational Education
Subcommittee Honorable Glenn Ellard Honorable Frank Edwards

MONDAY, MARCH 24, 1975

3699

Pursuant to House Rule 116, all Bills and Resolutions which required action by the Senate, were ordered immediately transmitted to the Senate.

The following communication was received and read:
HOUSE OF REPRESENTATIVES ATLANTA
March 24, 1975
The Honorable Thomas B. Murphy Speaker of The House Georgia House of Representatives State Capitol Atlanta, Georgia 30334
My Dear Mr. Speaker:
Within the next few days, the 1975 Session of the Georgia House of Representatives will fade away into Georgia history, and will long be remembered as one of the best Sessions in the history of our great State.
We, the doorkeepers of the House of Representatives, would like to take this opportunity to express our sincere gratitude and appreciation to you for the kindness you have shown to all of us, and most of all for the honor and privilege you have awarded us by letting us serve you as employees in the House under your leadership.
Georgia is very fortunate to have such honorable men like Thomas B. Murphy and Al Burruss presiding over the great Chambers of the Georgia House, and we are confident that this great State of ours will make great progress, and will move forward under your leadership.
Once again, may we say thanks to you, to Mr. Al Burruss, Mr. John Poster and Mrs. Shirley Spence--you are the greatest.
Warm personal regards,
DOORKEEPERS OP THE HOUSE
G. W. Smith Robert Jennings Paul E. Bailey Lee Bond Richard McKay Eugene Phillips Jack Collins Steve Colwell Ricky Barber Ricky Davenport George Ort III Jake Cook

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JOURNAL OF THE HOUSE,

The following communication was received and read:

HOUSE OF REPRESENTATIVES ATLANTA

March 7, 1975

The Honorable Thomas B. Murphy Speaker of The House Georgia House of Representatives State Capitol Atlanta, Georgia 30334

My Dear Mr. Speaker:

Within the next few days, the 1975 Session of the Georgia House of Representatives will fade away into Georgia history, and will long be remembered as one of the best Sessions in the history of our great State.

We, the employees of the Gallery, would like to take this opportunity to express our sincere gratitude and appreciation to you for the kindness you have shown to all of us, and most of all for the honor and privilege you have awarded us by letting us serve you as employees in the House under your leadership.

Georgia is very fortunate to have such honorable men like Thomas B. Murphy and Al Burruss presiding over the great Chambers of the Georgia House, and we are confident that this great State of ours will make great progress, and will move forward under your leadership.

Once again, may we say thanks to you, to Mr. Al Burruss, Mr. John Foster and Mrs. Shirley Spence--you are the greatest.

WN/vb

Warm personal regards,
Employees of the Gallery Mrs. Hilda Speaks Mrs. Marguerite Swanson Mrs. Betty Faass Ricky Barber W. T. Nixon Theo B. Crowe W. Lamar Robinson George Franklin Matthews

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

SB 38. By Senator Overby of the 49th:
A Bill to amend Code Section 92-6202.1, relating to the automatic return of property for taxation and claiming certain exemptions, as amended,

MONDAY, MARCH 24, 1975

3701

so as to provide for the automatic taxation and the claiming of certain exemptions; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

SB 393. By Senator Kennedy of the 4th:
A Bill to create the Multi-City Water and Sewerage Authority to func tion in Evans County, Georgia; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

SB 406. By Senator Tysinger of the 41st:
A Bill to amend an Act known as the DeKalb County Oglethorpe Housing Foundation Act, so as to change the short title of said Act; to change the name of the public body corporate and politic created by said Act; to expend the legislative findings and declaration of public necessity pertaining to said Act; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 150, nays 0.

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

SB 381. By Senators Barnes of the 33rd and Thompson of the 32nd:
A Bill to amend an Act providing for a new charter for the City of Marietta, Georgia, as amended, so as to extend the corporate limits of said City; and for other purposes.

The following amendment was read and adopted:

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JOURNAL OF THE HOUSE,

Representatives Burruss and Kreeger of the 21st, Wilson and Howard of the 19th and others move to amend SB 381 as follows:

By adding in the title, immediately preceding the word "particular ly" on line 3 of page 1, the following:

"particularly by an Act approved February 7, 1952 (Ga. Laws 1952, p. 2246), and".

By adding in the title on line 6 of page 1, immediately preceding the word "to", the following:

"to change the provisions relating to membership on the Civil Service Board;".

By renumbering Section 2 on page 3 as Section 4 and adding two
new Sections, to be designated Section 2 and Section 3, to read as follows:

"Section 2. Said Act is further amended by adding after Sec tion 2-0 a new Section, to be known as Section 2-P, to read as follows:

'Section 2-P. In addition to that territory presently embraced within the corporate limits of the City of Marietta, Georgia, the following parcels of land shall be included within the corporate limits of said city:

Tract No. 1
All that tract or parcel of land lying and being in Land Lot 1211, 16th District, 2nd Section, Cobb County, Georgia, and being part of Lot 68 and all of Lot 67 of the H. C. Lassiter Subdivision as shown by plat thereof by J. P. Phillips, C. E., dated October 3, 1945, and recorded in Plat Book 6, Page 99, Cobb County Records, and being more particularly described as follows:

Beginning at the southeast corner of Lot 67 of said subdivision; thence northwest along the northeast side of Halsey Drive, 65 feet to the southwest corner of said Lot 67; thence continuing northwest along the northeast side of Halsey Drive, 5 feet to a point on the existing Marietta City limit line; thence northwest along the existing city limit line, 120 feet to a point on the south
east side of Gresham Avenue; thence northeast along the southwest
side of Gresham Avenue, 40 feet to the northwest corner of Lot 69
of said subdivision; thence southeast along the southwest side of
Lot 69, 60 feet to the southwest corner of Lot 69; thence east along
the north side of Lot 67, 73 feet to the northeast corner of Lot 67; thence southwest along the southeast side of Lot 67, 103.5 feet to a
point on the northeast side of Halsey Drive and the point of begin
ning.

MONDAY, MARCH 24, 1975

3703

Tract No. 2
All that tract or parcel of land lying and being in Land Lots 76 and 141, 17th District, 2nd Section, Cobb County, Georgia, as per plat of survey made by Robert T. Weaver, dated April 6, 1971, and being more particularly described as follows:

Beginning at an iron pin on the south side of Chestnut Hill Road's 50 foot right of way, which is 150 feet from the intersection of the south side of Chestnut Hill Road's right of way with the east side of Hickory Drive's right of way and which is the northeast corner of Lot 41 of Kings Mountain South Subdivision, and running thence easterly and northeasterly along the southerly and southeast erly side of Chestnut Hill Road's right of way, 120 feet to an iron pin; running thence southeasterly, 408.8 feet to an iron pin; running thence westerly 164.8 feet to an iron pin on the east side of Lot 40 of said subdivision; running thence northerly along the easterly side of said Lot 40, 119 feet to an iron pin at the northeast corner of said Lot 40; running thence westerly along the north line of said Lot 40, 50 feet to an iron pin at the southeast corner of Lot 41 of said subdivision; running thence northwesterly along the north easterly side of said Lot 41, 228.3 feet to the iron pin at the point of beginning.

Tract No. 3
All that tract or parcel of land lying and being in Land Lot 997, 16th District, 2nd Section, Cobb County, Georgia, and being property shown on plat of survey prepared for John E. Livaditis by R. Dan Lord, Surveyor, dated June 28, 1963, which is more particularly described as follows:

Beginning at an iron pin at the northwest corner of said Land Lot and running thence south along the west original line of said Land Lot, 1576.8 feet to an iron pin on the northerly side of Allgood
Road; thence easterly along the northerly side of said Allgood Road and following the curvature thereof 669.4 feet to an iron pin; thence north forming an interior angle of 112 degrees 20 minutes with the preceding course 300 feet to an iron pin; thence easterly forming an exterior angle of 102 degrees 57 minutes with the preceding course 100 feet to an iron pin; thence north forming an interior
angle of 102 degrees 57 minutes with the preceding course 1011.4 feet to an iron pin on the north original line of said Land Lot;
thence west forming an interior angle of 89 degrees 11 minutes 30 seconds with the preceding course 728.5 feet to the northwest corner of said Land Lot and the point of beginning; but there is excepted from the foregoing all the property heretofore conveyed by right of way deed from John E. Livaditis to the State Highway Depart ment of Georgia, dated April 30, 1965, and recorded in deed book 843, page 299, Cobb County Records, which property is described
as follows:

Beginning at the intersection of the property line between the lands of the grantor and the lands now or formerly owned by R. E. McCleskey with the existing northwest right of way line of Allgood

3704

JOURNAL OF THE HOUSE,

Road; running thence northerly along said property line to the intersection of a line which is 65 feet northwesterly of and parallel
to the survey contour line of Allgood Road of Georgia Highway Project 1-75-3(14); thence northeasterly along said parallel line to
the west property line of the lands now or formerly owned by Trust Investment and Development Company, Inc.; thence southerly along said west property line to said existing right of way line; thence southwesterly along said existing right of way line back to the pohit of beginning, together with the right to relocate a certain driveway.

Tract No. 4
All that tract or parcel of land lying and being in Land Lot 1134, 16th District, 2nd Section, Cobb County, Georgia, and more particularly described as follows:

Beginning at a point on the southeast side of Roswell Road at the centerline of Sope Creek where said creek crosses the Highway 120 right of way; thence southeast along the centerline of Sope Creek 320 feet to a point; thence south 00 degrees 30 minutes west, 110 feet to an iron pin; thence south 40 degrees 43 minutes west, 111.72 feet to an iron pin; thence continuing south 40 degrees 43 minutes west, 105 feet to a point where this line intersects with the east right of way of State Highway 120 Loop; thence northwest along said right of way 540 feet to the centerline of Sope Creek and the point of beginning.

Tract No. 5
All that tract or parcel of land lying and being in Land Lot 1015, 16th District, 2nd Section, Cobb County, Georgia, and more particularly described as follows:

Beginning at a point 589.4 feet north of and as measured along the westerly property line of Church Street Extension from its intersection with the northerly property line of Tower Road, at the intersection of Tower Road and Church Street Extension, said be ginning point being a corner marked by an iron pin; thence north erly along the westerly property line of Church Street Extension for a distance of 104.6 feet to a corner; thence westerly and forming an interior angle of 105 degrees 10 minutes a distance of 226.0 feet to a corner; thence southerly and forming an interior angle of 92 degrees 3 minutes a distance of 207.0 feet to a point; thence easterly and forming an interior angle of 86 degrees 13 minutes a distance of 109.2 feet to a corner; thence northerly and forming an interior angle of 86 degrees 51 minutes a distance of 104.2 feet to a corner; thence easterly and forming an exterior angle of 84 degrees 42 minutes a distance of 160.0 feet to a corner on the westerly property line of Church Street Extension forming an interior angle of 74 degrees 25 minutes with the said property line of said Church Street
Extension and the point of beginning.

MONDAY, MARCH 24, 1975

3705

Tract No. 6
All that tract or parcel of land lying and being in Land Lot 945 and 1000, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

Starting at a point on the northeast right of way line of Hayes Industrial Drive which point is 830.5 feet northwest of the point where the northwest right of way line of King Industrial Drive intersects the northeast right of way line of Hayes Industrial Drive; thence from said point of beginning southeasterly 324.1 feet along the northeast right of way line of Hayes Industrial Drive; thence northeast and forming an interior angle of 112 degrees 42 minutes to the last previous course for a distance of 79.7 feet; thence northwest and forming an interior angle of 89 degrees 41 minutes to the last previous course for a distance of 350 feet; thence south west and forming an interior angle of 90 degrees 31 minutes to the last previous course for a distance of 166.5 feet; thence on an arc along the east right of way line of Hayes Industrial Drive a distance of 74.5 feet to the point of beginning.

Tract No. 7
All that tract or parcel of land lying and being in Land Lots 732, 733, 780, and 781 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

Beginning at a point on the southwestern side of the 200 foot right of way of U. S. Highway #41, 210 feet southeasterly as measured along the southwestern side of U. S. #41 Highway from the point formed by the intersection of the southeastern side of the 40 foot right of way of Smyrna-Roswell Road with the south western side of U. S. #41; running thence southeasterly along the southwestern side of U. S. Highway #41, 285 feet to an iron pin; running thence south 49 degrees 53 minutes west 753.9 feet to a concrete monument; running thence north 30 degrees 58 minutes west 610.9 feet to a concrete monument on the southeastern side of Smyrna-Roswell Road; running thence northeasterly along the southeastern side of Smyrna-Roswell Road, 471 feet to an iron pin; running thence south 39 degrees 30 minutes east 210 feet to an iron pin; running thence north 58 degrees 49 minutes east 200 feet to a point on the southeastern side of U. S. #41 Highway and the
point of beginning.

Also:
All that tract or parcel of land lying and being in Land Lot 732, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

Beginning at a point on the southeasterly right of way line of Smyrna-Roswell Road, said point being 200 feet southwest of the southwesterly right of way line of U. S. #41 Highway; thence run ning in a southwesterly direction along the southeasterly right of way line of Smyrna-Roswell Road for a distance of 471.05 feet to a

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JOURNAL OF THE HOUSE,

point; thence running in a northwesterly direction for a distance of 40 feet to a point on the northwest right of way line of SmyrnaRoswell Road; thence running in a northeasterly direction along the northwest right of way line of Smyrna-Roswell Road for a dis tance of 471.05 feet to a point; thence running in a southeasterly direction for a distance of 40 feet to the point of beginning.

Tract No. 8
All that tract or parcel of land lying and being in Land Lots 580, 581, 644, and 645 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

Beginning at a point located on the common corner of Land Lots 580, 581, 644, and 645 and thence running north 00 degrees 18 minutes 25 seconds east along the westerly land lot line of Land Lot 645 a distance of 1248.21 feet to a point and corner, said point and
corner being the common corner of Land Lot 579, 580, 645, and 646; thence running north 88 degrees 52 minutes 07 seconds east along the northerly land lot line of Land Lot 645 a distance of 552.90
feet to a point and corner, said point and corner being located on the southerly right of way of Franklin Road; thence running south 42 degrees 52 minutes 09 seconds west along the southerly right of way of Franklin Road a distance of 20.0 feet to a point and corner being located in the southerly right of way of Franklin Road; thence running south 52 degrees 50 minutes 48 seconds east along the southerly right of way of Franklin Road a distance of 151.46 feet, said distance being the tangent of an arc measuring 151.8 feet to a point, said point being located on the southerly right of way of Franklin Road; thence running south 59 degrees 31 minutes 25 seconds east along the southerly right of way of Franklin Road a distance of 291.08 feet to a point and corner, said point and corner being located on the southerly right of way of Franklin Road; thence running south 00 degrees 17 minutes 24 seconds east a dis tance of 1018.64 feet to a point and corner said point and corner being located on the southerly land lot line of Land Lot 645; thence running north 89 degress 10 minutes 30 seconds west along the southerly land lot line of Land Lot 645 a distance of 922.71 feet to a point and corner being the common corner of Land Lots 645, 644, 580 and 581, and said point and corner being the point of beginning. Legal description is intended to yield a parcel of land containing 25.334 acres.

Tract No. 9
Tract 'E'--Parcel Two
All that tract or parcel of land lying and being in Land Lots 651 and 652, 17th District, 2nd Section, Cobb County, Georgia, and more particularly described as follows:
Beginning at an iron pin found at the corner common to said Land Lot 651 and Land Lots 646, 647 and 650 of said District, and running thence south 89 degrees 57 minutes east along the line separating said Land Lots 650 and 651 a distance of 276.7 feet to

MONDAY, MARCH 24, 1975

3707

an iron pin found at the intersection of said Land Lot line with the southwest line of the right of way of Interstate Highway No. 75 (a 300 foot right of way) ; running thence south 53 degrees 29 minutes 30 seconds east along the southeast line of said right of way a distance of 1237 feet to a northwest corner of the property now or formerly owned by William P. Ramsden; running thence south 0 degrees 14 minutes east along the west line of said Ramsden property a distance of 20 feet more or less to the center line of a creek; running thence northwesterly along the centerline of said creek, and following the meanderings thereof, a distance of 440 feet more or less to a northwest corner of said Ramsden property; run ning thence south 0 degrees 43 minutes 30 seconds west along the west line of said Ramsden property a distance of 740 feet, more or less; continuing south 1 degree 6 minutes east along the west line of said Ramsden property a distance of 285 feet to a point; running thence south 34 degrees 9 minutes 30 seconds east along the west line of said Ramsden property a distance of 264.8 feet to the center of a 20 foot driveway easement; running thence south 68 degrees 57 minutes 30 seconds west along said center line a distance of 450 feet to a railroad spike found on the northeast line of the right of way of Franklin Road (a 50 foot right of way) ; running thence north 65 degrees 5 minutes 30 seconds west along the northeast line of said right of way of Franklin Road a distance of 769.2 feet to an iron pin found at the intersection of the northeast line of said right of way of Franklin Road with the line separating said Land Lot 652 and Land Lot 645 of said District; running thence due north along said land lot line a distance of 368.2 feet to an iron pin found at the corner common to said Land Lots 645, 646, 651 and 652; running thence north 0 degrees 6 minutes 30 seconds west along the line separating said Land Lots 646 and 651 a distance of 1300.4 feet to the iron pin found at the point of beginning, being 38.31 acres.' "
"Section 3. Said 1952 amendatory Act, as amended, is hereby amended by adding at the end of Section 7 the following new paragraph:
'Notwithstanding any other provision of this charter, the mayor and council by resolution may waive the 65 years of age limitation with respect to a member of the Civil Service Board.' "

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 150, nays 0.

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

SB 357. By Senator Warren of the 43rd: A Bill to provide that in all counties of this State having a certain

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JOURNAL OF THE HOUSE,

population, it shall be lawful to erect signs bearing- the word "SOLD" on certain residential property.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

SB 398. By Senator Stephens of the 36th:
A Bill to waive the governmental immunity of Fulton County from claims by Edna H. Sosby, et al, for damages arising from the deaths of Sosby, Avery and Skinner and personal injury to Cox, resulting from collision with a Fulton County vehicle on December 16, 1974; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

SB 387. 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", as amended, so as to further define the powers of the Authority; to provide the Authority power to enter into contracts with consolidated governments; and for other purposes.

The following amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend SB 387 as follows:
By striking from quoted subsection (f) of Section 1, page 2, lines 1 and 2, the words "operation" and "Maintenance".

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 150, nays 0.

MONDAY, MARCH 24, 1975

3709

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

SB 363. By Senator Barnes of the 33rd:
A Bill to amend an Act providing for a new charter for the City of Powder Springs, Georgia, as amended, so as to redefine the corporate limits of the city; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act providing for a new charter for the City of Powder Springs, Georgia, approved March 13, 1970 (Ga. Laws 1970, p. 2760), as amended, particularly by an Act approved March 25, 1974 (Ga. Laws 1974, p. 3425), so as to redefine the corporate limits of the city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act providing for a new charter for the City of Powder Springs, Georgia, approved March 13, 1970 (Ga. Laws 1970, p. 2760), as amended, particularly by an Act approved March 25, 1974 (Ga. Laws 1974, p. 3425), is hereby amended by striking Section 1.02 in its entirety, and substituting in lieu thereof a new Section 1.02, to read as follows:
"Section 1.02. Corporate Boundaries. The corporate limits of the City of Powder Springs shall be defined, located and described as follows:
'TRACT I
Beginning at a point where the South line of Land Lot 951 intersects the Western right of way of Brownsville Road; thence in a Northeasterly direction along the western right of way of said road 3220 feet more or less to the intersection of the center line of Powder Creek with the Northwestern right of way of Brownsville Road; thence in a Northeasterly direction 1040 feet more or less to a point location on the Northern right of way of Highway 278; thence in a Southeasterly direction along said right of way 800 feet more or less to the center line of a creek; thence in a northerly and northeasterly direction 230 feet more or less to a point where the center line of said creek intersects the northeast right of way of Jackson Way; thence in a northwesterly direction 50 feet more or less to the intersection of the northeast right of way of Jackson Way and the Northwest right of way of Old Lost Mountain Road; thence in a northeasterly direction along the northwestern right of way of Old Lost Mountain Road 1730 feet more or less to a point

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JOURNAL OF THE HOUSE,

where said right of way intersects the north land lot line of Land Lot 827; thence in an easterly direction along the northern land lot lines of Land Lot 827 and 828, 1350 feet more or less to the land lot line of 828; thence in a northerly direction along the west line of land lot 800, 755 and 726, 2792.9 feet more or less south of the intersection of the west land lot line of land lot 726 and the southern right of way of Macedonia Road; thence in a southeasterly direction along the northeastern property line of lots 11 and 12 of Springville Estates Subdivision 409.7 feet more or less; thence in a northerly direction 490 feet more or less to the northeastern right of way of Macedonia Road; said point being located 400 feet more or less southeasterly of the intersection of the northern right of way of Macedonia Road and the west line of land lot 726; thence south easterly along said right of way 370 feet more or less to a point; thence in a northerly direction 183.9 feet more or less; thence in a northwesterly direction 790 feet more or less to a point on the west line of land lot 726; thence northerly along said land lot line 513.36 feet more or less to the northwest corner of land lot 726; thence east along the north line of land lot 726, 1097.92 feet more or less to a point; thence in a southerly direction 209 feet more or less; thence in a easterly direction 259 feet more or less to a point on the eastern right of way of New Macland Road; thence southerly along said right of way 209 feet more or less to a point; thence westerly across Macland Road and continuing 259 feet more or less to a point; thence in a southerly direction, 745 feet more or less to a point; thence south 81 degrees 53 minutes east 9 feet more or less; thence south 05 degrees 41 minutes east 8.29 feet more or less; thence in a northwesterly direction 271 feet more or less; thence in a southerly direction 260 feet more or less to a point on the southwest right of way of Macedonia Road; thence northwest erly along said right of way 80 feet more or less; thence in a south westerly direction 237 feet to a point; thence in a southeasterly direction 370 feet more or less; thence southeasterly 360 feet more or less to a point; thence east 219.60 feet more or less to a point on the west right of way of New Macland Road; thence in a northerly direction along said right of way 597 feet more or less to the inter section of the west right of way of Macland Road and the southern right of way of Macedonia Road; thence diagonally in a northeasterly direction across Macland Road to the intersection of the eastern right of way of Macland Road and the Northwestern right of way of Macedonia Road; thence in a northeasterly direction along the northwestern right of way of Macedonia Road 255 feet more or less to a point; thence in a southeasterly direction 235 feet more or less to a point located on the south line of land lot 725; thence east along the south land lot lines of land lot 725 and 724, 2225 feet more or less to the southeast corner of land lot 724; thence north along the west line of land lot 723 and 68 2645 feet to the north west corner of land lot 684; thence east along the north land lot
line of land lot 684, 1380 feet more or less to the northeast corner
of land lot 684; thence south along the east line of land lot 684,
450 feet more or less to a point where the center line of Wild Horse
Creek intersects said land lot line; thence in a southeasterly direc
tion following the center line of the meanderings of the creek 1430
feet more or less to the intersection of the center line of said creek

MONDAY, MAECH 24, 1975

3711

with the northwestern right of way of Macedonia Road; thence northeasterly and diagonally 585 feet to a point at the intersection of the eastern right of way of Hopkins Road and the southeastern right of way of Macedonia Road; thence southwesterly along the eastern right of way of Hopkins Road 200 feet more or less; thence southwesterly 460 feet more or less to the center line of Wild Horse Creek, said point being located 250 feet more or less from the inter section of the southeast right of way of Macedonia Road and the center line of Wild Horse Creek; thence in a southeasterly direction along center line of Wild Horse Creek 950 feet more or less to the intersection of said creek with the east line of land lot 722; thence south along the east line of 722 and 759, 1325 feet more or less to the southeast corner of land lot 759; thence easterly along the south line of land lot 759, 135 feet more or less to a point; thence southeasterly 160 feet to the center line of Wild Horse Creek; thence southeasterly along said creek 460 feet to a point; thence south 830 feet to a point on the south line of land lot 759; thence east along the south line of land lot 795, 400 feet to a point on the easterly side of Hopkins Road; thence easterly along the south easterly side of Hopkins Road, 510 feet more or less to a point; thence northwesterly 201.13 feet to a point thence south a distance of 1065 feet to a point on the south land lot line of 834; thence east along the south land lot line of land lot 834, 150 feet to a point on the east right of way of Hopkins Road; thence south along the east right of way of Hopkins Road for a distance of 950 feet to the north right of way of Powders Springs Road (SR 5) ; thence westerly of north right of way of said Powder Springs Road for a distance of 50 feet to the west right of way of Hopkins Road; thence north along west right of way of Hopkins Road, 200 feet to a point; thence westerly 100 feet to a point; thence south 200 feet to a point on the north right of way of Powder Springs Road (SR 5) ; thence easterly along north right of way of Powder Springs Road, 100 feet to a point and the west right of way of Hopkins Road; thence south across Powder Springs Road, 70 feet to the south right of way of Powder Springs Road; thence westerly along the south right of way of Powder Springs Road, 480 feet to a point; thence northerly 590 feet to a point; thence north parallel to the east line of land lot 870, 250 feet to a point; thence northwesterly and parallel to the north land lot line of 870, 399.88 feet to a point; thence north parallel with the east line of land lots 833 and 796, 2787.48 feet to a point on the north line of land lot 796; thence west along the north line of land lot 796, 920 feet to the northwest corner of said land lot; thence south along the west land lot line of said land lot 796, 430 feet more or less to a point; thence west parallel with the north land lot line of land lot 797, 639.10 feet more or less; thence south parallel with the west land lot line of land lot 797, 944.60 feet to the south line of said land lot; thence continuing south and parallel with the west line of land lot 871, 766.8 feet more or less to the south side of
Powder Springs Road; thence following the curvature of Powder
Springs Road 760.31 feet to the intersection of said road with the
east land lot line of land lot 872; thence south along said land lot
line 150 feet to a point on the southerly right of way of the Seaboard
Airline right of way Railroad; thence southeasterly along said rail
road 1574.50 feet to a point on the east land lot line of land lot 906;

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JOURNAL OF THE HOUSE,

thence south along the east line of said land lot 906 to a point; thence due East parallel with Sharon Drive 1001 feet more or less to a point; thence due south 250 feet to a point on the south side of Sharon Drive; thence west along the south side of Sharon Drive 1001 feet to a point at the southeast corner of land lot 906; thence south along the east land lot line of land lot 945, 398 feet to a point on said land lot line; thence east 430 feet to a point; thence south 25 degrees 00 minutes west 450 feet to a point, said point being located 210 feet east of the west land lot line of land lot 944; thence due east 60 feet to a point; thence south 255 feet to a point on the south side of Sharon Drive; thence West 255 feet to a point on the West line of Land Lot 944; thence North along the West line of Land Lot 944, 430 feet to a point; thence due West 230 feet to a point; thence due South 430 feet to a point on the South side of Sharon Drive; thence West along the Southeast side of said drive 200 feet to a point; thence due North 480 feet to a point; thence West and parallel with Sharon Drive for a distance of 940 feet to a point; thence North and parallel with the West line of Land Lot 945, 650 feet to a point located on the North line of Land Lot 945; thence West along the North line of Land Lots 945 and 946, 935 feet to a point; thence South 11 degrees 00 minutes East 270 feet to a point; thence South 45 degrees 00 minutes West 85.7 feet to a point; thence South 38 degrees 00 minutes East 100 feet to a point; thence North 73 degrees 00 minutes East 370 feet to a point on the East side of Austell Highway #278; thence Southerly along the East side of said road 385 feet to a point; thence East 422.3 feet to the East line of Land Lot 946; thence South along said Land Lot line 286.8 feet to a point; thence Northwesterly 365 feet to a point on the East side of Highway #278; thence Southeasterly along the East side of Highday #278, 180 feet to a point; thence due West 250 feet to a point on the West side of Old Austell Road; thence Northerly along said right of way 1420 feet more or less to a point where said road inter sects with the North line of Land Lot 947; thence West along said Land Lot line 670 feet to a point; thence South 27 degrees 00 minutes East 1080 feet to a point; thence due West 791 feet to a point; thence due North 950 feet to a point on the North line of Land Lot 947; thence West 340 feet to the Northwest corner of Land Lot 947; thence South along the West line of Land Lot 947, 240 feet to a point; thence due West and following the curature of Compton Circle 1250 feet to a point on the North line of Land Lot 948; thence West along the North line of Land Lots 948, 949, and 950, 1800 feet to a point on the center line of Powder Creek; thence
Northerly following the meanderings of said creek a distance of 850 feet more or less; thence due South and parallel with the West line of Land Lots 901 and 950, 2273.72 feet to a point on the South Land Lot line of Land Lot 950; thence West along the South line of Land Lot 950, 684 feet to the Southwest corner of Land Lot 950; thence continuing West along the South line of Land Lot 951 1059.90 feet to a point, said point being the Point of Beginning.

TRACT II
Beginning at the Southeasterly intersection of Hopkins Road and the center line of Wild Horse Creek; thence following the curvature of Hopkins Road 2592.4 feet to a point; thence Southwesterly 250

MONDAY, MARCH 24, 1975

3713

feet to a point; thence Southeasterly parallel with Hopkins Road 700 feet to a point; thence due South 645 feet to a point at the centerline of Wild Horse Creek; thence Southeasterly following the meanderings of said creek 950 feet to the Point of Beginning.

TRACT III
Beginning at a point on the North line of Land Lot 793, 150 feet West of the Northeast corner of said land lot; thence West along the North line of Land Lots 793 and 794 and 795, a distance of 2561 feet to a point; thence South 23 degrees 00 minutes East 1422.047 feet to a point on the South Land Lot line of Land Lot 794; thence East along the South line of Land Lots 794 and 793 a distance of 1216.84 feet to the center line of Noses Creek; thence Northeasterly and following the meanderings of Noses Creek 1560 feet more or less to the Point of Beginning.

TRACT IV
Beginning at a point on the Southwesterly right of way of Hopkins Road 340 feet Southeasterly of the North line of Land Lot 760; thence Northeasterly 250 feet to a point; thence Southeasterly 100 feet to a point; thence Southwesterly 250 feet to the Southwest side of Hopkins Road; thence Northwesterly along said road 100 feet to the Point of Beginning.
TRACT V
Beginning at the Southwest intersection of Macedonia and New Macland Road; thence North along the West side of New Macland Road 270 feet to a point; thence Northwesterly 249.94 feet to a point; thence South 265.9 feet to a point on the South side of Macedonia Road; thence East along said road 197.3 feet to the Point of Beginning.
TRACT VI
Beginning at a point where the East side of New Macland Road intersects the South line of Land Lot 682; thence West along said land lot line 250 feet to a point; thence North and parallel to New Macland Road 410 feet to a point; thence East 250 feet to a point on the East side of said road; thence South along said road 410 feet to the Point of Beginning.
TRACT VII
Beginning at a point on the East side of New Macland Road 510 feet North of the South line of Land Lot 682; thence West 250 feet to a point; thence North and parallel to New Macland Road 200 feet to a point; thence East 250 feet to a point on the East side of said road; thence South along the East side of said road 200 feet to the Point of Beginning.

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JOURNAL OF THE HOUSE,

TRACT VIII

Beginning at a point where the South side of Macedonia Road intersects the East line of Land Lot 725; thence East along the South side of said road 200 feet to a point; thence due North 960 feet to a point; thence due East 50 feet to a point; thence due North 750 feet to a point; thence due West 250 feet to a point on the East line of Land Lot 682; thence North along the East line of Land Lot 682, 260 feet to a point located at the Northeast corner of Land Lot 682; thence West along the North line of said Land Lot, 1400 feet to a point located on the West side of New Macland Road; thence North along the West side of said road 285 feet to a point; thence West 200 feet to a point; thence due South and parallel with New Macland Road 750 feet to a point; thence East 250 feet to a point on the East side of said road; thence due East 600 feet to a point; thence due South 750 feet to a point on the South side of Macedonia Road; thence Northeasterly along the Northerly side of Macedonia Road 900 feet to the Point of Beginning.

TRACT IX
Beginning at a point on the East side of New Macland Road where said road intersects with the North line of Land Lot 652; thence West along said North land lot line 250 feet to a point; thence South and parallel to New Macland Road 640 feet to a point; thence East 250 feet to the East side of said road; thence North along the East side of said road 640 feet to the Point of Beginning.

TRACT X
Hopkins Road (50 foot right of way) Beginning at the South right of way of Macedonia Road in Land Lot 722 and extending Southward to its point of intersection with Powder Springs Road (SR #5) in Land Lot 869.
Powder Springs Road (SR #5) (100 foot right of way) Begin ning at the Point of intersection with the East right of way of Hopkins Road in Land Lot 869 and extending Westward to a point 400 feet East of the West Land Lot line of Land Lot 876.
New Macland Road (SR #176) (80 foot right of way) Beginning at its point of intersection with the North right of way of Marietta Street (SR #5 and US #278) and extending Northward to a point on North Land Lot line of Land Lot 652.

TRACT XI
All that tract or parcel of Land lying and being in Land Lots 721, 760, 761 and 762 of the 19th District, 2nd Section, Cobb County, Georgia, and being shown on plat of survey for Valley Forge Cor poration by Metro Engineering and Surveying Co., Inc., dated October 3, 1972, and being more particularly described as follows:

MONDAY, MARCH 24, 1975

3715

Beginning at an iron pin located on the Southerly side of the
right of way of Macedonia Road a distance of 195.0 feet Easterly from the intersection of the Easterly side of the right of way of Hopkins Road with the Southerly side of Macedonia Road; thence run ning North 87 degrees 15 minutes East along the Southerly side of the
right of way of Macedonia Road a distance of 1,060.7 feet to an iron pin located on the East land lot line of Land Lot 721; thence run ning South 02 degrees 25 minutes East along the East land lot line of Land Lot 721 a distance of 1,295.6 feet to an iron pin located at the South East corner of Land Lot 721; thence running North 89 degrees 29 minutes East along the North land lot line of Land Lot 761 a distance of 508.0 feet to an iron pin and corner; thence running South 00 degrees 57 minutes West a distance of 535.0 feet to an iron pin and corner; thence running South 18 degrees 02 minutes East a distance of 109.0 feet to an iron pin and corner; thence running North 89 degrees 39 minutes East a distance of 2,169.1 feet to an iron pin located on the East land lot line of Land Lot 762; thence running South 00 degrees 21 minutes East along the East land lot line of Land Lot 762 a distance of 660.0 feet to an iron pin located at the South East corner of Land Lot 762; thence running South 89 degrees 39 minutes West along the South land lot lines of Land Lots 762, 761 and 760 a distance of 2,806.1 feet to an iron pin and corner; thence running North 40 degrees 55 minutes West a distance of 541.1 feet to an iron pin; thence running North 22 degrees 11 minutes West a distance of 516.1 feet to an iron pin; thence running North 26 degrees 06 minutes West a distance of 738.1 feet to an iron pin; thence running North 21 degrees 54 minutes West a distance of 546.7 feet to an iron pin; thence running North 07 degrees 30 minutes East a distance of 488.8 feet to an iron pin located on the Southerly side of the right of way of Mace donia Road and the Point of Beginning.

TRACT XII
Beginning at the Northeast corner of Land Lot 762, thence run ning South 01 degrees 36 minutes West for a distance of 666.9 feet to the property of American Developers, Inc.; thence running North 89 degrees 43 minutes West along the property of American De velopers, Inc. for a distance of 1,413.1 feet to a point and corner; thence continuing along the North side of American Developers, Inc.'s property in a Westerly direction for a distance of 520.8 feet to a point and corner; thence running North 2 degrees 18 minutes West for a distance of 646.1 feet to an iron pin; thence running North 88 degrees 52 minutes East for a distance of 555.6 feet to an iron pin and corner; thence running South 0 degrees 1 minute East for a distance of 68.3 feet; thence running South 88 degrees 41 minutes East for a distance of 170.7 feet; thence running North 2 degrees 11 minutes west for a distance of 72.2 feet; thence running North 89 degrees 59 minutes East for a distance of 1,225 feet to an iron pin and corner and the Point of Beginning.' "
Section 2. All laws and parts of laws in conflict with this Act are
hereby repealed.

3716

JOURNAL OP THE HOUSE,

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

On the passage of the Bill, by substitute, the ayes were 150, 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 adopted by the requisite constitutional majority the following Resolutions of the House, to-wit:

HR 384. By Reps. Hawkins of the 50th, Bray of the 70th, Howell of the 140th and others:
A Resolution commending Mr. Bob Harrell.

HR 389. By Reps. Gammage of the 17th, Murphy of the 18th and Adams of the 14th:
A Resolution expressing regrets at the passing of Mr. Luther Franklin Butler.

HR 156-662. By Reps. Tolbert of the 56th, Linder of the 44th, Williamson of the 45th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of DeKalb County to enter into certain contracts providing for garbage and solid waste collection and disposal.

HR 336. By Reps. Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A Resolution whereas, the State of Georgia has a need to acquire public areas to encourage and to enhance the availability of game management and other outdoor recreation areas, public education in forestry.

HR 337. By Reps. Matthews of the 145th, Castleberry of the lllth, McCollum of the 134th and others:
A Resolution requesting the United States Department of Agriculture to issue a statement of intention concerning the federal peanut program.

MONDAY, MARCH 24, 1975

3717

HR 169-829. By Rep. Lambert of the 112th:
A Resolution authorizing the State Properties Commission to grant and convey to Georgia Power Company, its successors and assigns, easements over, under, across and through certain properties owned by the State of Georgia and located in Gwinnett County, Georgia.

HR 335. By Reps. Hudson of the 137th, Matthews of the 145th, Rainey of the 135th and others:
A Resolution urging the United States Congress to increase support prices and loan program for cotton.
HR 143-606. By Reps. Hatcher of the 131st, Hutchinson of the 133rd, McCollum of the 134th and others:
A Resolution authorizing the State Librarian to furnish the new Judge of the Superior Court of the Dougherty Judicial Circuit with certain books.
HR 334. By Reps. Reaves of the 147th, Collins of the 144th, Matthews of the 145th and others: A Resolution commending the University of Georgia College of Agri culture Experiment Stations.
The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:
HB 13. By Reps. Snow of the 1st, Sams of the 90th, Karrh of the 106th and others: A Bill to amend an Act comprehensively revising appellate and other post trial procedure so as to provide for interlocutory appeals upon peti tion to the Supreme Court or Court of Appeals; to prescribe the pro cedure for such appeals.
HB 29. By Reps. Mullinax of the 69th, Brown of the 34th, and Carr of the 105th:
A Bill to provide for the Dept. of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Sections 9 and 13 of the Employment Security Law of additional funds which are otherwise avail able to the Dept. of Labor of Ga. out of funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the U.S. of America.
HB 76. By Rep. Larson of the 27th: A Bill to amend an Act known as the "Uniform Reciprocal Enforcement of Support Act" so as to provide that the district attorney shall rep resent the plaintiff under the provisions of the said Act where the plain-

3718

JOURNAL OF THE HOUSE,

tiff if an applicant or recipient of public assistance or the obligee is dependent child or the obligees are dependent children.

HB 215. By Rep. Glover of the 32nd:
A Bill to amend Section 23-1705(3) of the Code of Georgia of 1933 so as to increase from $1,000 to $5,000 the amount of total contract price below which no payment or performance bond is required on certain public works contracts of the State, counties and municipalities.
HB 259. By Mr. Connell of the 87th:
A Bill to amend an Act establishing the State Employees' Retirement System so as to change the retirement requirements and benefits for certain personnel of the Department of Revenue.

HB 248. By Reps. Marcus of the 26th, Larsen of the 27th, Egan of the 25th and others: A Bill to authorize certain counties and municipalities to impose, levy and collect certain excise taxes; to provide a condition precedent for authority to levy such taxes following the initial year.
HB 260. By Mr. Connell of the 87th:
A Bill to amend an Act establishing the State Employees' Retirement System so as to entitle Dept. of Natural Resources Law Enforcement personnel to certain payments for a disability due to an act of external violence or injury incurred in line of duty.
HB 267. By Reps. Pinkston of the 100th and Evans of the 99th: A Bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia to provide that the Board of Commissioners may accept certain applications for reinstatement in said Fund from prior members who have withdrawn the total sum which they have paid into the fund in dues.
'HB 351. By Reps. Jordan of the 58th, Vaughn of the 57th, Russell of the 53rd and others: A Bill 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.
HB 440. By Rep. Larsen of the 27th: A Bill to amend an Act which authorized the acceptance and payment of cash bonds from persons charged with violations of traffic laws, so as to include within the purview of said Act violation of litter laws.

MONDAY, MARCH 24, 1975

3719

HB 599. By Rep. Burruss of the 21st:
A Bill to amend Code Section 34-1513, relating to requirements for nomination and election in certain elections so as to provide that certain candidates in primary and general elections are not qualified to be eligible as a write-in candidate in a run-off election.

HB 670. By Reps. Battle of the 124th, Triplett of the 128th, Childers of the 15th and others:
A Bill to amend Code Title 84, relating to professions, businesses and trades so as to provide for the regulation of the practice of geology; to provide a short title ("Registration of Geologists Act of 1975").

HB 721. By Reps. Lambert of the 112th, and Carlisle of the 71st:
A Bill to amend Code Chapter 88-9, relating to Air Quality Control, so as to provide that considerations of economic cost of technical feasibility shall be subordinate to considerations of public health.

HB 762. By Rep. Hatcher of the 131st:
A Bill to amend Code Section 79A-828, relating to forfeitures under the "Georgia Controlled Substances Act", so as to provide for forfeiture of conveyances in which certain amounts of marijuana is found.

HB 765. By Reps. Howard of the 19th, Edwards of the 20th, Cooper of the 19th and Harrison of the 20th:
A Bill to amend Section 24-2805 of the Code of Georgia relating to the surety bonds which must be given by sheriffs for the faithful discharge of their duties so as to increase the amount of said bond.

HB 766. By Representatives Howard of the 19th, Edwards of the 20th, Cooper of the 19th and others:
A Bill to amend Section 24-1704 of the Code of Georgia relating to the surety bonds which must be given by judge of probate courts for the faithful discharge of their duties so as to increase the amount of said bond.

HB 767. By Reps. Howard of the 19th, Edwards of the 20th, Cooper of the 19th, and others:
A Bill to amend section 24-2713 of the Code of Georgia relating to the surety bonds which must be given by clerks of superior courts for the faithful discharge of their duties so as to increase the amount of said bond.

3720

JOURNAL OF THE HOUSE,

HB 768. By Reps. Howard of the 19th, Edwards of the 20th, Cooper of the 19th and others:
A Bill to amend an Act which provides for the organization, jurisdiction, venue, practice and procedure of certain courts which are below the superior court level so as to provide for bonds for clerks of the state courts.

HB 774. By Reps. Petro of the 46th, Davis of the 56th, Childs of the 51st and others:
A Bill to provide that in all counties of this State having a population of not less than 400,000 and not more than 600,000, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is law fully authorized such sales for consumption on the premises shall be authorized during certain hours.

HB 805. By Reps. Howell of the 140th:
A Bill to amend Code Chapter 34-10A relating to the Georgia Presi dential Preference Primary, so as to provide for qualifying period and certification date for candidate in the Presidential Preference Primary.

HB 844. By Rep. Howell of the 140th:
A Bill to amend Code Chapter 34-10A, relating to the Presidential Prefer ence Primary so as to provide for a proclamation by the Governor; to prohibit assessment of a qualifying fee for presidential candidates; to provide that such primary shall be conducted in accordance with the provisions governing general primaries.

HB 937. By Rep. Rainey of the 135th:
A Bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws relating to the State Game and Fish Commission so as to change the provisions for disposing of contraband wildlife, or parts thereof, which have been seized under the provisions of said Act.

HB 1109. By Reps. Murphy of the 18th, Vaughn of the 57th, Connell of the 87th and others:
A Bill to amend an Act providing for grants to citizens of Georgia who are students attending colleges or universities in this State which are not branches of the University System of Georgia, approved April 14, 1971, so as to change the amount of such grants for certain students.

HB 1115. By Rep. Phillips of the 91st:
A Bill to amend an Act creating a Small Claims Court in Harris County so as to change the jurisdictional amount of the said court.

MONDAY, MARCH 24, 1975

3^721

HB 1140. By Rep. Rainey of the 135th:
A Bill to provide for certain restrictions on the exercise of powers by the Cordele Office Building Authority; to provide for definitions; to require referendum elections on the question of beginning projects with a certain elections on the question of beginning projects with a certain exception.

HB 1152. By Reps. Parkman and Glanton of the 66th, and Ware of the 68th:
A Bill to create the office of Commissioner of Heard County; to provide for election, bond and oath; to provide for filling a vacancy in office; to provide for compensation; to provide for a clerk; to provide for a superintendent of roads and bridges.

HB 466. By Rep. Irvin of the 23rd:
A Bill to amend an Act to limit the effect of and time for enforcing conveyances of real property to secure debt by providing for a reversion of title . . ., so as to require that certain additional information shall be recorded in the deed records of the county upon foreclosure of a mort gage and the subsequent sale of such property.

HB 484. By Rep. Ham of the 80th:
A Bill to amend Code Section 88-1721, relating to the corrections and amendment of vital records, so as to provide for a procedure for the obtaining of orders from the superior courts requiring the change of a year of birth, the correction of a delayed birth certificate or the removal of the name of a father from a birth certificate on file.

The Senate has agreed to the House amendments to the following Bills of the Senate, to-wit:

SB 328. By Senator Foster of the 50th:
A Bill to create and establish an Airport Authority for Rabun County, and to authorize such Authority to acquire, construct, equip, maintain, operate own and improve airports and landing fields for use of aircraft, which shall include related buildings, equipment and the usual and con venient facilities appertaining to such undertaking, and to acquire, own and hold a fee simple title to all necessary property therefor.

SB 324. By Senators Riley of the 1st, Brown of the 47th, Reynolds of the 48th and others:
A Bill to make the operation of the Public Service Commission and the administration of its duties and responsibilities more efficient, effective and complete; to provide for the purpose thereof.

3722

JOURNAL OF THE HOUSE,

SB 271. By Senators Starr of the 44th and Howard of the 42nd:
A Bill to amend an Act known as the Georgia Peace Officers Standards and Training Act, as amended so as to provide that the membership of the Council shall include the Commissioner of the Department of Public Safety or his designee; to redefine the terms "peace officer" and "law enforcement unit".

The Senate has agreed to the House substitute to the following Bill of the Senate, to-wit:

SB 189. By Senator Stephens of the 36th:
A Bill to amend an Act known as the "Georgia Equine Act", as amended, so as to provide for the control, suppression, prevention and eradication of the equine disease known as "equine infectious anemia" (also known as swamp fever, EIA and slow fever).

The Senate has adopted the Committee of Conference report on the follow ing Bills of the Senate and House, to-wit:

SB 243. By Senator Traylor of the 3rd:
A Bill to provide for the compensation of judges of the State courts in certain counties of this State; to provide an effective date.

HB 74. By Rep. Larsen of the 27th:
A Bill to amend Code Section 59-112, relating to persons exempt from jury so as to change the provisions relating to women; to amend Code Section 79-207, relating to citizenship rights of females so as to change the provisions relating to rights and liabilities of females.

The Senate has agreed to House substitute to the following Resolution of the Senate, to-wit:

SR 36. By Senators Holloway of the 12th, Reynolds of the 48th, and Dean of the 31st:
A Resolution creating a special Study Commission to inquire into and propose solutions to all matters related to a potential fluctuation of State gasoline tax revenues; to provide for appointments to the Commission; to prescribe the duties of the Commission; to provide for the dissolution of the Commission.

MONDAY, MARCH 24, 1975

3723

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

Mr. Speaker:

Your Committee on Rules met and submits the following supplement to the calendar already adopted this March 24, 1975, by adding the following:
SB 7. Court Bailiffs, Change maximum SB 15. Small Businesses, State Purchases & Contracts SB 38. Gainesville, City of; Auto Property Tax Returns SB 41. Incompetent Persons; Medical Treatment SB 88. Marijuana; Unlawful to Sell, Dist., Mfg., Etc. SB 99. Board of Chiropractic Exam; Members SB 120. Teachers Retirement System; Board of Trustees-Members SB 132. Property; Good Title by Adverse Possession SB 147. Banks; Provide for Branch Banks, Merger SR 151. Jenkins County; convey property SB 169. Obscene Materials; certain devises SB 198. Theft of Services; Entering Automobile; Felony SB 214. Lobbyists, Disclosure of Certain Actions SB 255. Student Grants, Qualifications SB 262. Correctional Industries, Inmates Employed-pay SB 272. Board of Public Safety; Authority Over Police Academy SB 291. Gambling, Participation in Any Lottery; unlawful SB 321. Georgia Warm Springs Hospital; reserve funds SB 342. Commercial Pishing Boats; Confiscation-Provisions SB 349. Motor Contract Carriers, Nursery Stock, Etc. SB 361. Motor Vehicle Operators, Financial Responsibility SB 394. Health Insurance Plan; Public School Employees SR 7. EREG Senate Committee, Membership SR 57. Health Laws Study Committee; Create SR 96. Outdoor Advertising & Junk Yards; regulations SR 139. Freeport Tax Study Committee; Create SR 140. Blue Laws Study Committee; Create

3724

JOURNAL OF THE HOUSE,

SR 144. Convey Property Located in Lee & Dougherty Counties SR 171. Designate Wayne County Bridge; "John Henry Lane, Jr."

Except as herein amended, the provisions of the calendar heretofore sub mitted shall remain in full force and effect.

(Sup. 1)

Respectfully submitted, Representative Lee of the 72nd, Chairman

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 17. By Representatives Ware of the 68th, Greer of the 43rd and Castleberry of the lllth:
A Bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to provide for additional definitions; to change certain definitions; to change the provisions relating to minimum in surance coverage for motor vehicles; to change the provisions relating to survivors' benefits.

The President has appointed on the part of the Senate the following Senators: Doss of the 52nd, Starr of the 44th, and Warren of the 43rd.

The Senate adheres to its amendments and has appointed a Committee of Conference on the following Bill of the House, to-wit:

HB 859. By Rep. Hatcher of the 131st:
A Bill to amend Code Section 24A-1403, relating to the place of detention of children under the jurisdiction of juvenile courts in order to provide for the places of detention, so as to provide that juveniles shall not be detained in a jail pending a committal hearing or indictment unless detained in a room separate and removed from those for adults.

The President has appointed on the part of the Senate the following Senators: Kidd of the 25th, Barnes of the 33rd, and Robinson of the 27th.

Representative Russell of the 53rd moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate:

MONDAY, MARCH 24, 1975

3725

SB 148. By Senators Holley of the 22nd, Riley of the 1st and Holloway of the 12th:
A Bill to amend Code Section 13-203, relating to branch banks, as amended, so as to provide that any parent bank located in certain counties of this State may establish a branch bank within certain adjacent counties; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, Marvin Bailey Bargeron Beck Berry Bolster Bowman Bray Burton Calhoun Carrell Carter Castleberry Childers Childs Clark, Betty Clark, L. Cooper Cox Crawford Culpepper Davis Dixon Edwards, W. Evans, W. D. Foster, P. W. Foster, R. L. Fraser Gammage Glover

Ham Harris, B. B. Harris, J. G. Hatcher Hays Hill, B. L. Hill, G. Holmes Horton Hudson Irvin, R. Irwin Jackson Jessup Johnson, W. R. Keyton King Larsen, G. K. Larsen, W. W. Linder Logan Long Marcus Matthews, D. R. McKinney Milford Mostiler Nessmith Nix Owens

Oxford Parham Parkman Parrish Patten, R. L. Phillips, R. T. Phillips, W. R. Rainey Randall Ray Richardson Russell, J. Russell, W. B. Sheats Sigman Smith, V. B. Smyre Snow Stone Sweat Taggart Thompson ' Tolbert Triplett Tucker Waddle Walker Watson West White

Those voting in the negative were Representatives:

Banks Irvin, J. Karrh

Kreeger Mann McCollum

Noble Sizemore Wall

3726

JOURNAL OF THE HOUSE,

Those not voting were Representatives:

Adams, G. D. Adams, John Alexander Battle Baugh Beckham Blackshear Brown Buck Burruss Carlisle Carnes Carr Chance Clifton Cole Coleman Collins Colwell Connell Daugherty Dean Dent Dover Edwards, C. W. Egan Elliott

Evans Felton Gignilliat Glanton Greer Hamilton Harden Harris, J. F. Harrison Hawkins Howard Howell Hutchinson Johnson, R. Jones Jordan Kilgore Knight Lambert Lane, Dick Lane, W. J. Lee Leggett Leonard Lucas Matthews, C. McDonald

Miles Mullinax Patten, G. C. Peters Petro Phillips, L. L. Pinkston Reaves Ross Rush Sams Scott Smith, J. R. Shanahan Thomason Toles Townsend Twiggs Vaughn Ware Wheeler Whitmire Williams Williamson Wilson Wood Mr. Speaker

On the motion, the ayes were 90, nays 9.

The motion prevailed and SB 148 was reconsidered.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 247. By Reps. Edwards of the 110th, Harris of the 8th, Vaughn of the 57th and others:
A Bill to amend an Act authorizing the Dept. of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, so as to increase to twelve cents per mile the rate at which the State reimburses expenses incurred by em ployees of the State or any agency thereof.

MONDAY, MARCH 24, 1975

3727

HB 1143. By Rep. Hatcher of the 131st:
A Bill to provide a new Charter for the City of Leary, Georgia, in the County of Calhoun.

HB 952. By Reps. Bailey, Johnson, West and Lee of the 72nd:
A Bill to create a new charter for the City of Lovejoy in the County of Clayton.
HB 1198. By Reps. Evans of the 99th, Banks of the 104th, Bowman of the 103rd, and others:
A Bill to amend an Act creating the Middle Georgia Coliseum Authority so as to increase the amount of revenue bonds which the Authority is empowered to issue, to authorize political subdivisions contracting with the Authority to convey public property to the Authority.

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

HB 1024. By Reps. Lucas of the 102nd, Randall of the 101st, Bowman of the 103rd, and others:
A Bill to amend an Act to reenact the charter of the City of Macon so as to provide for the election of aldermen from districts.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 625. By Representative Sigman of the 74th:
A Bill to amend an Act providing for a new Board of Education of Newton County so as to change the provisions relative to the Chairman of the Board of Education of Newton County; to change the compensa tion of the members of the board of education; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act reconstituting the County Board of Education of Newton County as a five-member board appointed as provided in the Constitution and general laws of this State; to provide for the initial appointments and subsequent appointments to the board; to provide for the election of the County School Superintendent of Newton County as provided in the Constitution and general laws of this State; to provide for the election and term of the initial county school superintendent elected under this Act; to provide for a special election; to provide for subsequent elections and terms of office; to repeal a specific Act; to

3728

JOURNAL OP THE HOUSE,

provide for the law applicable to the County Board of Education and County School Superintendent of Newton County; to provide an effec tive date; to provide for a referendum; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. On January 1, 1977, the County Board of Education of Newton County shall be reconstituted as a five-member board, appointed as provided in Article VIII, Section V, Paragraph I of the Constitution and the general laws of this State. The last regularly scheduled grand jury which shall convene prior to January 1, 1977, shall appoint the initial members of the reconstituted county board of education to terms that will provide for the expiration of the term of one member of the board each year. Thereafter, appointments shall be made as provided in Article VIII, Section V, Paragraph I of the Constitution and the general laws of this State.

Section 2. On January 1, 1977, a County School Superintendent of Newton County, elected as provided in Article VIII, Section VI, Para graph I of the Constitution and the general laws of this State, shall take office. The county school superintendent taking office on January 1,
1977, shall be elected at a special election to be called by the county elec tion superintendent and held on a date prior to January 1, 1977, which will allow the elected county school superintendent to take office on January 1, 1977. The county school superintendent so elected shall serve a term ending on December 31, 1980. At the general election in 1980, and every four years thereafter, a county school superintendent shall
be elected to a term of four years beginning on January 1 of the year following the election as provided in Article VIII, Section VI, Paragraph I of the Constitution and the general laws of this State.

Section 3. An Act creating a new Board of Education of Newton County, approved March 13, 1967 (Ga. Laws 1967, p. 2405), as amended by an Act approved April 1, 1971 (Ga. Laws 1971, p. 2881), is hereby repealed in its entirety. The County Board of Education and the County School Superintendent of Newton County shall be subject to the pro visions of and function in accordance with the provisions of Article VIII, Section V, Paragraph I, and Article VIII, Section VI, Paragraph I of the Constitution and the general laws of this State.

Section 4. Subject to the approval of this Act as provided in Sec tion 5, Section 3 of this Act shall become effective on January 1, 1977. The current County Board of Education of Newton County and the County School Superintendent of Newton County shall continue in office until January 1, 1977. Sections 1, 2 and 4 of this Act shall become effec tive upon approval of this Act as provided in Section 5. The members of the reconstituted County Board of Education of Newton County and County School Superintendent of Newton County shall take office on January 1, 1977. Section 5 of this Act shall become effective upon the approval of this Act by the Governor or upon its otherwise becoming law without his approval.

MONDAY, MARCH 24, 1975

3729

Section 5. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise be comes law, it shall be the duty of the election superintendent of Newton County to issue the call for an election for the purpose of submitting this Act to the electors of Newton County for approval or rejection. The superintendent shall set the date of such election for September 10, 1975. The superintendent 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 Newton County. The ballot shall have written or printed thereon the words:

"( ) YES Shall the Act providing for the appointment of a five-member County Board of Education of New-
( ) NO ton County, providing for the election of the County School Superintendent of Newton County, and repealing the existing local law relative to the County Board of Education and the County School Superintendent of Newton County be ap proved?"
All persons desiring to vote for approval 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 as pro vided in Section 4, otherwise it shall be void and of no force and effect.

The expense of such election shall be borne by Newton County. It shall be the duty of the superintendent to hold and conduct such elec tion. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Sigman of the 74th moved that the House agree to the Senate substitute to HB 625.

On the motion, the ayes were 103, nays 0.

The motion prevailed and the Senate substitute to HB 625 was agreed to.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 282. By Senators Gillis of the 20th, McGill of the 24th, Lewis of the 21st and others:
A Bill to create an Advisory Board of the College of Veterinary Medicine of the University of Georgia; to provide for the membership of the Board; and for other purposes.

3730

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

The Committee on University System of Georgia moves to amend SB 282 as follows:

By inserting in line 16 on page 2 between the word and comma "Medicine," and the word "and" the following:

"but not on the acceptance of an individual applicant,".

The following amendment was read:
Representative Russell of the 64th moves to amend SB 282 as follows:
By striking on line 15 of page 2 the words: "Admissions Board of the".

On the adoption of the amendment, the ayes were 36, nays 64.

The amendment was lost.

The following amendments were read and adopted:
Representative Russell of the 64th moves to amend SB 282 as follows:
By striking from lines 8 through 13 of page 2 the following:
"Each member of the Board shall be entitled to receive the sum of $25.00 for each meeting of the Board attended by him, not to exceed ten meetings during any one calendar year, and shall be reimbursed for travel expenses incurred in attending meetings of the Board at the rate of 10<' per mile.".
Representative Larsen of the 119th moves to amend SB 282 by striking Section 4 and renumbering Section 5 as Section 4 and by striking lines 8 through 13 of Section 1.

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:

MONDAY, MARCH 24, 1975

3731

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Banks Bargeron Battle Baugh Beck Beckham Berry Bolster Bowman Bray Buck Carnes Carr Carter Castleberry Childers Clark, Betty Clark, L. Clifton Cole Coleman Collins Connell Cooper Cox Culpepper Davis Dean Dent Dixon Dover
Edwards, C. W.
Edwards, W.
Egan
Evans, W. D.
Foster, P. W.

Foster, R. L. Fraser Gammage Gignilliat Glanton Glover Greer Ham Harden Harris, J. G. Harris, J. F. Harrison Hatcher Hays Hill, B. L. Holmes Howell Hudson Hutchinson Irvin, J. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Karrh Keyton Kilgore Kreeger Lane, Dick Lane, W. J. Larsen, W. W. Lee Leggett Leonard
Logan
Long
Mann
Marcus
Matthews, D. R.

McCollum Milford Mostiler Mullinax Nessmith Nix Noble Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Phillips, L. L. Phillips, W. R. Rainey Ray Reaves Ross Rush Shanahan Sheats Sizemore Smith, J. R. Smith, V. B. Smyre Snow Sweat Tolbert Triplett Tucker Vaughn Waddle Walker Watson West
White
Whitmire
Wilson
Wood

Those voting in the negative were Representatives:

Calhoun Childs Crawford Daugherty Hamilton Harris, B. B. Hawkins

Hill, G. Irvin, R. King Larsen, G. K. Linder Lucas McDonald

Owens Phillips, R. T. Russell, J. Russell, W. B. Thompson Wall

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JOURNAL OF THE HOUSE,

Those not voting were Representatives:

Blackshear Brown Burruss Burton Carlisle Carrell Chance Colwell Elliott Evans, B. Felton Horton Howard

Jordan Knight Lambert Matthews, C. McKinney Miles Peters Petro Pinkston Randall Richardson Sams Scott

Sigman Stone Taggart Thomason Toles Townsend Twiggs Ware Wheeler Williams Williamson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 122, nays 20.

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

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 237. By Representatives Castleberry of the lllth, Adams of the 14th, Carrell of the 75th and others:
A Bill to provide that notwithstanding any law, rule or regulation to the contrary, any employee of State government shall be authorized to run for and hold office in any government of any municipality having a population of 1,500 persons or less.

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

HB 381. By Representatives Matthews of the 145th, Patten and Carter of the 146th, and Sizemore of 136th:
A Bill to amend an Act creating the Georgia Agrirama Development Authority so as to exempt the Authority from certain taxes.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:

MONDAY, MARCH 24, 1975

3733

HB 973. By Representative Walker of the 115th:
A Bill to amend Code Section 53-202 relating to the application for a marriage license and the three-day waiting period, so as to change the provisions relative to the three-day waiting period; and for other pur poses.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Section 53-206, relating to proof of majority for the issuance of a marriage license, as amended, particularly by an Act approved March 10, 1972 (Ga. Laws 1972, p. 193), so as to provide that a driver's license may be used as proof of age; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 53-206, relating to proof of majority for the issuance of a marriage license, as amended, particularly by an Act approved March 10, 1972 (Ga. Laws 1972, p. 193), is hereby amended by striking from said Code Section the following:
"birth certificates,",
and inserting in lieu thereof the following:
"birth certificates, driver's licenses",
so that when so amended Code Section 53'-206 shall read as follows:
"53-206. When the applicant claims that the parties have reached the age of majority, the judge of the probate court to whom the application is made shall satisfy himself that the applicant's contention as to their ages is true. If the judge of the probate court does not know of his own knowledge that both parties for whom a marriage license is sought have reached the age of majority, he shall require the applicants to furnish birth certificates, driver's licenses or baptismal certificates. In cases where the male applicant has not yet reached the age of majority and in cases where the female applicant has not yet reached her 16th birthday, in addition to parental consent, the underage applicant or applicants must submit evidence in the form of a physician's certificate that the female is pregnant or that both applicants are the parents of a living child born out of wedlock in which case the parties may be issued a marriage license immediately. Applicants who have satisfactorily proved that they have reached the age of majority may be issued a marriage license immediately. Physician's certificate shall include

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JOURNAL OF THE HOUSE,

only those certificates signed by physicians licensed under Code Chapters 84-9 or 84-12."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Walker of the 115th moved that the House agree to the Senate substitute to HB 973.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, Marvin Alexander Banks Bargeron Battle Baugh Beck Bteckham Berry Bolster Bray Brown Buck Burruss Burton Calhoun Games Carr Carrell Carter Castleberry Childers Clark, Betty Clark,L. Clifton Cole Colliins Colwell Connell Cooper Cox Crawford Daugherty Davis Dean Dent Dixon Dover

Edwards, C. W. Edwards, W. Egan
Evans, W. D. Felton
Foster, P. W. Foster, R. L. Gammagie Gignilliat Greer Ham Hamilton Harden Harris, J. G. Harris, J. F. Harrison Hatcher Hawkins Bays Hill, G. Holmes Hudson Hutchinson Irvin, J. Irwin Jackson Johnson, R. Johnson, W. R.
Jones Jordan Karrh Keyton, Kilgore King Kreeger Lane, Dick Lane, W. J. Larsen, G. K.
Larsen, W. W.

Lee Leggett Linder Long Lucas
Mann McCollum McDonald Milford Mostiter Nessmith Nix Noble Owens Oxford Parrish Patten, G. C. Patten, R. L. Phillips, L. L. Rainey Randall
Ray Reaves Richardson Rush Russell, J. Russell, W. B.
Sams Shanahan
Sheats Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat
Taggart Thompson

Tolbert Triplett Tucker Twiggs Vaughn

MONDAY, MARCH 24, 1975

3735

Waddle Walker Watson West

White Whitmire Wilson Wood

Those voting in the negative were Representatives:

Bowman Harris, B. B.

Leonard Phillips, R. T.

Wall

Those not voting were Representatives:

Adams, John Bailey Blackshear Carlisle Chance Childs Coleman Culpepper Elliott Evans, B. Fraser Glanton Glover Hill, B. L. Horton

Howard Howell Irvin, R.
Jessup Knight Lambert Logan Marcus Matthews, C. Matthews, D. R. McKinney Miles Mullinax Parham Parkman

Peters Petro Phillips, W. R. Pinkston Ross Scott Si gin an Thomason Toles Townsend Ware Wheeler Williams Williamson Mr. Speaker

On the motion, the ayes were 130, nays 5.

The motion prevailed and the Senate substitute to HB 973 was agreed to.

HB 1134. By Representatives Colwell and Twiggs of the 4th:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues of Pannin County so as to change the provisions relative to the powers and duties of the Board of Commissioners of Fannin County; and for other purposes.

The following Senate amendment was read:
The Senate moves to amend House Bill 1134 as follows:
By adding a new sentence following the figure and period "$500.00." where it appears in line 4 on page 7 to read as follows:
"The limitation of $500.00 provided for herein shall apply to the sales price of the goods or services purchased, and the Chairman shall not use any purchasing device, technique or method which

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JOURNAL OF THE HOUSE,

would result in an aggregate cost exceeding the said $500i.OO limita tion."

By striking the period following the word, "accepted" where it appears in line 3 on page 10 and inserting in lieu thereof the following:

", unless all bids are rejected and the property is removed from sale or is readvertised for competitive bidding in the manner pro vided for herein."

The following amendment to the Senate amendment was read and adopted:
Representatives Colwell and Twiggs of the 4th move to amend HB 1134 as follows:
By striking the last two sentences of quoted Section 12 of Section 2, which read as follows:
"Such appointments or removal shall be subject to approval by the Commission in the case of the County Attorney. The fixing of compensation shall in every case be subject to approval by the Commission.",
in their entirety.

Representative 'Colwell of the 4th moved that the House agree to the Senate amendment to HB 1134, as amended by the House.

On the motion, the ayes were 103, nays 0.

The motion prevailed and the Senate amendment to HB 1134 was agreed to, as amended by the House.

HB 1024. By Representatives Lucas of the 102nd, Randall of the 101st, Bowman of the 103rd and others:
A Bill to amend an Act to reenact the charter of the City of Macon so as to provide for the election of aldermen from districts; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend 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

MONDAY, MARCH 24, 1975

3737

in said Acts, approved August 3, 1927 (Ga. Laws 1927, p. 1283), as amended, particularly by an Act approved March 17, 1967 (Ga. Laws 1967, p. 2180), an Act approved March 21, 1968 (Ga. Laws 1968, p. 2795), and an Act approved February 21, 1974 (Ga. Laws 1974, p. 2051), so as to provide for the election of aldermen from districts; to designate the boundaries of such election districts; to require equal representation for such districts; to provide for selection of a president of the council and a president pro tempore of the council; to provide for requirements of residency; to provide for appointments of aldermen to committees; to repeal a specific Section of a specific amendatory Act relating to power to prescribe ward limits; to provide for legislative intent; to provide for other matters relevant thereto; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. 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, approved August 3, 1927 (Ga. Laws 1927, p. 1283), as amended, par ticularly by an Act approved March 17, 1967 (Ga. Laws 1967, p. 2180), an Act approved March 21, 1968 (Ga. Laws 1968, p. 2795), and an Act approved February 21, 1974 (Ga. Laws 1974, p. 2051), is hereby amended by striking Section 4 thereof in its entirety and substituting a new Section 4, to read as follows:
"Section 4. Election of aldermen from districts; power to pre scribe number of aldermen.-- (a) The aldermen of the City of Macon shall be elected from five election districts as such districts are provided for in subsection (b).
(b) The limits of the several election districts for the City of Macon shall be as established from time to time by the council; provided, that such election districts shall be drawn in such a man ner as to contain approximately the same population so as to insure proportionate representation; and provided further, that should the council fail to initially establish the limits of such election districts prior to June 15, 1975, or should an objection be interposed to the districts initially established by the council pursuant to the authority of Section 5 of the Voting Rights Act of 1965, 42 USC 1973c. and such objections are not satisfied and such election districts; are not approved prior to June 15, 1975, then the several election districts of the City of Macon shall be as defined in subsection (c).
(c) Except as otherwise provided in subsection (b), the several election districts for the City of Macon shall include all territory lying within the following described tracts:
District 1.
Bibb
Macon CCD 20 Tract 102 ED's 63 and 64

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Tract 110 Except ED 164
Tracts 111 and 112 Tract 113
Except ED 182 Tract 117
Except ED 163 Tract 119 Tract 133
ED 16
Jones
Gray-Griswold CCD 7 Tract 301 ED 7 ED 13 that portion within the corporation limits of Macon.

District 2.
Bibb
Macon CCD 20 Tract 126 ED's 148, 149 and 150 Tracts 128 Except Blocks 101, 105, 110, 111 and 112 Tract 129 Tract 130 ED's 140 and 141 Tract 131 ED's 155, 156, 157,158, 159 and 160 Tract 132 ED's 151, 152, 153A, 153B and 154.

District 3.
Bibb
Macon CCD 20 Tract 101 Tract 102 ED 65 Tract 103 ED's 99, 100 and 101 Tract 104 ED's 105 and 106 Tracts 105, 106, 107, 108, 109 and 114 Tract 115 Blocks 315 through 322 Tract 116 ED 46.

MONDAY, MARCH 24, 1975

3739

District 4.
Bibb
Macon CCD 20 Tract 104 ED's 107, 108, 109 and 110 Tract 115 Except Blocks 315 through 322 Tract 116 ED's 47, 48, 49 and 50 Tract 123 ED's 97 and 98 Tract 125 ED's 102, 103 and 104 Tract 126 ED's 145, 146 and 147 Tract 127 Tract 128 Blocks 101, 105, 110, 111 and 112.

District 6.
Bibb
Macon CCD 20 Tract 118 Tract 120 Except ED 165 Tract 121 ED's 80, 81, 82, 83, 84, 85 and that portion of ED 167 incorporated into the city limits of Macon. Tract 122 ED's 87, 88 and 89 Tract 123 ED's 94, 95 and 96 Tract 124 ED's 90, 91, 92 and 93 Tract 134 ED 86.

(d) Each election district shall be represented by three alder men, each of whom shall reside in the election district he represents. Two aldermen from each election district shall be elected by the qualified electors of the City of Macon residing in the election district. One alderman from each election district shall be elected by the qualified electors of the City of Macon.

(e) Each election district shall be composed of three posts, two of which shall be designated as posts to be filled by the qualified electors living within the election district and one of which shall be filled by the electors of the City of Macon. At the time for qualifying each candidate shall designate the post to which he seeks election."

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JOURNAL OF THE HOUSE,

Section 2. Said Act is further amended by striking Section 4A in its entirety, and substituting in lieu thereof a new Section 4A, to read as follows:

"Section 4A. (a) The legislative power of the City of Macon shall be vested in the council.

(b) The council shall select a president of the council from the five aldermen elected at large by the qualified electors of the City of Macon. In the event that a vacancy shall occur in the office of Mayor of the City of Macon, the president of the council shall suc ceed to the office of mayor until the next general election as set forth by the laws of the State of Georgia and there shall be no special election called to fill the vacancy. The president of the council shall preside at all meetings of the council, and he shall have all the rights, privileges and responsibilities of the other members of the council, including but not limited to the right to vote. The president of the council may be removed before the ex piration of his term by a vote of two-thirds of the council.

(c) The council shall likewise select a president pro tempore of the council from the five aldermen elected at large by the qualified voters of the City of Macon who, in the event the president of the council succeeds to the office of mayor, shall have the same powers as hereinbefore provided. He shall preside as president of the council while the original president of the council is unable to serve for any reason or is serving as mayor. The president pro tempore may be removed before the expiration of his term by a vote of two-thirds of the council.

(d) The president and president pro tempore of the council may receive a compensation in addition to that provided for alder men, to be determined within the discretion of the council.

(e) All appointments of aldermen to the committees of the council shall be made by a majority vote of a committee on com mittees consisting of the mayor, the president of the council and the president pro tempore of the council."

Section 3. Said Act is further amended by adding a new Section after Section 4A, to be designated Section 4B, to read as follows:

"Section 4B. Any other provisions of this charter to the con trary notwithstanding, each alderman elected in the municipal elec tion held in November, 1975, shall be required to have resided in the election district he represents only on the day of his qualification and thereafter during his term of office. At each municipal election held thereafter the aldermen shall meet such requirements of residency as may otherwise be provided for by law."

Section 4. The first aldermen elected under the provisions of this Act shall be elected in the municipal election held in November, 1975. All aldermen in office on the effective date of this Act shall continue

MONDAY, MARCH 24, 1975

3741

in office until the second Tuesday in December, 1975, and until their successors are elected and qualified.
Section 5. Section 1 of an Act to amend an Act entitled "An Act to reenact the charter of the City of Macon contained in the Act approved August 17th, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts", approved March 17, 1967 (Ga. Laws 1967, p. 2180), is hereby repealed in its entirety.
Section 6. In the event an objection to the apportionment of the City of Macon, as set forth in subsection (c) of Section 4 of the Charter of the City of Macon as such Section is amended by this Act, is interposed pursuant to the authority of Section 5 of the Voting Rights Act of 1965, 42 USC 1973c., then this Act shall be automatically repealed and shall be null, void and of no force and effect, and the provisions of the charter of the City of Macon, as such provisions existed prior to the enactment of this amendment, shall control the designation of wards, numbers of aldermen and other matters provided for in this Act relative to the City of Macon.
Section 7. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby 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 8. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Evans of the 99th moved that the House agree to the Senate substitute to HB 1024.

On the motion, the ayes were 103, nays 0.

The motion prevailed and the Senate substitute to HB 1024 was agreed to.

HB 1198. By Representatives Evans of the 99th, Banks of the 104th, Bowman of the 103rd and others:
A Bill to amend an Act creating the Middle Georgia Coliseum Authority so as to increase the amount of revenue bonds which the Authority is empowered to issue; and for other purposes.

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The following Senate amendment was read:

The Senate moves to amend HB 1198 as follows:

By renumbering Sections 4 and 5 as Sections 5 and 6.

And, by inserting following Section 3 a new Section 4 to read as follows:

"Section 4. Upon the issuance of the additional revenue bonds authorized by the provisions of this Act, no further revenue bonds shall be issued by the Authority unless specific authority therefor shall be provided by the General Assembly."

Representative Evans of the 99th moved that the House agree to the Senate amendment to HB 1198.

On the motion, the ayes were 103, nays 0.

The motion prevailed and the Senate amendment to HB 1198 was agreed to.

HB 952. By Representatives Bailey, Johnson, West and Lee of the 72nd:
A Bill to create a new charter for the City of Lovejoy in the County of Clay ton; and for other purposes.

The following Senate amendment was read:
The Senate moves to amend House Bill 952 as follows:
By striking Section 102 in its entirety and inserting in lieu thereof a new Section 102, to read as follows:
"Section 102. Corporate Boundaries. The corporate limits of the City of Lovejoy shall include all of the territory within the following described boundaries:
All that tract or parcel of land lying and being in Land Lots 132, 133, 156, 157, 158, 164 and 165 of the 6th District of Clayton County, Georgia, except all that tract or parcel of land lying and being in Land Lots 156 and 165 of the 6th District of Clayton County, Georgia, being 118.51346 acres according to a survey for Clayton County by John E. Chapman, Jr., Surveyor, dated January 29, 1975, and being more particularly described as follows:
BEGINNING at the Northeast corner of Land Lot 156; thence North 88 degrees 43 minutes 57 seconds West 1464.58 feet to an iron pin; thence South 0 degrees 44 minutes 29 seconds West 2880.26

MONDAY, MARCH 24, 1975

3743

feet to an iron pin on the South line of Land Lot 156; thence South 0 degrees 51 minutes 36 seconds Kast 561.6 feet to a point on the Northeasterly side of State Highway No. 3; thence Southeasterly along the Northeasterly side of said Highway 1406.20 feet to a point on the East line of Land Lot 165; thence North 0 degrees 55 minutes 49 seconds East along the East line of Land Lots 165 and 156 a distance of 3637.62 feet to the point of BEGINNING.

Notwithstanding any other provisions of this Charter to the contrary, the following described property is specifically included and shall be a part of the corporate limits of the City of Love joy:

All that tract or parcel of land lying and being in Land Lot 165 of the 6th District of Clayton County, Georgia, and being more particularly described as follows:

BEGINNING at a point on the North right of way line of State Route Highway Number 3 where the same intersects with the East land lot line of land lot Number 165 of the 6th district of Clayton County, Georgia; thence running Northerly along the Henry-Clayton County Line a distance of 692 feet thence running North 88 degrees 14 minutes and 19 seconds West 1,464 feet; thence South 0 degrees 51 minutes 36 seconds East 561.6 feet to the North right of way line of State Highway Number 3; thence running along at North right of way line of State Highway Number 3 1,462.19 feet more or less to the point of BEGINNING."

Representative Bailey of the 72nd moved that the House agree to the Senate amendment to HB 952.

On the motion, the ayes were 103, nays 0.

The motion prevailed and the Senate amendment to HB 952 was agreed to.

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

HR 276-1073. By Reps. Hill of the 41st and Lane of the 40th:
A Resolution proposing an amendment to the Constitution so as to create the East Point Business and Industrial Development Authority.

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JOURNAL OF THE HOUSE,

HR 349-1192. By Reps. Parrish of the 97th, Thompson of the 93rd, Berry of the 94th, and others:
A Resolution proposing an amendment to the Constitution so as to encourage and enhance overall economic development, increase employ ment, promote industry and commerce, provide incentives for the location of new (or the expansion of existing) manufacturing, process ing, storage or transshipment facilities by authorizing the governing authority of Columbus-Muscogee County or any municipal corporation within Muscogee County to provide for the exemption from all ad valoren taxation.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 540. By Reps. Snow of the 1st, Walker of the 115th, Sams of the 90th, and others:
A Bill to amend an Act known as the "Georgia Records Act", approved April 7, 1972, so as to provide for definitions of certain terms; to create a State Records Committee; to provide for membership, meetings, powers and duties of the Committee; to provide for officers and quorums; to provide for an appeal process to the Committee; to provide for duties of the Department of Archives and History.

Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the Senate were taken up for consideration and read the third time:
SB 125. By Senators Duncan of the 30th, Riley of the 1st, Broun of the 46th and others: A Bill to amend Code Section 57-101, relating to the legal rate of interest allowable by contract; to authorize a lender to charge a service fee on any loan in addition to interest; to provide an effective date; and for other purposes.
A floor substitute, offered by Representative Edwards of the 20th, was read and withdrawn by unanimous consent.
Representative Hill of the 41st moved that SB 125 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 Representatives:

Carter Childers Childs

Clifton Crawford Foster, P. W.

Fraser Ham Hawkins

MONDAY, MARCH 24, 1975

3745

Hill, G. Irwin Karrh Leonard

McDonald Noble Russell, W. B. Sizemore

Thomason Wall White

Those voting in the negative were Representatives

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Banks Bargeron Battle Baugh Beck Beckham Berry Bolster Bowman Bray Brown Buck Burruss Burton Calhoun Carlisle
Carnes Carr Ca'stleberry Chance Clark, Betty Clark, L. Cole Collins Colwell Connell Cooper Culpepper Daugherty
Davis Dean Dixon Dover Edwards, W. Evans, B. Evans, W. D. Felton

Foster, R. L. Gammage
Gignilliat Glanton Glover Greer Hamilton Harden Harris, B. B. Harris, J. G. Harrison Hatcher Hays Holmes Horton Howard Howell Hudson Irvin, J. Irvin, R. Jackson Jessup Johnson, R. Johnson, W. R.
Jones Keyton Kilgore King Kreeger Lambert Lane, Dick Lane, W. J. Lee Leggett Linder Logan Long Lucas Mann Matthews, D. R. McKinney Miles

Milford Mostiler Nix Oxford Parham Parkman Parrish Patten, G. C. Peters Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Randall Ray Reaves Richardson Ross Rush Russell, J. Sams Shanahan Sheats Smith, V. B. Smyre Stone Sweat Taggart Thompson Tolbert Triplett Tucker Vaughn Waddle Walker Watson West Whitmire Williamson Wilson Wood

Those not voting were Representatives:

Blackshear Carrell Coleman

Cox Dent Edwards, C. W.

Egan Elliott Harris, J. F.

3746
Hill, B. L. Hutchinson Jordan Knight Larsen, G. K. Larsen, W. W. Marcus Matthews, C. McCollum

JOURNAL OF THE HOUSE,

Mullinax

Nessmith

Owens

Patten, R. L.

Rainey

.

Scott

Sigman

Smith, J. R.

Snow Toles Townsend Twiggs Ware Wheeler Williams Mr. Speaker

On the motion, the ayes were 20, nays 126.

The motion was lost.

Representative Nessmith of the 82nd stated that he had been called from the floor of the House when the roll call was ordered on the motion to table SB 125. He wished to be recorded as voting "nay" on the motion.

The following floor substitute, offered by Representative Johnson of the 72nd, was read:
A BILL
To be entitled an Act to amend Code Section 57-101, relating to the legal rate of interest, so as to change the legal rate of -interest allowable by contract; to amend Code Chapter 67-13, relating to con veyances to secure debt, as amended, so as to provide for certain limitations relative to deeds to secure debt on real property; to provide for certain exemptions; to provide for other matters relative thereto; to provide for severability; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 57-101, relating to the legal rate of interest, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 57-101, to read as follows:
"57-101. Legal rate of interest; rate higher than nine per centum forbidden.--The legal rate of interest shall be seven per centum per annum, where the rate per centum is not named in the contract, and any higher rate must be specified in writing, but in no event shall any person, company, or corporation reserve, charge, or take for any loan or advance of money, or forbearance to enforce the collection of any sum of money, any rate of interest greater than ' nine per centum per annum, either directly or indirectly by way of commission for advances, discount, exchange, or by any contract or contrivance or device whatever."

MONDAY, MARCH 24, 1975

3747

Section 2. Code Chapter 67-13, relating to conveyances to secure debt, as amended, is hereby amended by adding a new Code Section be tween Code Section 67-1301 and Code Section 67-1302 to be designated Code Section 67-1301.1 and to read as follows:
"67-1301.1 Requirements relative to deeds to secure debt.-- When the grantor of a deed to secure debt on real property sells or transfers the real property securing such debt to a third party, then such sale or transfer, in the absence of default on the part of the grantor, shall not: (1) authorize the acceleration of maturity of the obligation of the grantor under the deed to secure debt; or (2) authorize the escalation of interest or any other changes in the terms, conditions or requirements of the obligation of the grantor under the deed to secure debt. The provisions of any deed to secure debt executed after July 1, 1975, which are in violation of this Section are hereby declared to be against the public policy of this State and shall be null, void and unenforceable, provided, however, nothing in this Section shall be construed to ratify or confirm any deed to secure debt executed prior to July 1, 1975, if, at the time of its execution, such deed to secure debt were in violation of the heretofore existing laws of Georgia. Provided, that the provisions of this Section shall not apply to any transaction, loan or obligation under which the principal balance to be repaid is $100,000.00 or more, or to any series of advances of money pursuant to a loan agreement or undertaking if the total balance to be repaid thereunder shall originally be $100,000.00 or more, or to any exten sion or renewal thereof. Provided further that the provisions of this Section shall not apply to loans to any foreign or domestic corpo ration, partnership, limited partnership, business trust or other commercial entity organized for pecuniary gain, nor to any loans made to any other person or entity for commercial purposes. 'Com mercial purposes' as used herein means for use in the conduct of a business or profession, and not for personal, family, or household purposes. Nothing in this Act shall be construed as prohibiting the holder of Deed to Secure Debt or the servicing agent from charging a transfer fee, on such loan transfer, provided said transfer fee does not exceed one-half of one percent of the oustanding balance or $75.00, whichever is less."
Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

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JOURNAL OF THE HOUSE,

An amendment, offered by Representative Ham of the 80th, was read and lost.

The following amendment was read:
Representative Russell of the 43rd moves to amend the Johnson floor substitute to SB 125 by striking Section 1 in its entirety and renumber ing other Sections and changing 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 Representatives:

Adams, G. D. Alexander Bolster Carrell Carter Childers Childs Collins Crawford Daugherty Dixon Dover Glover Ham Hamilton

Harrison Hawkins Hill, G. Hplmes Hudson Hutchinson Irwin Karrh King Kreeger Lane, Dick Larsen, W. W. Leonard Logan McDonald

Mostiler Oxford Phillips, L. L. Phillips, W. R. Reaves Richardson Rush Russell, J. Russell, W. B. Sizemore Sweat Tolbert Wall Wilson

Those voting in the negative were Representatives:

Adams, Marvin Bailey Banks Bargeron Battle Baugh Beck Bowman Bray Burton Calhoun Carnes Carr Chance Clark, Betty Clark, L. Colwell Connell Cooper Da vis

Dean Edwards, C. W. Edwards, W. Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glanton Greer Harden Harris, J. G. Harris, J. F. Hatcher Horton Irvin, J. Irvin, R.

Jackson Jessup Johnson, R. Johnson, W. R. Jones Keyton Kilgore Lambert Lane, W. J. Lee Leggett Linder Lucas Mann Marcus Matthews, D. R. McKinney Miles Milford Nessmith

Nix Noble Parham Patten, G. C. Peters Petro Phillips, R. T. Pinkston Rainey Randall Ray

MONDAY, MARCH 24, 1975

3749

Ross Sams Shanahan Sheats Smith, V. B. Smyre Stone Taggart Thomason Thompson

Triplett Tucker Vaughn Waddle Walker Watson West Whitmire Williamson Wood

Those not voting were Representatives:

Adams, John Beckham Berry Blackshear Brown Buck Burruss Carlisle Castleberry Clifton Cole Coleman Cox Culpepper Dent

Egan Elliott Harris, B. B. Hays Hill, B. L. Howard Howell Jordan Knight Larsen, G. K. Long Matthews, C. McCollum Mullinax Owens

Parkman Parrish Patten, R. L. Scott Sigman Smith, J. R. Snow Toles Townsend Twiggs Ware Wheeler White Williams Mr. Speaker

On the adoption of the amendment, the ayes were 44, nays 91.

The amendment was lost.

The following amendment was read:
Representative Larsen of the 119th moves to amend the Johnson floor substitute to SB 125 as follows:
by striking therefrom the colon on line 11, page 2, and all of said line thereafter, by striking all of line 12, page 2, by striking all except the last 4 words of line 13, page 2,
And by inserting ": (a) "after the word "exceed" and before the hyphenated word "one-half" on line 10, page 3
And by deleting the period on line 12, page 3, and adding in lieu thereof the following, to wit:
"on transfers wherein the grantor is not released from liability for the payment of the obligation; or (b) one per cent of the out-

3750

JOURNAL OF THE HOUSE,

standing balance on transfers wherein the grantor is released from liability for the payment of the obligation."

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

Those voting in the affirmative were Representatives:

Adams, G. D. Bargeron Baugh Beck Beckham Bolster Bowman Carr Carter Childers Childs Clark, L. Cole Collins Crawford Culpepper Davis Dean Dixon Dover Edwards, C. W. Edwards, W. Egan

Evans, W. D. Felton Foster, P. W. Foster, R. L. Gammage Glanton Glover Greer Ham Harris, B. B. Harris, J. G. Hawkins Horton Hudson Irwin Jessup Johnson, R.
Karrh Kilgore Lane, Dick Lane, W. J. Larsen, W. W.

Linder Mann Matthews, D. R. McDonald Nessmith Parham Parrish Patten, G. C. Petro Phillips, R. T. Phillips, W. R. Richardson Ross Rush Shanahan Sizemore
Smyre Stone Sweat Tolbert Waddle Walker

Those voting in the negative were Representatives

Alexander Bailey Banks Battle Bray Brown Burruss Burton Carlisle Carnes Castleberry Chance Clark, Betty Clifton Connell Cooper Daugherty Evans, B. Fraser

Gignilliat Hamilton Harden Harrison Hays Hill, G. Holmes Howard Hutchinson Irvin, J. Irvin, R. Jackson Johnson, W. R. Jones Keyton King Kreeger Lambert Lee

Leggett Leonard Logan Long Lucas Marcus McKinney Miles Milford Mostiler Nix Noble Owens Oxford Parkman Peters Phillips, L. L. Pinkston Rainey

Randall Ray Reaves Russell, J. Russell, W. B. Sheats Smith, V. B.

MONDAY, MARCH 24, 1975

3751

Taggart Triplett Tucker Vaughn Wall Watson

West White Whitmire Williamson Wilson Wood

Those not voting were Representatives:

Adams, John Adams, Marvin Berry Blackshear Buck Calhoun Carrell Coleman Colwell Cox Dent Elliott Harris, J. F.

Hatcher Hill, B. L. Howell Jordan Knight Larsen, G. K. Matthews, C. McCollum Mullinax Patten, R. L. Sams Scott

Sigman Smith, J. R. Snow Thomason Thompson Toles Townsend Twiggs Ware Wheeler Williams Mr. Speaker

On the adoption of the amendment, the ayes were 67, nays 76.

The amendment was lost.

On the adoption of the Johnson floor substitute to SB 125, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, Marvin Alexander Bailey Banks Bargeron Beckham Berry Bolster Bray Burton Calhoun Carlisle Carnes Castleberry Childs Colwell
Cooper Culpepper

Daugherty
Davis Dent Dixon Dover Evans, B. Felton Glanton Glover Greer Hamilton Harden Harris, B. B. Harris, J. F. Harrison
Hays Hill, G. Holmes

Howell Irvin, J. Irvin, R. Jessup Johnson, R. Johnson, W. R. Keyton Kilgore King Kreeger Lee Leggett Leonard Long Matthews Mostiler Mullinax Nessmith

3752
Nix Owens Oxford Patten, G. C. Phillips, L. L. Pinkston Randall Ray Reaves

JOURNAL OP THE HOUSE,

Richardson Ross Russell, W. B. Shanahan Smith, V. B. Stone Sweat Thompson Tolbert

Tucker Twiggs Vaughn Walker Watson West Williamson Wilson

Those voting in the negative were Representatives:

Adams, G. D. Adams, John Battle Baugh Beck Bowman Buck Carr Carter Chance Childers Clark, Betty Clark, L. Clifton Cole Coleman Collins Connell Dean Edwards, C. W. Edwards, W. Egan Evans, W. D. Poster, P. W. Foster, R. L.

Fraser Gammage Gignilliat Ham Harris, J. G. Hawkins Horton Howard Hudson Hutchinson Irwin Jackson Jones Karrh Lambert Lane, Dick Lane, W. J. Larsen, W. W. Linder Logan Lucas Mann Marcus McKinney

Miles Milford Noble Parham Parkman Parrish Peters Petro Phillips, R. T. Phillips, W. R.
Rainey Rush Russell, J. Sams Sheats Sizemore Smyre Taggart Triplett Waddle Wall White Whitmire Wood

Those not voting were Representatives:

Blackshear Brown Burruss Carrell Cox Crawford Elliott Hatcher Hill, B. L.

Jordan Knight Larsen, G. K. Matthews, C. McCollum McDonald Patten, R. L. Scott Sigman

Smith, J. R. Snow Thomason Toles Townsend
Ware Wheeler Williams Mr. Speaker

On the adoption of the Johnson floor substitute, the ayes were 80, nays 73.

The floor substitute was adopted.

MONDAY, MARCH 24, 1975

3753

The following amendment was read and withdrawn by unanimous consent:

The Committee on Banks and Banking moves to amend SB 125 as follows:

By striking from the title (page 1, lines 3 and 4), the following:

"to authorize a lender to charge a service fee on any loan in addition to interest;".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, by floor 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 Representatives:

Adams, John Adams, Marvin Alexander Bailey Banks Bargeron Battle Baugh Beck Beckham Berry Bolster Bray Brown Buck Burruss Burton Calhoun Carlisle Carnes Castleberry Chance Childers Childs Clark, Betty Clark, L. Cole Colwell Connell Cooper Culpepper Davis Dean Dent

Dixon Dover Edwards, W. Evans, B. Evans, W. D. Foster, R. L. Gammage Gignilliat Greer Harden Harris, B. B. Harris, J. G. Harrison Hays Hill, G. Holmes Horton Howell Hutchinson Irvin, J. Irvin, R. Jackson Johnson, W. R. Jones Keyton Kilgore King Kreeger Lambert Lane, W. J. Lee Leggett Leonard Linder

Long Lucas Mann Marcus Matthews, D. R. McKinney Miles Milford Mostiler Mullinax Nessmith
Nix Noble Owens Oxford Patten, G. C. Peters Phillips, L. L. Phillips, R. T. Pinkston
Rainey Randall
Ray Reaves Ross Rush Shanahan Sheats Smith, V. B.
Smyre Snow Stone Sweat Taggart

3754
Thompson Tolbert Triplett Tucker

JOURNAL OF THE HOUSE,

Walker Watson West White

Whitmire Williamson Wilson Wood

Those voting in the negative were Representatives:

Adams, G. D. Bowman Carr Carter Clifton Coleman Collins Crawford Daugherty Edwards, C. W. Egan Foster, P. W.

Fraser Glover Ham Hawkins Hill, B. L. Howard Hudson Irwin Jessup Karrh Lane, Dick Logan

McDonald Parrish Petro Phillips, W. R. Russell, J. Russell, W. B. Sams Sizemore Twiggs Vaughn Waddle Wall

Those not voting were Representatives:

Blackshear Carrell Cox Elliott Felton Glanton Hamilton Harris, J. F. Hatcher Johnson, R.

Jordan Knight Larsen, G. K. Larsen, W. W. Matthews, C. McCollum Parham Parkman Patten, R. L. Richardson

Scott Sigman Smith, J. R. Thomason Toles Townsend Ware Wheeler Williams Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 114, nays 36.

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

Representative Jordan of the 58th asked that the Journal record that he abstained from voting on SB 125 pursuant to the provisions of House Rule 195.

SR 96. By Senator Reynolds of the 48th:
A RESOLUTION
Proposing an amendment to the Constitution so as to amplify the areas of regulation of outdoor advertising and junk yards and the acqui sition of necessary property interests adjacent to the Federal-Aid High way System; to authorize the acquisition of property for the purpose of removing and regulating outdoor advertising and junk yards adjacent

MONDAY, MARCH 24, 1975

3755

to the Federal-Aid Highway System so as to avoid the loss of huge sums of money which would otherwise be available to the State from the United States of America as federal-aid highway assistance; to authorize zoning of property adjacent to the Federal-Aid Highway System; to authorize rules and regulations governing outdoor advertising and junk yards adjacent to the Federal-Aid Highway System; to authorize road side development, landscaping, the acquisition of property for and the construction of rest and recreational areas as part of the Federal-Aid Highway System; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article V, Section XI, Paragraph II of the Constitution is hereby amended by striking Paragraph II in its entirety and by sub stituting in lieu thereof a new Paragraph II to read as follows:

"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:
(1) the State of Georgia, acting by and through the Department of Transportation, is authorized to acquire any interests in property for the purpose of removing or requiring the removal of outdoor advertising and for the purpose of screening or removing or re quiring the removal or screening of junk yards adjacent to such roads, said acquisition to be in accordance with provisions of law and of this Constitution relating to the acquiring of private prop erty 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 junk yards and may provide for rules and regulations governing advertising and junk yards adjacent to such roads.

The General Assembly is authorized to provide for landscaping and roadside development within the rights-of-way of the FederalAid Highway Systems and for the acquisition of interests in and improvement of strips of land necessary for the restoration, preser vation, and enhancement of scenic beauty adjacent to such highways, including acquisition and development of publicly-owned and con trolled rest and recreation areas and sanitary and other facilities within or adjacent to the rights-of-way of the Federal-Aid Highway Systems."
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.

3756

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 amplify and provide for the regulation of outdoor advertising
( ) NO and junk yards and the acquisition of property neces sary to such regulation and for the establishment of roadside rest and recreation areas adjacent to the Federal-Aid Highway System?"

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

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

The following amendment was read and adopted:
Representative Burruss of the 21st moves to amend SR 96 by adding on line 7 of page 2 thereof and between the word "advertising" and "and" the following:
"adjacent to such roads";
and by striking from line 9 on page 2 thereof the words
"adjacent to"
and by inserting in lieu thereof in line 9 on page 2 the following:
"within 1000 feet of";
and by adding on line 19 of page 2 thereof between the word "devices" and "or" the following:
"adjacent to such roads";
and by adding on line 21 of page 2 thereof between the words "yards" and "and" the following:
"within 1000 feet of such roads".
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:

MONDAY, MARCH 24, 1975

3757

Those voting in the affirmative were Representatives:

Adams, John
Bailey Battle Baugh Beck
Berry Blackshear Bolster Bowman Brown Buck Burruss Burton Carnes Carr Carrell Chance Clark, Betty Clark, L. Cole Connell
Cooper Culpepper Davis Edwards, C. W. Edwards, W. Felton Foster, R. L. Fraser Gammage Gignilliat Glover

Harris, B. B. Harrison Hatcher Hawkins Hays Hill, B. L. Holmes Howard Howell Hudson Hutchinson Irwin Jackson Jessup Johnson, R. Johnson, W. R.
Jones Jordan Kilgore King Kreeger Lambert Larsen, W. W. Lee Leggett Leonard Linder Logan Mann Marcus Matthews, D. R. McCollum

Miles Milford Mullinax Nix Noble Parham Parkman Parrish Patten, G. C. Phillips, L. L. Phillips, R. T. Randall
Ray Richardson Rush Russell, J. Russell, W. B. Shanahan Smith, V. B. Smyre Snow Thompson Tolbert Townsend Triplett Vaughn Waddle Ware Whitmire Williamson Wilson Wood

Those voting in the negative were Representatives :

Adams, Marvin Banks Bargeron Beckham Bray Calhoun Carter Castleberry Childers Clifton Coleman Collins Dixon

Dover Evans, B. Evans, W. D. Foster, P. W.
Ham Harden
Irvin, J. Karrh Keyton Lane, W. J. Long Mostiler Nessmith

Owens Oxford Phillips, W. R.
Reaves Sizemore Sweat Thomason Tucker Twiggs Walker Wall Watson

Those not voting were Representatives:

Adams, G. D. Alexander Carlisle

Childs Colwell
Cox

Crawford Daugherty Dean

3758
Dent Egan Elliott Glanton Greer Hamilton Harris, J. G. Harris, J. F. Hill, G. Horton Irvin, R. Knight Lane, Dick

JOURNAL OF THE HOUSE,

Larsen, G. K. Lucas Matthews, C. McDonald McKinney Patten, R. L. Peters Petro Pinkston Rainey Ross Sams

Scott Sheats Sigman Smith, J. R. Stone Taggart Toles West Wheeler
White Williams Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 96, nays 38.

The Resolution, as amended, having failed to receive the requisite two-thirds constitutional majority, was lost.

Representative Burruss of the 21st served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite twothirds constitutional majority to SR 96.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 72. By Senators Garrard of the 37th and Shapard of the 28th:
A Bill to regulate the practice of marriage and family counseling in the State of Georgia; and for other purposes.

The following report of the Committee of Conference was read:
Conference Committee Report on SB 72
Mr. President and Mr. Speaker:
The Conference Committee on SB 72 makes the following recom mendations :
That each House recede from its position and adopt SB 72 as it passed the House of Representatives, except for the following amend ments :
By striking from Section 5 on line 24 of page 5, the following:
"nurses with bachelor's degrees",

MONDAY, MARCH 24, 1975

3759

and inserting in lieu thereof the following:

"psychiatric nurse specialists".

By striking from Section 6 on line 13 of page 6 the word "three" and inserting in lieu thereof the word "five", and by striking from said Section 6 on line 24 of page 6 the word "bachelor's" and inserting in lieu thereof the word "master's".

By striking from Section 6 beginning on line 32 of page 6 the fol lowing:

"nurses with bachelor's degrees",

and inserting in lieu thereof the following:

"psychiatric nurse specialists".

By striking from Section 9 on line 9 of page 9, the word "nursing" and inserting in lieu thereof the following:

"psychiatric nurse specialty".

By striking from Section 10 on line 1 of page 10 the word "nursing" and inserting in lieu thereof the following:

"psychiatric nurse specialty",

and by striking from Section 10 on lines 9, 13 and 15 of page 10 the word "three" and inserting in lieu thereof the word "five".

FOR THE SENATE
/&/ Virginia Shapard Senator of the 28th
/s/ Ed Garrard Senator of the 37th

Respectfully submitted,
FOR THE HOUSE
/s/ John Linder Representative of the 44th
/s/ Sidney Marcus Representative of the 26th
/s/ Eleanor Richardson Representative of the 52nd

Representative Linder of the 44th moved that the House adopt the report of the Committee of Conference on SB 72.

On the motion, the roll call was ordered and the vote was as follows:

3760

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Representatives:

Adams, Marvin Bailey Bargeron Battle Beckham Berry Bowman Burton Calhoun Carrell Castleberry Chance Childs Clark, Betty Clark, L. Cole Cox Culpepper Davis Edwards, W. Felton Fraser Ganimage Gignilliat Glanton Harden Harris, B. B. Harris, J. G.

Hatcher Hawkins Hays Hill, B. L. Howard Howell Hudson Hutchinson Jessup Johnson, R. Jones Jordan Karrh Keyton Kilgore King Lane, W. J. Larsen, W. W. Lee Linder Logan Mann Marcus McCollum Miles Milford Nessmith Noble

Owens Oxford Parkman Parrish Patten, G. C. Petro Phillips, R. T. Phillips, W. R. Randall Ray Reaves Richardson Russell, J. Russell, W. B. Shanahan Smyre Thompson Tolbert Tucker Waddle Wall Ware Watson White Whitmire Williamson Wilson

Those voting in the negative were Representatives

Adams, John Banks Beck Bray Carr Carter Childers Coleman Collins

Colwell Crawford Dixon Dover Evans, B. Foster, P. W. Ham Irvin, J.

Irwin Jackson Kreeger Leonard Mostiler Mullinax Phillips, L. Sweat

Those not voting were Representatives :

Adams, G. D. Alexander Baugh Blackshear Bolster Brown Buck Burruss Carlisle

Games Clifton Connell Cooper Daugherty Dean Dent Edwards, C. W. Egan

Elliott Evans, W. D. Poster, R. L. Glover Greer Hamilton Harris, J. P. Harrison Hill, G.

MONDAY, MARCH 24, 1975

3761

Holmes Horton Irvin, R. Johnson, W. R. Knight Lambert Lane, Dick
Larsen, G. K. Leggett Long Lucas Matthews, C. Matthews, D. R. McDonald McKinney

Nix Parham Patten, R. L. Peters Pinkston Rainey Ross
Rush Sams Scott Sheats Sigman Sizemore Smith, J. R. Smith, V. B.

Snow Stone Taggart Thomason Toles Townsend Triplett
Twiggs Vaughn Walker West Wheeler Williams Wood Mr. Speaker

On the motion, the ayes were 83, nays 25.

The motion was lost and the House rejected the report of the Committee of Conference on SB 72.
Representative Linder of the 44th moved that the House Committee of Conference on SB 72 be discharged and that a second Committee of Conference be appointed on the part of the House.
The motion prevailed.

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

Representatives Linder of the 44th, Marcus of the 26th and Richardson of the 52nd.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 739. By Representatives Williamson of the 45th, Davis and Tolbert of the 56th and others:
A Bill to amend Code Section 92-6402, relating to the payment of county taxes, so as to change the installment dates in certain counties for the payment of such taxes and a penalty for nonpayment of installments when due so as to strike the ten percent penalty on delinquent install ments; and for other purposes.

The following Senate amendment was read: The Senate moves to amend HB 739 as follows:

3762

JOURNAL OF THE HOUSE,

By striking from the title on line 15 of page 1 the following:

"to provide for minimum late payments;".

By striking from lines 13 through 15 of page 3 the following:

"The minimum late payment penalty in all cases shall be five dollars ($5.00)."

Representative Williamson of the 45th moved that the House agree to the Senate amendment to HB 739.

On the motion, the ayes were 103, nays 0.

The motion prevailed and the Senate amendment to HB 739 was agreed to.

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

SB 368. By Senator Reynolds of the 48th: A Bill to amend Section 66-103 of the Code of Georgia, which provides for the payment of wages due deceased employees to certain survivors without the necessity of administration upon the deceased employees; estates, as amended, so as to increase the amount of wages that may be paid; and for other purposes.
The following amendment was read and adopted:
Representative Mullinax of the 69th moves to amend SB 368 as follows:
By inserting after the word "wages", as it appears in lines 2 and 22 of page 1, the following:
"or other monies".
And, by striking the word "wages", as it appears in lines 24 and 25 of page 1, and substituting in lieu thereof the word "sums".

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 99, nays 0.

MONDAY, MARCH 24, 1975

3763

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

SB 306. By Senator Howard of the 42nd:
A Bill to amend an Act providing the Authority General, upon request of any department, or office, is authorized to employ private counsel to perform legal services for that department or office and that such de partment shall pay for such services; and for other purposes.

The following amendment was read and adopted:
The Committee on Judiciary moves to amend SB 306 as follows:
After "Georgia" on line 17, Section 2, page 2, add the words "or any instrumentality of the State of Georgia,"

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 104, nays 0.

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

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 1143. By Representative Hatcher of the 131st:
A Bill to provide a new Charter for the City of Leary, Georgia, in the County of Calhoun; and for other purposes.

The following Senate amendment was read:
The Senate moves to amend HB 1143 by striking lines 34 and 35 on Page 34 and adding in lieu thereof the following:
"Section 7.16. Notwithstanding any other provisions herein contained, this Act is not intended to and shall not be applicable to regulation of or over the property, activity, rates, services or operations of any electric supplier (as defined in the Georgia Ter ritorial Electric Service Act, Ga. Laws 1973, page 200.)
Section 7.17. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed."

3764

JOURNAL OF THE HOUSE,

Representative Hatcher of the 131st moved that the House agree to the Senate amendment to HB 1143.

On the motion, the ayes were 103, nays 0.

The motion prevailed and the Senate amendment to HB 1143 was agreed to.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 619. By Reps. Hatcher of the 131st, Greer and Horton of the 43rd, and others:
A Bill to provide for the creation of condominium interests in this State; to provide for a short title ("Georgia Condominium Act"); to provide for separate titles and taxation.

The Senate insists on its Amendment No. 2 to the following Bill of the House, to-wit:

HB 122. By Reps. Cole and Foster of the 6th:
A Bill to amend the Georgia Private Detective and Private Security Agencies Act so as to exempt from the provisions of said Act private security activities of employers and employees which take place upon the premises of the employer and occur in connection with the affairs of the employer only.

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

SB 247. By Senators Warren of the 43rd, Kidd of the 25th and Riley of the 1st:
A Bill to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, as amended, so as to change the provisions relative to the interest that may be charged on the principal amount of the loan; and for other purposes.

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

MONDAY, MARCH 24, 1975

3765

On the passage of the Bill, the ayes were 93, nays 3.

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

SB 308. By Senator Langford of the 51st:
A Bill to amend an Act known as the "Certification of Water and Wastewater Treatment Plant Operators Act", so as to change the membership of the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators to reflect the reorganization of the Georgia Department of Public Health and the Georgia Water Quality Control Board; and for other purposes.
The following amendment was read:
The Committee on Health and Ecology moves to amend SB 308 as follows:
By renumbering Section 6 as Section 7, and inserting a new Section 6 to read as follows:
"Section 6. Provided that, notwithstanding any other provisions of this Act, any State Agency which operates and maintains facilities contemplated by this Act shall be required to have a minimum of one licensed operator in responsible charge of such facilities in each departmental district."
The following amendment was read and adopted:
Representative Lambert of the 112th moves to amend the Com mittee amendment to SB 308 as follows:
By striking from the amendment of the Committee on Health and Ecology, the following:
"Section 6. Provided that, notwithstanding any other pro visions of this Act, any State agency which operates and maintains facilities contemplated by this Act shall be required to have a minimum of one licensed operator in the responsible charge of such facilities in each departmental district,"
and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. Provided that, notwithstanding any other pro visions of this Act, any State agency which operates and maintains facilities contemplated by this Act shall be required to have a minimum of one licensed operator in each departmental district."

The Committee amendment, as amended, was adopted.

3766

JOURNAL OF THE HOUSE,

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

On the passage of the Bill, as amended, the ayes were 114, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 321. By Senators Hill of the 29th and Lewis of the 21st:
A Bill to provide that surplus funds designated as reserve funds accruing at the Georgia Warm Springs State Hospital in any fiscal year shall not lapse to the State Treasury, but may be reserved by the Hospital as working capital; and for other purposes.

The following amendment was read and adopted:

The House Committee on Appropriations moves to amend SB 321 as follows:
By adding at the end of Section 1 the following:
"; provided, however, that such funds shall not be used to initiate any new and recurring obligations".

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 108, nays 1.

The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 349. By Senator Russell of the 10th:
A Bill 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 nursery stock or sod grass.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.

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

MONDAY, MARCH 24, 1975

3767

SB 251. By Senator Reynolds of the 48th:
A Bill to amend an Act known as the Georgia Code of Public Transporta tion, as amended, so as to make certain grammatical corrections; to provide for and clarify the positions of parties to, procurement contracts involving business, professional or other services; and for other purposes.

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

On the passage of the Bill, the ayes were 103, nays 0.

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

SB 132. By Senators Summers of the 53rd, Langford of the 51st, Fincher of the 154th and others:
A Bill to amend Code Chapter 85-4, relating to obtaining title to property by prescription, so as to provide an additional method for obtaining good title to property by adverse possession in regard to certain classes of property; and for other purposes.

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

On the passage of the Bill, the ayes were 100, nays 3.

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

Representative Egan of the 25th asked that the Journal record his voting "nay" on the passage of SB 132.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 10. By Senator Coverdell of the 40th:
A Bill to provide that ad valorem, excise and other taxes, fees, service charges and assessments due to counties of this State having a popula tion of 600,000 or more according to the United States Census of 1970 or any future such census or to those municipalities lying wholly or partially within such a county having a population of 400,000 or more, which are not paid when due shall bear certain interest rates; and for other purposes.

3768

JOURNAL OP THE HOUSE,

The following report of the Committee of Conference was read:

Conference Committee Report on SB 10

Mr. President: Mr. Speaker:

Your Conference Committee on Senate Bill 10 has met and submits the following recommendation:

That the Senate and House recede from their respective positions and that the attached Substitute to Senate Bill 10 be adopted.

FOR THE SENATE
/s/ Paul D. Coverdell Senator of the 40th
/s/ Julian Bond Senator of the 39th
/s/ Ed Garrard Senator of the 37th

Respectfully submitted,
FOR THE HOUSE
/s/ Ben Brown Representative of the 34th
/s/ Charles Carnes Representative of the 43rd
/s/ Robert Irvin Representative of the 23rd

A BILL
To be entitled an Act to provide that ad valorem taxes, fees, service charges and assessments due to counties of this State having a popula tion of 600,000 or more according to the United States Decennial Census of 1970 or any future such census or to those municipalities lying wholly or partially within such a county having a population of 400,000 or more according to the United States Decennial Census of 1970 or any future such census which are not paid when due shall bear interest at the rate of seven (1%) percent per annum on the first $1,000 of such liability and at a rate of interest on the amount of such liability which exceeds $1,000 equal to seven (7%) percent per annum plus an additional one (l'/t ) percent per annum for each month that such liability remains unpaid, with a maximum rate on such excess of twelve (12 C/, ) percent per annum, to accrue on such liabilities from the date the same become due until paid in full; to provide that such additional rate of interest shall not apply to amounts determined to be owed pursuant to a good faith arbitration, equalization or other similar proceeding; to provide that separate determinations of such rate of interest shall be made with respect to taxes owed to separate taxing jurisdictions; to provide that separate determinations of such rate of interest shall be made as to each parcel of property owned by a taxpayer; to provide that execution shall issue therefore; to provide for an effective date; to provide for severability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Any other law of this State to the contrary notwith standing, all ad valorem taxes, fees, service charges and assessments owned by any taxpayer to each county in this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census or to each municipality lying wholly or partially within such county having a population of 400,000 or more according to the United States Decennial Census of 1970 or any future such census which are not paid when due shall bear interest at the following rates until paid:

(a) Seven (1%) percent per annum on the total amount of any such taxes, fees, service charges or assessments which are not paid when due;
(b) An additional rate of interest on the amount of such taxes, fees, service charges and assessments which exceed $1,000 equal to an additional one (1%) percent per annum for each full calendar month which elapses between the date such service charges, fees and assess ments first become due and the date on which they are paid in full; provided, however, that the total rate of interest determined under this Act shall not exceed twelve (12%) percent per annum; provided further, however, that such additional rate of interest shall not apply to amounts determined to be owed by a taxpayer pursuant to any arbitration, equali zation, or similar proceeding, if brought in good faith by the taxpayer, and if the taxpayer shall have previously paid to the county or munici pality the amount of such liability which was not in dispute.

Such rates of interest shall be determined on the date such amounts are paid in full and interest at the rate so determined shall accrue on such taxes, fees, service charges or assessments from the date on which any such amount, or installment thereof, first became due and payable until the date on which such amount, or installment thereof, is paid in full. Determination of such rates of interest shall be made separately as to amounts owed by a taxpayer to separate taxing jurisdictions, and such determination shall be made separately as to each parcel of prop erty owned by a taxpayer.
Section 2. The tax collectors or tax commissioners or governing authority of any such county or municipality shall issue executions against such taxpayer owing such taxes, fees, service charges or assess ments together with interest thereon as provided in this Act when the same become delinquent.

Section 3. This Act shall become effective on April 1, 1975, and shall apply to any such tax, fee, service charge or assessment which becomes due and payable on or after the effective date of this Act.

Section 4. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were

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

Representative Games of the 43rd moved that the House adopt the report of the Committee of Conference on SB 10.

On the motion, the ayes were 103, nays 0.

The motion prevailed and the report of the Committee of Conference on SB 10 was adopted.

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

SB 394. By Senators Dean of the 31st, Sutton of the 9th and Carter of the 14th:
A Bill to authorize the State Personnel Board to provide a health insurance plan for public school employees of the State of Georgia; to define certain terms; and for other purposes.

The following amendment was read and adopted:
Representative Jordan of the 58th moves to amend SB 394 as follows:
By inserting in line 14 on page 1 between the word and semicolon "plan;" and the word "to" the following:
"to provide that local boards of education shall have the option of determining whether or not public school employees within their respective systems shall be covered under the provisions of this Act; to provide for separate insurance programs and for certain funds relative thereto;".
By renumbering Sections 13 through 16 as Sections 14 through 17 and by adding a new Section 13 to read as follows:
"Section 13. Local school boards shall have the option to de termine whether or not the public school employees within their respective systems shall be covered under the provisions of this Act. Any system desiring to maintain or establish their own in surance program shall receive their pro rata share of the funds

MONDAY, MARCH 24, 1975

3771

which would otherwise be available to them under the provisions of this Act to defray expenses incurred in connection with maintaining or establishing a separate insurance program."

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

On the passage of the Bill, as amended, the ayes were 115, nays 0.

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

Representative Carter of the 146th asked that the Journal record his voting "aye" on the passage of SB 394, as amended.

SB 311. By Senator Traylor of the 3rd:
A Bill to amend an Act completely and exhaustively revising the laws relating to game and fish, as amended, so as to change the law relative to commercial fishing licenses; to provide for an effective date; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 0.

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

SB 66. By Senator Button of the 9th:
A Bill to amend an Act creating the Georgia Agrirama Development Authority, so as to provide the power of eminent domain over real, personal or mixed property, whether held privately or by a public service corporation; and for other purposes.

The following amendments were read and adopted:

Representative Walker of the 115th moves to amend SB 66 by striking from lines 15 and 16 on page 1 the following: "real, personal, or mixed".

Representative Ham of the 80th moves to amend SB 66 by adding after the word, "corporation" on line 17, page 1 the following, "in Tift County, Georgia".

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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 96, nays 5.

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

SB 102. By Senators Duncan of the 30th, Carter of the 14th, Holloway of the 12th and others:
A Bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to change the provisions relative to creditable service necessary for eligibility for retirement; to change the provisions relative to retirement benefits; and for other purposes.

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

On the passage of the Bill, the ayes were 111, nays 8.

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

Representative Carter of the 146th asked that the Journal record his voting "aye" on the passage of SB 102.

SB 361. By Senators Warren of the 43rd and Reynolds of the 48th:
A Bill to revise, consolidate and modernize present laws relating to financial responsibility of operators or owners of motor vehicles upon the highways of this State and to establish new laws relating thereto; to codify such laws as Title 68C of the Code of Georgia; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 90, nays 5.

The Chair voted "aye".

On the motion, the ayes were 91, nays 5.

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

MONDAY, MARCH 24, 1975

3773

SB 15. By Senators Traylor of the 3rd, Banks of the 17th, Kidd of the 25th and others:
A Bill relating to the development of small businesses; declaring the legislative intent to encourage State purchases from small businesses; requiring the Department of Community Development to assist small businesses and to otherwise coordinate activities relating thereto; and for other purposes.

The following amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend SB 15 by striking the period on line 24, page 1 and adding after the word "businesses" the following: ", so long as the commodities and services of small businesses are competitive as to price and quality."

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 91, nays 1.

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 Senate was taken up for consideration and read the third time:

SB 120. By Senators Tate of the 38th and Dean of the 31st:
A Bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to change the provisions relative to the composition of the Board of Trustees; and for other purposes.

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

On the passage of the Bill, the ayes were 97, nays 0.

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

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

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HB 540. By Representatives Snow of the 1st, Walker of the 115th, Sams of the 90th and others:
A Bill to amend the Georgia Records Act, so as to provide for definitions; and for other purposes.

The following Senate amendment was read:
The Senate moves to amend HB 540 by: Striking from Section 6 (b) in lines 157-158 the words "the agency" and inserting in lieu thereof the word "law," and by
Adding two new sections to be designated Sections 13 and 14 of this amendment, to read as follows:
Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 14. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Snow of the 1st moved that the House agree to the Senate amendment to HB 540.

On the motion, the ayes were 97, nays 0.

The motion prevailed and the Senate amendment to HB 540 was agreed to.

HB 619. By Representatives Hatcher of the 131st, Greer and Horton of the 43rd and others:
A Bill to provide for the creation of condominium interests in this State; and for other purposes.

The following Senate amendment was read:
Senate amendment to HB 619:
Amend HB 619 by striking the sentence beginning on Page 7, line 23, with the word "All" and ending on Page 7, line 26, with the word "ownership",
and
By striking the phrase "In addition" on Page 7, line 26.

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3775

Representative Hatcher of the 131st moved that the House agree to the Senate amendment to HB 619.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate amendment to HB 619 was agreed to.

HB 128. By Representatives Snow of the 1st, Walker of the 115th, Karrh of the 106th and others:
A Bill to amend Code Chapter 59-7, relating to traverse juries in general, so as to provide that certain cases in the superior courts shall be tried by a jury of six jurors; and for other purposes.

The following Senate amendment was read:
Senate amendment to HB 128 amend HB 128 by striking the words "and all" on line 4, Page 1; striking the words "misdemeanor cases" on line 5, Page 1; striking the words "and in all misdemeanor cases" on line 21, Page 1; striking the words "and in all misdemeanor cases" on line 28, Page 2;
and
by striking sections 3 and 4 in their entirety.

Representative Snow of the 1st moved that the House agree to the Senate amendment to HB 128.

On the motion, the ayes were 93, nays 2.

The motion prevailed and the Senate amendment to HB 128 was agreed to.

HB 237. By Representatives Castleberry of the lllth, Adams of the 14th, Carrell of the 75th and others: A Bill to provide that any employee of State government shall be authorized to run for and hold office in any government of any municipality having a population of 1,500 persons or less; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend House Bill 237 as follows:
By striking the word "providing" in Section 1 on page 1, line 14, and inserting in lieu thereof the following:

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"provided that the intention to become a candidate is filed with the Appointing Authority of the Agency in which employed at least 30 days prior to any formal announcement for office, and provided".

Representative Castleberry of the lllth moved that the House agree to the Senate amendment to HB 237.

On the motion, the ayes were 103, nays 3.

The motion prevailed and the Senate amendment to HB 237 was agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in adopting Senate Amendment No. 2 thereto:

HB 122. By Representatives Cole and Poster of the 6th:
A Bill to amend the Georgia Private Detective and Private Security Agencies Act, so as to exempt from the provisions of said Act private security activities of employers and employees which take place upon the premises of the employer and occur in connection with the affairs of the employer only; and for other purposes.

Representative Cole of the 6th moved that the House recede from its position in disagreeing to the Senate Amendment No. 2 to HB 122.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the House receded from its position in disagreeing to the Senate Amendment No. 2 to HB 122.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 99. By Senator Dean of the 31st: A Bill to amend Code Chapter 84-5, relating to the regulation of Chiropractic and the Board of Chiropractic Examiners, so as to change the compensation of the members of the board; and for other purposes.
The following amendment was read and adopted:
The Committee on Health and Ecology moves to amend Senate Bill 99 as follows:

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3777

By deleting in its entirety line 14 of page 2 and substituting in lieu thereof the following:

"$50" and "$25 fee",.

And, by adding at the end of line 16 of page 3 the following: "fee".

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 96, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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 623. By Reps. Greer of the 43rd, Beckham of the 89th, and Buck of the 95th: A Bill to amend an Act entitled "An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act.
The Senate adheres to its amendments and appoints a Conference Committee on the following Bill of the House, to-wit:
HB 858. By Reps. Tolbert and Davis of the 56th, Harden of the 154th and others: A Bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to prohibit the employment of certain persons as teachers.
The President has appointed on the part of the Senate the following Senators: McDuffie of the 19th, Foster of the 50th, and Warren of the 43rd:
Under the general order of business established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

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SB 285. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A Bill to declare unfair or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; to provide for the creation of a Consumer Advisory Board; to name the Administrator; and for other purposes.

The following amendments were read and adopted:
House Committee on Industry moves to amend Senate Bill 285 as follows:
By adding a new subsection (d) at the end of Section 4, to read as follows:
"(d) The Board shall be authorized and empowered to repeal rules promulgated by the Administrator."
House Committee on Industry moves to amend Senate Bill 285 as follows:
By striking paragraphs (1) and (2) of subsection (b) of Section 5 in their entirety and inserting in lieu thereof new paragraphs (1) and (2) of subsection (b), to read as follows:
"(b) (1) A Consumer Advisory Board is hereby created whose duties it shall be to advise and make recommendations to the Administrator. The Board shall consist of fifteen members, with the Administrator and the Attorney General or his designee to serve as ex officio members. Ten of the fifteen members of the Board shall be elected by the General Assembly in the manner hereinafter provided. One member shall be elected from each Con gressional District ,in the State. 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 counties and Senatorial Districts embraced, or partially em braced, within such Congressional Districts meeting in caucus. The first election of members of the Consumer Advisory Board shall be conducted within the first thirty days after this Act becomes effec tive. Written notice thereof shall be mailed to the members of the General Assembly affected at least ten days prior to the date of the caucus, which notice shall state the time, place and purpose of said caucus. Within fifteen days after each election, the Speaker of the House and the President of the Senate shall jointly transmit a certificate of such election to the Secretary of State who upon receipt thereof shall immediately issue his commission thereon. The initial members of the Board from the First and Tenth Congressional Districts shall be elected for terms of five years each commencing from the date of their election and until their successors are duly elected and qualified; the members from the Fifth and Sixth Con gressional Districts shall be elected for terms of four years each commencing from the date of their election and until their successors

MONDAY, MARCH 24, 1975

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are duly elected and qualified; members from the Second and Ninth Congressional Districts shall be elected for terms of three years each commencing from the date of their election and until their successors are duly elected and qualified; members from the Third and Seventh Congressional Districts shall be elected for terms of two years each commencing from the date of their election and until their successors are duly elected and qualified; and the members from the Fourth and Eighth Congressional Districts shall be elected for terms of one year each commencing from the date of their election and until their successors are duly elected and qualified. Thereafter, all members shall be elected for terms of five years each and until their successors are duly elected and qualified. Elec tions of subsequent members to the Board shall be conducted in the same manner in which initial members were elected at the regular session of the General Assembly immediately preceding the expiration of the terms of office of Board members. Vacancies shall be filled for the unexpired terms in the same manner as regular appointments.

(2) Five of the fifteen members shall be appointed by the Governor. At least one member appointed by the Governor shall be an attorney representing consumers' interests, and he shall also represent the Legal Aid Society. At least one member appointed by the Governor shall be a representative of the Georgia Retail Association. The initial terms of the members appointed by the Governor shall be as follows: one member shall be appointed for a term of one year; one member shall be appointed for a term of two years; one member shall be appointed for a term of three years; one member shall be appointed for a term of four years; and one member shall be appointed for a term of five years. There after, each member of the Board shall serve for a term of five years. In the event of a vacancy during the term of office of any member appointed by the Governor, whether by reason of death, resignation or otherwise, the appointment of a successor by the Governor shall be only for the remainder of the unexpired term of such member."

The House Committee on Industry moves to amend Senate Bill 285 as follows:
By adding the words "and exemplary" following the word "general" on line 15 of page 13, so that line 15 will read
"injunctive relief and to recover his general and exemplary damages"
and by further adding the words "at least" following the word "award" on line 13 of page 14, so that line 13 will read
"award at least three times actual damages for an intentional"
The House Committee on Industry moves to amend Senate Bill 285 by striking the words

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"defendant." on line 17 of page 13, and substituting in lieu thereof the following:

"defendant, provided however, exemplary damages shall be awarded only in cases of intentional violation."

The House Committee on Industry moves to amend Senate Bill 285 as follows:

By striking the word "one" on line 8 of page 21, and substituting in lieu thereof the word "two"

and by striking the word "year" on line 9 of page 21, and substitut ing the word "year"

so that lines 8 and 9 on page 21 will read as follows:

"action shall be brought under this Act: (i) more than two years after the person bringing such action knew or should"

and by striking the words "one year" on line 11 of page 21, and substituting the words "two years" so that line 11 of page 21 will read as follows:

"(ii) more than two years after the termination of any"

The following amendment was read:
Representative Petro of the 46th moves to amend SB 285 as follows:
By adding to the list of unlawful practices contained in Section 3(b) ending on line 15 of page 5 the following unlawful practice to be appropriately numbered and punctuated:
"Indicating that a rebate, discount, or other benefit will be given as an inducement for entering into a transaction in return for supplying names of prospective customers, if the receipt of the rebate, discount or other benefit is contingent on an event occurring after the transaction."

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

Those voting in the affirmative were Representatives:

Banks Bargeron Baugh Beckham

Blackshear Bolster Bowman Burton

Calhoun Carter Childs Clark, Betty

Dixon Egan Felton Foster, R. L. Ham Harris, B. B. Hawkins Holmes Howard Irvin,R. Jones Jordan

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Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Linder McCollum Nix Owens Parham Petro Phillips, R. T.

Phillips, W. R. Randall Ray Sheats Smith, V. B. Stone Twiggs Walker Wall Williamson Wilson

Those voting in the negative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Battle Beck Bray Brown Carlisle Carnes Carr Carrell Castleberry Chance Childers Clark, L. Clifton Cole Collins Connell Cooper Cox Crawford Culpepper Daugherty Davis Dean Dent Dover Edwards, C. W. Evans, W. D. Foster, P. W.

Gammage Gignilliat Glanton Glover Greer
Hamilton Harden Harris, J. G. Hatcher Hays Hill, B. L. Horton Hudson Hutchinson Irvin, J. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Karrh Keyton Kilgore King Lambert Lee Leggett Leonard Logan Long Mann

Marcus Miles Milford Mostiler Mullinax Nessmith Oxford Parrish Patten, G. C. Patten, R. L, Phillips, L. L. Reaves Richardson Russell, J. Russell, W. B. Shanahan Sigman Thomason Thompson Tolbert Townsend Triplett Tucker Vaughn Waddle Ware Watson West Whitmire Williams Wood

Those not voting were Representatives:

Bailey Berry Buck Burruss

Coleman Colwell Edwards, W. Elliott

Evans, B. Fraser Harris, J. F. Harrison

3782
Hill, G. Howell Knight Lucas Matthews, C. Matthews, D. R. McDonald McKinney Noble

JOURNAL OF THE HOUSE,

Parkman Peters Pinkston Rainey Ross Rush Sams Scott Sizemore

Smith, J. R. Smyre Snow Sweat Taggart Toles Wheeler White Mr. Speaker

On the adoption of the amendment, the ayes were 47, nays 94.

The amendment was lost. An amendment, offered by Representative Petro of the 46th, was read and lost. An amendment, offered by Representative Petro of the 46th, was read and lost. An amendment, offered by Representative Petro of the 46th, was read and lost. An amendment, offered by Representative Petro of the 46th, was read and lost. Four additional amendments, offered by Representative Petro of the 46th, were read and withdrawn by unanimous consent. An amendment, offered by Representative King of the 96th, was read and lost.

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

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

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Banks Bargeron Battle Baugh Beck

Beckham Berry Blackshear Bolster Bowman Bray Brown Buck Burruss Burton

Calhoun Carlisle Carnes Carr Carrell Carter Castleberry Chance Childers Childs

Clark, Betty Clark, L. Clifton Cole Coleman Collins Connell Cooper Cox
Crawford Culpepper Daugherty Da vis Dean Dent Dixon Dover Edwards, C. W. Egan Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glanton Glover Greer
Ham Hamilton Harden Harris, B. B. Harris, J. G. Harris, J. F. Harrison Hatcher Hawkins Hays Hill, B. L. Holmes Horton Howard

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Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson
Jessup Johnson, R. Johnson, W. R. Jones
Jordan Karrh Keyton Kilgore King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee
Leggett Leonard Linder Logan Long Lucas Mann Marcus McCollum Miles Milford Mostiler Mullinax Nessmith Nix Owens Oxford Parham Parkman Parrish

Patten, G. C. Patten, R. L. Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Randall Ray Reaves Rickardson Russell, J. Russell, W. B.
Scott Shanahan Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Thomason Thompson
Tolbert Townsend Triplett Tucker Twiggs Vaughn Waddle Walker Wall Ware Watson West Whitmire Williams Williamson
Wilson Wood

Those not voting were Representatives:

Colwell Edwards, W. Elliott Hill, G.
Knight
Matthews, C.
Matthews, D. R.

McDonald McKinney Noble Peters
Rainey
Ross
Rush

Sams Taggart Toles Wheeler
White
Mr. Speaker

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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.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker
The Senate has appointed a Second Committee of Conference on the follow ing Bill of the Senate, to-wit:

SB 72. By Senators Garrard of the 37th and Shapard of the 28th:
A Bill 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.

The President has appointed on the part of the Senate the following Senators: Garrard of the 37th, Shapard of the 28th, and Lester of the 23rd:

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 17. Representatives Ware of the 68th, Greer of the 43rd and Castleberry of the lllth:
A Bill to amend the Georgia Motor Vehicle Reparations Act, so as to provide for additional definitions; and for other purposes.

The following report of the Committee of Conference was read:
Conference Committee Report on HB 17
Mr. President: Mr. Speaker:
Your Conference Committee on HB 17 has met and submits the following recommendation:
1. That the Senate and House both recede from their respective positions.

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2. That the Senate Substitute to HB 17 as amended by the attached amend ment be adopted.

Respectfully submitted,

FOR THE SENATE
is/ Sam W. Doss, Jr. Senator, 52nd District
/s/ Terrell A. Starr Senator, 44th District
lal George T. Warren II Senator, 43rd District

FOR THE HOUSE
Is/ J. Crawford Ware Representative, 68th District
la! John W. Greer Representative, 43rd District
la/ Joe T. Wood Representative, 9th District

The Senate Substitute to House Bill 17 is hereby amended as follows:
By renumbering Sections 5, 6 and 7 as Sections 6, 7 and 8, respec tively.
By adding a new Section 5, to read as follows:
"Section 5. Said Act is further amended by adding a new sub section (c) at the end of Section 6, to read as follows:
'(c) In addition to all other penalties provided for herein in the event that an insurer willfully fails or refuses to pay a person the benefits which such person is entitled to under this Act within sixty (60) days after proper proof of loss has been filed, the person may bring an action to recover such benefits, and if the insurer fails to prove that its failure or refusal to pay such benefits was in good faith, the insurer shall be subject to punitive damage.' "

Representative Greer of the 43rd moved that the House disagree to the report of the Committee of Conference on HB 17.

On the motion to disagree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, Marvin Alexander Bailey Banks Bargeron Battle Baugh Beck

Beckham Berry Bolster Bowman Bray Brown Buck Burruss Calhoun

Carnes Carrell Carter Castleberry Chance Childers Clark, Betty Clark, L. Clifton

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Cole Coleman Colwell Connell Cooper Cox Crawford Culpepper Daugherty Davis Dixon Dover Edwards, C. W. Edwards, W. Egan Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Ganimage Gignilliat Glover Greer Ham Hamilton Harden Harris, B. B. Harris, J. F. Harrison Hatcher Holmes Howell Hudson Hutchinson Irvin, J.

JOURNAL OF THE HOUSE,

Irvin, R. Irwin Jackson Jess up Johnson, W. R. Jones Jordan Karrh Kilgore King Kreeger Lane, Dick Lane, W. J.
Larsen, G. K. Lee Leggett Leonard Linder Logan Lucas Mann Marcus Matthews, D. R. McCollum
Miles Milford Mostiler Mullinax Nix Noble Owens Oxford Parham Parkman Parrish Patten, G. C.

Patten, R. L. Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Randall
Ray Reaves Russell, J. Russell, W. B. Shanahan Sigman Smith, J. R. Smyre Snow Stone Sweat Thomason Thompson Tolbert Townsend Triplett Twiggs Vaughn Waddle Walker Wall Ware Watson West White Whitmire Williams Williamson Wilson Wood

Voting in the negative was Representative Sheats.

Those not voting were Representatives:

Adams, John Blackshear Burton Carlisle Carr Childs Collins Dean Dent Elliott Glanton Harris, J. G.

Hawkins Hays Hill, B. L. Hill, G. Horton Howard Johnson, R. Keyton Knight Lambert Larsen, W. W. Long

Matthews, C. McDonald McKinney Nessmith Peters Petro Rainey Richardson Ross Rush Sams Scott

Sizemore Smith, V. B. Taggart

MONDAY, MARCH 24, 1975

3787

Toles Tucker

Wheeler Mr. Speaker

On the motion to disagree, the ayes were 136, nays 1.

The motion prevailed and the report of the Committee of Conference on HB 17 was disagreed to.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 623. By Representatives Greer of the 43rd, Beckham of the 89th and Buck of the 95th:
A Bill to amend an Act to provide for license and excise taxes upon the business of dealing in malt beverages; and for other purposes.

The following Senate amendment was read:
The Senate moves to amend HB 623 as follows:
By striking from line 11 of page 1 the following:
"any and all",
and inserting in lieu thereof the following:
"certain".
By striking from line 7 through line 10 of page 2 the following:
" 'If no claim is filed to said goods so seized within 10 days, the same shall be destroyed by the State Revenue Commissioner or his authorized agents as contraband.'",
and inserting in lieu thereof the following:
" 'If no claim is filed to said goods so seized within 10 days, the same shall be sold at public sale unless such sale cannot be conducted within 120 days of the manufacture of such goods, under such rules and regulations as the Commissioner shall hereafter adopt, and the proceeds of such sale shall be retained by the Commissioner and paid over to the lawful authority to receive revenue from the sale of other alcoholic beverages. If such goods cannot be sold at public sale within 120 days of manufacture, the same shall be destroyed by the State Revenue Commissioner or his authorized agents as contra band.' "

3788

JOURNAL OP THE HOUSE,

Representative Greer of the 43rd moved that the House disagree to the Senate amendment to HB 623.

The motion prevailed and the House disagreed to the Senate amendment to HB 623.

HB 247. By Representatives Edwards of the 110th, Harris of the 8th, Vaughn of the 57th and others:
A Bill to amend an Act relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, so as to increase to twelve cents per mile the rate at which the State reimburses expenses; and for other purposes.

The following Senate amendment to HB 247 was read:
The Senate offers the following amendment:
Amend HB 247 by inserting in the title on Page 1, line 8, after the word "by" the following:
"officers, officials and", and
By inserting on Page 2, line 7, after the word "the" the following:
"executive and judicial branches of State government and the".

The following amendment to the Senate amendment to HB 247 was read and adopted:
Representatives Egan of the 25th and Lee of the 72nd move to amend the Senate Amendment to HB 247 by adding at the end thereof the following:
1. By inserting in the title before the words "to repeal conflicting laws",
the following:
"to amend Code Section 40-1802, relating to the salary, expenses, duties and bond of the State Auditor, as amended, so as to change certain provisions relating to the compensation and expenses of the State Auditor;".
2. By renumbering Section 2 as Section 3.
3. By adding a new Section to be known as Section 2, to read as follows:

MONDAY, MARCH 24, 1975

3739

"Section 2. Code Section 40-1802, relating to the salary, ex penses, duties and bond of the State Auditor, as amended, is hereby amended by striking from said Section, the following:

'The State Auditor shall be paid a salary of $6,000 per annum, payable monthly, and shall also be paid his actual traveling expenses while actually engaged in the performance of his official duties, to be proved by his sworn itemized statement and approved by the Governor: Provided that the salary of the State Auditor shall be in creased by the amount of $1,000 for each five years of continuous service as an employee or official in the State Department of Audits up to and including 20 years.',

and inserting in lieu thereof the following:

'Any other provision of law to the contrary notwithstanding, the State Auditor shall receive an annual salary of $35,000. Traveling expenses of the State Auditor shall be paid as may otherwise be provided for by law.',

so that when so amended Code Section 40-1802 shall read as follows:

'40-1802. Salary, expenses, duties, and bond of State Auditor. Any other provision of law to the contrary notwithstanding, the State Auditor shall receive an annual salary of $35,000. Traveling expenses of the State Auditor shall be paid as may otherwise be provided for by law. The State Auditor shall devote his entire time to the performance of the duties of his office, and shall give bond to be filed with and approved by the Comptroller General, in the sum of $10,000, payable to the Governor and his successors in office, conditioned that he shall truly and faithfully perform the duties of his office and shall account for all public funds coming into his hands or under his control, the premium on which bond shall be
paid by the State.' "

Representative Egan of the 25th moved that the House agree to the Senate amendment to HB 247, as amended by the House.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, Marvin Alexander Bailey Banks Battle Baugh Beck Beckham

Berry Blackshear Bolster Bray Brown Buck Burruss Burton Calhoun

Games Carrell Castleberry Chance Childers Clark, L. Clifton Cole Coleman

3790
Connell Cooper Cox Crawford Daugherty Davis Dent Edwards, W. Egan Evans, B. Felton Foster, R. L. Fraser Gammage Gignilliat Glover Greer Hamilton Harden Harris, J. G. Harris, J. F. Hatcher Hawkins Hays Hill, B. L. Holmes Horton Howard Hudson Hutchinson Irvin, J. Irvin, R.

JOURNAL OF THE HOUSE,

Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Lee Leggett Logan Long Mann Marcus McCollum Miles Milford Mostiler Mullinax Nessmith Noble Owens Oxford Parham Parrish Patten, R. L.

Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Randall Ray Reaves Russell, J. Russell, W. B. Scott Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Stone Thompson Tolbert Townsend Triplett Vaughn Waddle Walker Watson West White Whitmire Williams Wilson Wood

Those voting in the negative were Representatives :

Bowman Carter Dixon Dover

Foster, P. W. Harris, B. B. King

Leonard Sweat Wall

Those not voting were Representatives:

Adams, John Bargeron Carlisle Carr Childs Clark, Betty Collins Colwell Culpepper Dean
Edwards, C. W. Elliott

Evans, W. D. Glanton Ham Harrison Hill, G. Howell Knight Lambert Lane, W. J. Linder Lucas Matthews, C.

Matthews, D. R. McDonald McKinney Nix Parkman Patten, G. C. Peters Petro Rainey Richardson Ross Rush

Sams Shanahan Snow Taggart

MONDAY, MARCH 24, 1975

3791

Thomason Toles Tucker Twiggs

Ware Wheeler Williamson Mr. Speaker

On the motion to agree, the ayes were 122, nays 10.

The Senate amendment to HB 247, as amended by the House, was agreed to.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 754. By Representatives Murphy of the 18th, Snow of the 1st, Harris of the 8th, and others:
A Bill to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel so as to provide for the organiza tion of the Committee; to provide for powers and authority of the Committee; to provide for duties and authority of the Legislative Coun sel.

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

HB 941. By Representative Irvin of the 23rd:
A Bill to amend Code Title 46, relating to garnishment, so as to provide for a new Code Chapter relative to pre-judgment garnishments; to provide grounds for prejudgment garnishment; to provide for petitions for prejudgment garnishment; to provide for services.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitute thereto:

HB 754. By Representatives Murphy of the 18th, Snow of the 1st, Harris of the 8th and Collins of the 144th:
A Bill to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel so as to provide for the organization of the Committee; and for other purposes.

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JOURNAL OP THE HOUSE,

The following Senate amendments to HB 754 were read:

Senate Amendment 1
Amend HB 754 by inserting on Page 2, line 17, after the language "Representatives," the following:

"the Chairman of the Rules Committee of the Senate, the Chair man of the Rules Committee of the House of Representatives,".

Senate Amendment 2
Amend HB 754 by striking on Page 2, line 18, commencing with the word "The" and ending with the word "Committee" on line 21, and inserting in lieu thereof the following:

"The Speaker of the House of Representatives shall be Chair man of the Committee during odd numbered years and the Lieuten ant Governor shall be Chairman of the Committee during even num bered years. The .Clerk of the House of Representatives shall be Secretary of the Committee during even numbered years and the Secretary of the Senate shall be Secretary of the Committee during odd numbered years."

Senate Amendment 3
Amend HB 754 by adding on Page 1, line 11, between the word "organization" and the word "of", the following:
"and composition",
and By adding on Page 2, line 9, in Section 1 immediately following the
word "the" at the end of the line, the following:
"Speaker Pro Tern of the House of Representatives, the Presi dent Pro Tempore of the Senate, the".

Senate Amendment 4 Amend HB 754 by adding a new Section 8 to read as follows:
"Section 8. No business may be transacted by the Committee without the affirmative vote of at least four members of each of the Senate and House representation as set forth in Section 1.",
and By renumbering Section 8 as Section 9,
and
By adding on Page 1, line 18 after the word "foregoing" and before the word "to" the following:
"to provide for procedure in conducting meetings;".

MONDAY, MARCH 24, 1975

3793

Representative Snow of the 1st moved that the House disagree to the Senate amendments to HB 754.

The motion prevailed and the House disagreed to the Senate amendments to HB 754.

HB 1086. By Representatives Miles of the 86th, Connell of the 87th and Dent of the 85th:
A Bill to amend an Act placing certain county officers upon an annual salary, so as to change certain of the provisions pertaining to employees of the sheriff's office in such counties; and for other purposes.

The following Senate substitute was read:

A BILL

To be entitled an Act to amend an Act placing certain county offi cers upon an annual salary approved March 28, 1961 (Ga. Laws 1961, p. 2688), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2655), so as to change certain of the provisions thereof pertaining to employees of the sheriff's office in such counties; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act placing certain county officers upon an annual salary, approved March 28, 1961 (Ga. Laws 1961, p. 2688), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2655), is hereby amended by striking from subsection (b) of Section 3
the following:

"1 Chief Deputy 1 Major 1 Chief Criminal Investigator 2 Captains 1 ID & Fingerprint Expert 1 Chief Civil Deputy 4 Civil Deputies 6 Lieutenants
20 Criminal Investigators 1 Chief Jailer
34 Patrol Privates
33 Patrol Corporals
6 Sergeants 2 Bookkeepers (1 jail, 1 office) 1 Secretary

$1,077.87 per month 980.28 per month
860.52 per month 860.52 per month 801.25 per month 860.52 per month 801.25 per month 801.25 per month 747.09 per month 1,055.38 per month 567.60 to
732.09 per month
567.60 to 732.09 per month
747.09 per month
722.22 per month 722.22 per month

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JOURNAL OF THE HOUSE,

13 Assistant Jailers Turnkeys 9 Clerk-Dispatchers 6 Deputy Clerks (PBX Operators) 3 Mechanic Helpers 4 Office Clerks 4 Matrons 1 Assistant Bookkeeper (office)

450.54 to 671.51 per month 461.77 to 671.51 per month 461.77 to 671.51 per month 586.00 to 620.00 per month 461.71 to 600.70 per month 450.54 to 671.51 per month 612.22 per month",

and substituting in lieu thereof the following:

"1 Chief Deputy

$1,077.87 per month

1 Major

980.28 per month

1 Chief Criminal Investigator

860.52 per month

2 Captains

860.52 per month

1 ID & Fingerprint Expert

801.25 per month

1 Chief Civil Deputy

860.52 per month

4 Civil Deputies

801.25 per month

6 Lieutenants

801.25 per month

26 Criminal Investigators

747.09 to

801.25 per month

1 Chief Jailer

1,055.38 per month

68 Patrol Deputies (to include 36 patrol

privates & 32 patrol corporals)

567.60 to

732.09 per month

4 Sergeants

747.09 per month

2 Bookkeepers (1 jail, 1 office)

722.22 per month

1 Secretary

800.00 per month

4 Office Clerks

461.77 to

600.70 per month

1 Assistant Bookkeeper

612.22 per month

27 Assistant Jailers--Turnkeys

(to include 9 privates, 4 desk

sergeants, 1 mess sergeant,

5 corporals, 4 ID corporals, and

4 matrons)

450.54 to

671.51 per month

18 Records & Communications Deputies

(to include 4 sergeants,

4 corporals, & 10 privates)

461.77 to

671.51 per month

3 Mechanic Helpers

589.78 per month".

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.

MONDAY, MARCH 24, 1975

37;95

Representative Miles of the 86th moved that the House disagree to the Senate substitute to HB 1086.

The motion prevailed and the House disagreed to the Senate substitute to HB 1086.

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 1106. By Representatives Lambert of the 112th, and Carlisle of the 71st:
A Bill to provide for an Act known as the Georgia Special Adult Of fender Act of 1975; to create a special Adult Offender Division under the State Board of Corrections.

The Senate has disagreed to the House substitute to the following Bill of the Senate, to-wit:

SB 125. By Senators Duncan of the 30th, Riley of the 1st, Broun of the 46th and others:
A Bill to amend Code Section 57-101, relating to the legal rate of interest so as to change the legal rate of interest allowable by contract; to authorize a lender to charge a service fee on any loan in addition to interest.

The Senate has agreed to House substitute as amended by Senate to the following Bill of the Senate, to-wit:

SB 112. By Senator Lester of the 23rd:
A Bill to provide the procedures whereby a Judge of the Probate Court of Richmond County, (formerly the Court of Ordinary) shall be eligible to become a Judge Emeritus of the Probate Court of Richmond County.

Under the general order of business established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the
third time:

SB 169. By Senators Garrard of the 37th and Hudson of the 35th: A Bill to amend Code Section 26-2101, so as to change the provisions

3796

JOURNAL OF THE HOUSE,

relative to obscene materials; to provide that certain devices shall be obscene; and for other purposes.

The following amendment was read:

Representatives Hatcher of the 131st, Evans of the 84th, Tucker of the 73rd and others move to amend SB 169 as follows:
By inserting in the title, following the word "penalties", on line 7 of page 1, the following:
"; to provide for an adversary civil proceeding prior to criminal prosecution for distributing, showing, exhibiting, removing, causing or permitting to be removed, or otherwise violating the provisions of Code Section 26-2101, relating to obscene materials, as amended; to provide for practices, procedures, notices, hearings, restraining orders, injunctions and penalties".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.
By inserting, following Section 1, a new Section 2, to read as follows:
"Section 2. Said Act is further amended by inserting, following Code Section 26-2101, a new Code Section 26-2101.1, to read as follows:
'26-2101.1. Adversary Hearing Prior to Seizure or Criminal Prosecution, (a) The purpose of this Section is to provide an ad versary determination of the question of whether books, magazines, motion pictures, or other materials are obscene prior to their seizure or prior to a criminal prosecution relating to such materials.
(b) The public policy of this State requires that all proceedings prescribed in this Section shall be examined, heard and disposed of with the maximum promptness and dispatch commensurate with the Constitution of the United States and the Constitution of Georgia.
(c) Whenever any law enforcement officer has reasonable cause to believe that any person, firm or corporation is engaged in the sale, display, distribution or dissemination in a public place of any books, magazines, motion pictures, or other materials which are obscene within the meaning of Code Section 26-2101, he shall, with out seizing such material, notify the District Attorney for the coun ty in which such material is believed to be offered. Upon receiving such notification the District Attorney for said county shall submit a written complaint to the judge of the superior court of said county, to which shall be attached, if available without purchase or seizure, a true copy of the allegedly obscene material. The complaint shall:
(1) be directed against the person, firm or corporation believed

MONDAY, MARCH 24, 1975

3797

to be engaged in the sale, display, distribution or dissemination in a public place of the material alleged to be obscene and against such material by name, description, volume and issue as appropriate;

(2) allege that such material is obscene within the meaning of Code Section 26-2101;

(3) designate as respondent the person, firm, or corporation be lieved to be engaged in the sale, display, distribution or dissemina tion in a public place of the material alleged to be obscene within the county;

(4) seek an adjudication that said material is obscene;

(5) seek a temporary restraining order prohibiting the re spondent from distributing, showing, selling, displaying, removing, causing, or permitting to be removed the material alleged to be obscene within the meaning of Code Section 26-2101; and

(6) seek a subpoena to require production of said material as obscene within the meaning of Code Section 26-2101.

(d) Upon receipt of such complaint from the District Attorney, the judge shall:

(1) issue a summons to be served upon the respondent which shall summon the respondent to appear before the judge at a stated time not less than two days, including the day of service, and not more than four days, including the day of service, after service of the summons, and to show cause why said material should not be declared obscene and a subpoena issued requiring production of said material;

(2) issue a subpoena commanding the respondent to produce copies of all items of said material not attached to the complaint in order that a complete adversary hearing may be held on the question of whether said material should be declared obscene and a warrant issued authorizing a search for and seizure of said material;

(3) issue a temporary restraining order prohibiting the re spondent from distributing, showing, selling, displaying, removing, causing or permitting to be removed the material alleged to be obscene in the complaint, said restraining order to be in effect until a decision is rendered by the court as to the obscenity of said ma terial as provided in this Section;

(4) insure that any and all hearings held pursuant to this Section are designed to focus searchingly upon the issue of whether the material is obscene within the meaning of Code Section 26-2101, and that the rights of the respondent to counsel, to confrontation and cross-examination of witnesses for the State, to present wit nesses including expert witnesses in his own behalf, and all other

3798

JOURNAL OP THE HOUSE,

rights granted the respondent by the Constitution of the United States or the Constitution of Georgia are protected; and

(5) render a decision on the issue of whether said material is obscene within the meaning of Code Section 26-2101 within two
days, excluding the final day of said hearing, after the conclusion of any hearing held under the authority of this Section.

(e) In the event that the judge fails to find the material in volved is obscene within the meaning of Code Section 26-2101, he shall enter judgment accordingly and dismiss the complaint. Should the respondent fail to appear or the judge find that said material is obscene within the meaning of Code Section 26-2101, the judge
shall enter judgment accordingly and issue a warrant to search for and seize said material. The warrant shall describe with reasonable certainty the person, premises or other place to be searched and the material for which the search is to be made and which is to be
seized. The warrant must be signed by the issuing judge and bear the date and hour of its issuance above his signature.

(f) Evidence of any hearing held pursuant to this Section shall be competent and admissible in any criminal action charging the violation of any provision of Code Section 26-2101, against any person, firm or corporation that was a respondent in such hearing, and involving the same or substantially the same material declared to be obscene under the provisions of this Section, as bearing on the issue of scienter.

(g) Any respondent described in this Section who shall violate any provision of this Section or any order issued under any provision of this Section shall be subject to punishment, by the court, as for contempt.

(h) No person, firm or corporation shall be arrested or indicted for any violation of a provision of Code Section 26-2101 unless such person, firm or corporation engages in conduct prohibited by a provision of this Code Section or Code Section 26-2101 involving the same, or substantially the same, material previously determined
obscene in a civil adversary proceeding, as provided in this Section, and provided such person, firm or corporation was a respondent, as defined in this Section, to such civil adversary proceeding.

(i) Any person, firm or corporation which is given written notice by registered mail of the filing of the complaint and of the judgment of the court as provided for in this Section shall be deemed a respondent and shall be bound by the judgment of the court.

(j) The State or any respondent may appeal from a judgment. Such appeal shall not stay the judgment. If any respondent engages in conduct prohibited by this Act subsequent to notice of the judg ment finding the material to be obscene, he shall be subject to crimi nal prosecution notwithstanding the appeal from the judgment.

MONDAY, MARCH 24, 1975

3799

(k) Any person, firm or corporation which is disseminating or which may disseminate the material challenged by the civil pro ceeding provided for in this Section may intervene in said pro ceeding as a matter of right. Said intervenor shall have all the rights of a respondent and shall be bound by the judgment.' "

The following amendment to the Hatcher Amendment was read and adopted:
Representative Walker of the 115th moves to amend the Walker Amendment to SB 169 by deleting the words "if available without pur chase or seizure" on lines 15 and 16, page 2 and substituting in lieu thereof the words "if available".

The following amendment to the Hatcher Amendment was read and adopted:
Representative Larsen of the 119th moves to amend the Walker Amendment to SB 169 by striking "and" from line 12, Page 4; by changing the period on line 18, page 4, to a semi-colon; and by adding after line 18, page 4, the following:
"(6) deny supersedeas in event of appeal if the court has de termined the material to be obscene."

The Hatcher Amendment, as amended, was lost.

The following amendments were read and adopted:
Representative Russell of the 53rd moves to amend SB 169 by adding at the end of Section 3:
"If this Act is found unconstitutional, it is the intention of the General Assembly that the status of the law affected by its provi sions shall be the same as if this Act never became law."
Representatives King of the 96th and Russell of the 53rd move to amend SB 169 as follows:
At page 3, line 26, strike the letter "(f)" and make the said Sub section (f) into Section 2.
And renumber Section 2 and Section 3 accordingly.
Representative Mullinax of the 69th moves to amend SB 169 by striking the word "man" on line 4, page 2, and inserting in lieu thereof the word "person".

An amendment, offered by Representative Hill of the 127, was read and lost.

3800

JOURNAL OF THE HOUSE,

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

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

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Bailey Banks Bargeron Battle Baugh Beck Beckham
Berry Blackshear Bolster Bowman Bray Buck Burruss Burton Calhoun Carnes Carr Carrell Carter Castleberry Chance Childers Clark, L. Clifton Cole Coleman Collins Colwell Connell Cooper Cox Crawford Culpepper Davis Dixon Dover Edwards, C. W. Edwards, W. Egan Evans, B. Evans, W. D. Felton

Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glanton Greer Ham Harden Harris, B. B. Harris, J. F. Harrison Hatcher Hays Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.
Lee Leggett Leonard Linder Logan Long Mann

Marcus Matthews, D. R. McCollum McDonald Miles Milford Mostiler Mullinax Nessmith Nix Noble Owens Oxford Parham Parrish Patten, G. C. Patten, R. L. Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Ray Reaves Richardson Ross Russell, J. Russell, W. B. Sams Shanahan Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Tag-gart Thomason Thompson Tolbert Triplett Tucker Twiggs

Vaughn Waddle Walker Wall

MONDAY, MARCH 24, 1975

3801

Ware Watson West

Whitmire Wilson Wood

Those voting in the negative were Representatives:

Alexander Brown Childs Clark, Betty Daugherty Dean

Dent Glover Hamilton Hawkins Hill, B. L. Lucas

McKinney Parkman Randall Scott White Williams

Those not voting were Representatives:

Carlisle Elliott Harris, J. G. Hill, G. Knight

Matthews, C. Peters Rainey Rush Toles

Townsend Wheeler Williamson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 148, nays 18.

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

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 598. By Representative Burruss of the 21st:
A Bill to amend the Georgia State Speech Pathology and Audiology Licensing Act, so as to provide additional circumstances under which a license may be granted to certain applicants; and for other purposes.

The following Senate amendment was read:
Senate Amendment to HB 598:
Amend HB 598 by adding on Page 2, line 1 after the word "board" the following:
"The Board may waive the examination and grant a license upon payment of fees to applicants who present proof of current certifica tion by Georgia State Department of Education or current licensure in a state or county whose requirements for licensure are sub stantially equivalent to those of this Act."

3802

JOURNAL OF THE HOUSE,

Representative Burruss of the 21st moved that the House agree to the Senate amendment to HB 598.

On the motion to agree, the ayes were 99, nays 0.

The Senate amendment to HB 598 was agreed to.

HB 890. By Representative Collins of the 144th:
A Bill to regulate the storage and sale of flue-cured tobacco unsold in the year of production and stored for sale in the subsequent selling season; and for other purposes.

The following Senate amendment was read:
The Senate offers the following amendment:
Amend HB 890 by striking from Page 2, lines 29 and 30, the follow ing:
"a standard fire and extended coverage insurance policy for the full market value of",
and inserting in lieu thereof the following:
"an insurance policy against loss or damage by fire and such other perils as are commonly insured against under extended cover age provisions, for its full value, upon the best terms obtainable by individual or reporting form blanket policies on".

Representative Collins of the 144th moved that the House agree to the Senate amendment to HB 890.

On the motion to agree, the ayes were 99, nays 0.

The Senate amendment to HB 890 was agreed to.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

MONDAY, MARCH 24, 1975

3803

HB 1. By Representatives Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th, and others:
A Bill to provide for a rebate or credit against Georgia income taxes for the amount of certain ad valorem tangible property taxes paid by an individual or attributable to an individual.

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

HB 1. By Representatives Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th and others:
A Bill to provide for a rebate or credit against Georgia income taxes for the amount of certain ad valorem tangible property taxes paid by an individual; and for other purposes.

The following Senate amendments were read:
Senate Amendment No. 1: The Senate offers the following amendment:
Amend HB 1 by adding on Page 2, line 4 after the word "State", the words "for the immediately preceding year.",
and
By deleting, from Page 2, lines 7 and 8 the words "for the im mediately preceding year".,"
and
By adding on Page 3, line 4, after the word "State", the words "for the immediately preceding year.",
and
By deleting from Page 3, lines 30 and 31, the words "or combination of credits in all counties of the State of Georgia,",
Senate Amendment No. 2: The Senate offers the following amendment to HB 1:
By deleting the last two sentences of subsection (a.) of Section 4, and substituting in lieu thereof the following:
"A property owner who shall own property in more than one county shall not receive credits which shall in the aggregate exceed

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JOURNAL OF THE HOUSE,

$1,000. Such a property owner shall not be granted a credit against taxes due on property in any county other than the county in which he maintains his principal residence or the county in which the principal place of -doing business is located unless said taxpayer shall file with the tax commissioner or tax collector of the county in which a credit shall be authorized an affidavit which shall list all of the counties in which the taxpayer owns property and the re spective amount of credits otherwise authorized by this Act in each county. If the amount of such credits in the aggregate shall exceed $1,000, the taxpayer in said affidavit shall state which credits will be claimed in order to exhaust the total allowable credit under this Act." Any person who, with intent to receive credit not authorized by this Act, shall claim a credit to which he is not lawfully entitled or shall falsely certify the sum of credits claimed by him shall, upon conviction, be punished as for a misdemeanor. Any credit erroneously or illegally granted, whether due to negligence or any other cause, shall be recoverable by the county granting such credit in the same fashion as any other delinquent property tax."

Senate Amendment No. 3: The Senate moves to amend HB 1 as follows:

1. By adding in the title before the words "to provide an effective date" the following:

"to include provisions relative to projected anticipated revenue; to provide for the applicability of this Act in future years;".

2. By renumbering Sections 6, 7, 8, 9 and 10 as Sections 7, 8, 9, 10 and 11, respectively.

3. By adding a new Section 6 to read as follows:

"Section 6. No grants to counties shall be made pursuant to this Act until actual revenue collections as of September 1, 1975, can be used as a basis for projecting anticipated revenue for fiscal year 1975-76, and if such projected anticipated revenue is less than projections for anticipated revenue for fiscal year 1975-76, contained in the General Appropriations Act for fiscal year 1975-76, and if the surplus as of July 1, 1975, is not at least as large as the amount expected to have accrued by that date, than no grants to counties shall be made pursuant to the authority of this Act. The projections of anticipated revenue for fiscal year 1975-76, based on actual reve nue collections as of September 1, 1975, as provided for herein, shall be made by the Office of Planning and Budget and shall be offi cially certified to the Governor by the Director of the Office of Planning and Budget by not later than September 15, 1975. If grants to counties are made pursuant to the authority of this Act, the credits against county ad valorem property taxes provided for by Sections 2 and 3 of this Act shall be applicable for county ad valorem taxes for calendar year 1975. The provisions of this Section shall be applicable to each year in the future and the above months and dates shall be utilized in each year hereafter."

MONDAY, MARCH 24, 1975

3805

Senate Amendment No. 4: The Senate moves to amend HB 1 as follows:

By adding following the semicolon after the word "therewith" on line 5 of page 1 the following:

"to authorize taxpayers to refuse to accept such credit and to provide for the return of funds in the amount of the credit to the State treasury;".

By adding following Section 6 a new Section to be designated Section 7, to read as follows:
"Section 7. The taxing authority of each county receiving funds pursuant to this Act shall place in a prominent manner on the tax bill the following:

'( ) YES Do you refuse to accept the tax credit indicated ( ) NO on this bill so that the funds for such credit can
be used for other public purposes?'
If the taxpayer refuses to accept the tax credit by answering 'Yes' to the above question and by paying the entire tax bill without de ducting the credit, an amount of the funds allocated to the county pursuant to this Act equal to the tax credit for such taxpayer shall be returned by the county to the general fund of the State treasury."

By renumbering Sections 7, 8, 9 and 10 as Sections 8, 9, 10 and 11, respectively.

Senate Amendment No. 5: The Senate moves to amend HB 1 as follows:
By striking the first sentence in Section 5 and inserting in lieu thereof the following:

"The taxing authority of each county receiving funds pursuant hereto shall show in a prominent manner on the tax bill of each ad valorem taxpayer the dollar amount of credit against ad valorem property taxes which said taxpayer is receiving as a result of the funds herein allocated and shall show that such credit is a result of the passage of this Act by the General Assembly of Georgia."

Representative Collins of the 144th moved that the House disagree to the Senate amendments to HB 1.

The motion prevailed and the House disagreed to the Senate amendments to HB 1.

3806

JOURNAL OF THE HOUSE,

Under the general order of business established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 342. By Senators Howard of the 42nd and Langford of the 51st:
A Bill to amend an Act completely revising the laws of this State re lating to game and fish, so as to change certain provisions applicable to the confiscation of commercial fishing boats; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.

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

The following Resolution of the House was read:

HR 427. By Representative Lambert of the 112th:
A RESOLUTION
To amend HR 3; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that HR 3 is hereby amended by adding a new paragraph at the end of PART IV. to read as follows:
"Pursuant to the provisions of law, in addition to the amount he receives as salary as a member of the General Assembly, the Administration Floor Leader shall receive an amount of twentyfour hundred dollars ($2,400.00) per annum, as salary, to be paid in equal monthly or semimonthly installments."

On the adoption of the Resolution, the ayes were 101, nays 2.
The Resolution was adopted.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker:
The Senate has disagreed to the House amendment to the following Bill of the Senate, to-wit:

MONDAY, MARCH 24, 1975

3807

SB 285. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A Bill to declare unfair or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; to provide for the creation of a Consumer Advisory Board; to name the Administrator; to authorize the Administrator to conduct investigations; to provide for severability.

The Senate insists on its amendments to the following Bill of the House, to-wit:

HB 754. By Representatives Murphy of the 18th, Snow of the 1st, Harris of the 8th, and Collins of the 144th:
A Bill to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel so as to provide for the organization of the Committee; to provide for powers and authority of the Committee; to provide for duties and authority of the Legislative Counsel; to provide for legal services.
The following Resolutions of the House were read and adopted:

HR 312. By Representatives Logan of the 62nd, Matthews of the 63rd, Ross of the 76th and Gignilliat of the 122nd:
A RESOLUTION
Urging the House University System of Georgia Committee to study a certain provision of law and report thereon to the General Assembly; and for other purposes.
WHEREAS, a provision of the 1937 Act establishing the State Board of Education requires the State Board of Education to prescribe standards and requirements for universities, colleges, normal or pro fessional schools conferring degrees or issuing diplomas in this State; and
WHEREAS, this provision of the law (unofficially codified as Georgia Code Ann. Section 32-415) is inconsistent with the duties and authority of the State Board of Education under more current provisions of State law; and
WHEREAS, the authority of the State Board is limited under said law, and it cannot be effectively enforced; and
WHEREAS, the University System of Georgia Committee should study the need for this law, and if it is needed, said Committee should determine the appropriate State agency to administer the law and revise such law in such manner as may be necessary to make the same more effective.

3808

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the House University System of Georgia
Committee is hereby urged to make the studies hereinabove described and make a report of its findings, including proposed legislation that might be recommended, to the General Assembly prior to the convening of the 1976 session of the General Assembly.

HR 316. By Representatives Davis, Ray and Tolbert of the 56th:
A RESOLUTION
Authorizing and inviting Miss Debi McGill to appear before the House; and for other purposes.
WHEREAS, Miss Debi McGill is a fine and outstanding young Georgian who has been selected to be Miss Metro Atlanta Teenager 1975; and
WHEREAS, Miss McGill desires to make a personal presentation to the House concerning her views of "What's Right with America".
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Miss Debi McGill is hereby authorized and invited to appear before the House on such time and date as determined by the Speaker, for the above mentioned purpose.
BE IT FURTHER RESOLVED that the rule of the House be waived for a period not to exceed ten minutes so as to permit such presentation.
BE IT FURTHER RESOLVED that the Speaker of the House appoint a committee of three persons to escort Miss McGill into the Chambers of the House of Representatives.

HR 399. By Representatives Logan of the 62nd and Knight of the 67th:
A RESOLUTION
Relating to county and municipal business licenses; and for other purposes.
WHEREAS, business licenses were originally issued by the various counties and municipalities of this State for regulatory purposes; and
WHEREAS, it now appears that some counties and municipalities are issuing business licenses for revenue raising purposes; and
WHEREAS, it is not clear that the counties and municipalities of this State have the authority to issue business licenses for revenue raising purposes; and

MONDAY, MARCH 24, 1975

3809

WHEREAS, a comprehensive and exhaustive study should be under taken by the General Assembly to determine if the counties and munici palities have the statutory authority to issue business licenses for revenue raising purposes and to also determine if standard business license fees should be fixed by the General Assembly for all classes and types of businesses.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker of the House of Representatives is hereby requested to appoint a committee to study the subject of county and municipality business license fees and submit a report containing their findings and recommendations to the 1976 Session of the General Assembly.

HR 400. By Representative Holmes of the 39th:
A RESOLUTION
Commending the Urban Affairs and Urban Transportation Project of Atlanta University; and for other purposes.
WHEREAS, the Urban Affairs and Urban Transportation Project of Atlanta University was established in 1970 as a research and educa tional program to provide training in the field of urban transportation; and
WHEREAS, the Urban Affairs and Urban Transportation Project has been of invaluable aid to the citizens of Southwest Atlanta con cerning the Westside Corridor Access Study; and
WHEREAS, its Director, Dr. Sidney Davis, and Research Associates, Ms. Rickie Gilliard, Bill Fletcher, Richard Prather and Leroy Rankin, and the Administrative Assistant, Ms. Gloria Bayton, have been working diligently and tirelessly in cooperation with residents of all quadrants of the City of Atlanta to improve the metropolitan area transportation plan; and
WHEREAS, the Urban Affairs and Urban Transportation Project has held several institutes and published numerous monographs that have investigated transportation problems and the need of greater citizen involvement in developing solutions to these problems; and
WHEREAS, the Project has been a valuable resource to the entire Atlanta community in continuing the long tradition of Atlanta Uni versity's service to the community.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby recognize and com mend the Urban Affairs and Urban Transportation Project of Atlanta University for its fine service to the residents of the City of Atlanta.

3810

JOURNAL OF THE HOUSE,

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. Sidney Davis and to the Urban Affairs and Urban Transportation Project of Atlanta University.

HR 401. By Representatives Beckham of the 89th, Miles of the 86th, Sams of the 90th and others:
A RESOLUTION
Commending the Honorable Moye L. Daniel; and for other purposes.
WHEREAS, the Honorable Moye L. Daniel has served the people of Richmond County for 16 years in various capacities; and
WHEREAS, the Honorable Moye L. Daniel served on the Richmond County Commission for many years; and
WHEREAS, the Honorable Moye L. Daniel now serves as the Treasurer of Richmond County; and
WHEREAS, the Honorable Moye L. Daniel has never failed to ex ercise judicious oversight of the funds and expenditures of Richmond County; and
WHEREAS, the Honorable Moye L. Daniel has instituted many worthwhile practices and procedures to ensure the proper expenditure of the public funds of Richmond County; and
WHEREAS, the Honorable Moye L. Daniel is retiring from the office of Treasurer of Richmond County.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Honorable Moye L. Daniel is hereby commended for his long and faithful service to the people of Richmond County.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the Honorable Moye L. Daniel.

HR 402. By Representatives Gignilliat of the 122nd, Logan of the 62nd, Battle of the 124th and others:
A RESOLUTION
Expressing appreciation to Mr. Joseph W. Aull; and for other purposes.

MONDAY, MARCH 24, 1975

3811

WHEREAS, Mr. Joseph W. Aull is the Legislative Administrative Assistant with the Georgia Educational Improvement Council; and

WHEREAS, Mr. Aull, as part of his responsibilities, provides re search assistance and counsel to the University System of Georgia Committee; and

WHEREAS, Mr. Aull has performed these duties in a highly moti vated, efficient and effective manner; and

WHEREAS, in the outstanding performance of his duties, Mr. Aull has not only rendered great service to this committee, but to the Georgia General Assembly and the citizens of Georgia; and

WHEREAS, it is the desire of the Georgia House of Representatives to acknowledge with grateful appreciation his sense of dedication to his job.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express grateful appreciation to Mr. Joseph W. Aull for outstanding service rendered to the General Assembly and to the State of Georgia and its citizens.

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. Joseph W: Aull and to the Georgia Educational Improvement Council.

HR 403. By Representatives Wood of the 9th, Milford and Clark of the 13th and others:
A RESOLUTION
Commending the Honorable W. M. "Bill" Williams; and for other purposes.
WHEREAS, Honorable W. M. "Bill" Williams has had a distin guished career as a member of the Georgia General Assembly repre senting Hall County from the time of his initial term in 1955 through his term ending in 1974; and
WHEREAS, he has been one of the most distinguished members of the House of Representatives, and his service to the State as Chairman of the House Banks and Banking Committee has been exceptional; and
WHEREAS, the General Assembly and the House of Representatives in particular profited greatly from his leadership and service, and his colleagues sincerely miss him during the 1975 regular session.

3812

JOURNAL OP THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE NINTH DISTRICT LEGISLATIVE ASSOCIATION that the members of this association do hereby commend and congratulate Honorable W. M. "Bill" Williams for his outstanding public service to the citizens of Hall County and the entire State during his tenure as a member of the Georgia House of Representatives.

BE IT FURTHER RESOLVED that the members of this associ ation do hereby extend to him their best wishes for continued success and good fortune in his future endeavors.

HR 404. By Representative Gammage of the 17th:
A RESOLUTION
Expressing regrets at the passing of Mr. Donald W. Schmidt II; and for other purposes.
WHEREAS, Mr. Donald W. Schmidt II, of Cedartown, Georgia, passed away on March 17, 1975; and
WHEREAS, Mr. Schmidt was serving as a legislative aide during the 1975 session of the General Assembly, and he performed all his duties with outstanding distinction; and
WHEREAS, his outstanding service to the House of Representatives had greatly lightened the burdens of this body; and
WHEREAS, Mr. Schmidt was very active in the affairs of his com munity and was well liked by everyone, and his contributions to the community will be sorely missed.
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 Mr. Donald W. Schmidt II.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby directed to transmit an appropriate copy of this resolution to the family of Mr. Donald W. Schmidt II.

HR 405. By Representative Kilgore of the 65th:
A RESOLUTION
Commending Miss Vicki Susan James; and for other purposes.
WHEREAS, Miss Vicki Susan James of Douglas County has re cently won the Georgia State Spelling Championship; and

MONDAY, MARCH 24, 1975

3813

WHEREAS, Miss James is the lovely and talented daughter of Mr. and Mrs. Ed James of Lithia Springs; and

WHEREAS, "Susie", as she is known by all of her friends, is very active in the affairs of her community and school and is well-liked by everyone; and

WHEREAS, it is the desire of the members of this Body to recognize Miss James for her outstanding accomplishments and achievements.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Miss Vicki Susan James on winning the Georgia State Spelling Championship and wishes her every success in the future.

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 Miss Vickie Susan James.

HR 406. By Representatives Watson of the 114th and Waddle of the 113th:
A RESOLUTION
Commending Sheriff Cullen Talton, Chief W. H. "Pip" Rape and Chief Ernest Wood; and for other purposes.
WHEREAS, Sheriff Cullen Talton of Houston County, Chief W. H. "Pip" Rape of the Warner Robins Police Department and Chief Ernest Wood of the Warner Robins Fire Department acted in commendable fashion in response to the crisis caused by the tornado at Fort Valley; and
WHEREAS, they worked diligently to keep the public informed, to coordinate emergency efforts and to protect private property; and
WHEREAS, their dedicated effort prevented serious injuries, loss of life and other calamity; and
WHEREAS, it is only fitting and proper that this Body recognize the outstanding contributions and dedicated actions of these individuals.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Sheriff Cullen Talton, Chief W. H. "Pip" Rape and Chief Ernest Wood for their outstanding service to the people of Fort Valley area during the recent disaster.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit appropriate copies of this resolution to Sheriff Cullen Talton, Chief W. H. "Pip" Rape and Chief Ernest Wood.

3814

JOURNAL OP THE HOUSE,

HR 407. By Representatives Hawkins of the 50th, Jordan of the 58th, Russell of the 53rd, Richardson of the 52nd and Vaughn of the 57th:

A RESOLUTION

Expressing sympathy at the passing of Mrs. Margaret Zattal Roan; and for other purposes.

WHEREAS, Mrs. Margaret Zattal Roan passed away on Tuesday, March 18, 1975; and

WHEREAS, Mrs. Roan was a graduate of Wesleyan College and she studied music at the Julliard School of Music and completed an in ternship in music therapy at Eloise Hospital in Michigan; and

WHEREAS, Mrs. Roan pioneered the use of music therapy in the treatment of emotionally disturbed children in the south and southeast; and

WHEREAS, she was extremely active in the political, civic and educational affairs of her community and State; and

WHEREAS, everyone who knew Mrs. Margaret Zattal Roan mourns her passing but takes pride in the memory of the high ideals which she exemplified throughout her entire life.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby ex press their deepest regrets at the passing of Mrs. Margaret Zattal Roan and extend their heartfelt sympathy to the members of her family.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this resolution to the family of Mrs. Margaret Zattal Roan.

HR 408. By Representative Marcus of the 26th and Egan of the 25th:
A RESOLUTION
Commending Post 140 of the American Legion of Atlanta, Georgia; and for other purposes.
WHEREAS, plans are being formulated in all parts of the United States for the participation of our citizens in the Bicentennial observance of the 200th Birthday of our Nation; and
WHEREAS, we are inspired and animated by the acts of patriotism of the Founding Fathers who pledged their lives and property, without

MONDAY, MARCH 24, 1975

3815

losing sacred honor; their names are forever enshrined in United States history as patriots of the highest order; and

WHEREAS, our Country was founded on helief in Almighty God and through these 200 years our fellow Georgians have manifested loyalty to and love of God, Country, Flag and State, and will continue to do so; and

WHEREAS, this Body looking to the past with pride and confidence to the future is gratified with the contributions made by our State during its existence; in the annals of its history are recorded many accomplishments and valuable contributions to the progress and economy of our Nation; and

WHEREAS, we members of this august Body in this hallowed Hall feel assured that our descendants will keep the Faith and perpetuate the fruits of the American Revolution; and

WHEREAS, Post 140 of the American Legion of Atlanta, Georgia, its Auxiliary and Squadron 140, Sons of the American Legion, were among the first groups commencing participation, generating involve ment of all citizens; and

WHEREAS, the theme of Post 140 for the Bicentennial is: "Our inspiration is from the past; our duty is to the present and our hope is in the future"; and

WHEREAS, Post 140 has displayed before cooperating organiza tions a replica of the first Stars and Stripes Flag taken into battle, August 16, 1777; also monthly at the U. S. Federal Court in Atlanta where newly-made citizens have indirectly participated in observance; and

WHEREAS, Post 140 will present the State of Georgia this replica Flag to be added to the Hall of Flags Museum of which Charles R. Moran of the Post was the originator.

NOW, THEREFORE, BE IT RESOLVED that the House of Repre sentatives of the State of Georgia heartily commends Post 140 of the American Legion of Atlanta, Georgia, for its outstanding activities in observance of the Bicentennial and for encouraging participation by all citizens.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to send an appropriate copy of this Resolution to the National Headquarters of the American Legion, and a printed copy of this Resolution to the State and National Archives, the State Bicentennial Commission, the American Revolution Bicentennial Commission, to Governor George Busbee, Lieutenant Zell Miller, and Secretary of State, Ben Fortson, and the local news media.

3816

JOURNAL OF THE HOUSE,

HR 409. By Representative Hatcher of the 131st:

A RESOLUTION

Expressing regret at the passing of the Honorable John C. Durham; and for other purposes.

WHEREAS, on March 20, 1975, the State of Georgia lost one of her finest and most distinguished citizens in the passing of the Honorable John C. Durham; and

WHEREAS, he dedicated his life to serving the people of Georgia and the people of Baker County in particular; and

WHEREAS, he served with distinction for two terms in the Georgia House of Representatives; and

WHEREAS, he served the people of this State as a member of the Georgia Bureau of Investigation; and

WHEREAS, he provided outstanding service to the people of Baker County as Chairman of the Board of Commissioners of Baker County; and

WHEREAS, he provided invaluable service to the people of Newton as Chief of Police of the City of Newton; and

WHEREAS, he was a dedicated husband and father and is survived by his widow, Mrs. Edna Durham, and his daughter, Peggy.

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

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to his widow, Mrs. Edna Durham, and his daughter, Peggy.

HR 410. By Representatives Jackson, Wood and Whitmire of the 9th:
A RESOLUTION
Commending Mr. Harold Smith; and for other purposes.
WHEREAS, Mr. Harold Smith has recently been named "Young Man of the Year" by the Gainesville Jaycees; and
WHEREAS, Mr. Smith is a very successful insurance man in the Gainesville area and is a past President of the Gainesville Jaycees; and

MONDAY, MARCH 24, 1975

3817

WHEREAS, he recently served as Chairman of the Community Chest Fund Drive which raised over $200,000.00 for vital charity work in the Gainesville area; and

WHEREAS, he and his family are very active in the religious, civic and public affairs of their community; and

WHEREAS, it is only fitting and proper that this Body recognize such an outstanding and dedicated citizen as Mr. Harold Smith.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Mr. Harold Smith for being chosen as the "Young Man of the Year" by the Gainesville Jaycees.

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. Harold Smith.

HR 411. By Representatives Mostiler and Carlisle of the 71st:
A RESOLUTION
Commending Mr. Billy Shapard; and for other purposes.
WHEREAS, Mr. Billy Shapard of Griffin, Georgia, has recently been named "Exchange Club Man of the Year"; and
WHEREAS, Mr. Shapard was born in Griffin, attended Griffin public schools and graduated from Auburn University majoring in textiles; and
WHEREAS, he is Vice President and Chief Executive Officer of American Mills, and under his leadership the company has expanded rapidly with a modern plant in Griffin and two branches in Jackson and Gordon; and
WHEREAS, he is very active in community affairs, having served as President of the Griffin Area Chamber of Commerce, President of the Griffin-Spalding County United Fund and Chairman of the Empty Stocking Fund; and
WHEREAS, it is only fitting and proper that this Body recognize such an outstanding and dedicated citizen as Mr. Billy Shapard.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Mr. Billy Shapard for being named "Exchange Club Man of the Year."

3818

JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Mr. Billy Shapard.

HR 412. By Representatives Mostiler and Carlisle of the 71st:
A RESOLUTION
Commending Mr. Hubert Langford; and for other purposes.
WHEREAS, Mr. Hubert Langford has received the Fayette County News "Citizen of the Year" Award; and
WHEREAS, Mr. Langford is serving his sixth consecutive term as Mayor of Brooks; and
WHEREAS, Mayor Langford has been chiefly responsible for a water system, street lights, organization of a fire department and ambu lance service for his community; and
WHEREAS, he is very active in the affairs of his community, having served as President of the Kiwanis Club, Chairman of the March of Dimes Campaign and as a charter member of the Fayette Chamber of Commerce; and
WHEREAS, Mayor Langford's leadership has provided guidance that has made the Brooks community a highly desirable place to live, work and play.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby congratulate and commend Mr. Hubert Langford on his outstanding public service and for receiving the Fayette County News "Citizen of the Year" Award.
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. Hubert Langford.

HR 413. By Representative Adams of the 79th:
A RESOLUTION
Commending Mr. Barry Joseph Brown; and for other purposes.
WHEREAS, Mr. Barry Joseph Brown, outstanding student at Robert E. Lee Institute, has recently been named the 1975 3rd District STAR Student; and
WHEREAS, Mr. Brown is the son of Mr. and Mrs. Aubrey Brown of Thomaston; and

MONDAY, MARCH 24, 1975

3819

WHEREAS, STAR Students are chosen each year on the basis of their scores on the College Board Scholastic Aptitude Test and scholastic averages for the first semester of the Senior year; and

WHEREAS, Mr. Brown and his teacher, Mr. James Baskin, will be honored in Atlanta on April 17, at which time the State STAR Student will be announced; and

WHEREAS, it is only fitting and proper that Mr. Barry Joseph Brown be recognized for his outstanding scholastic achievements.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Mr. Barry Joseph Brown for being selected as the 1975 3rd District STAR Student and wishes him every success in the State STAR Student contest.

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. Barry Joseph Brown.

HR 414. By Representative Adams of the 79th:
A RESOLUTION
Commending the Robert E. Lee Rebels Basketball Team; and for other purposes.
WHEREAS, the Robert E. Lee Rebels Basketball Team of Thomaston, Georgia, won the 1974-75 Region 6 AAA Championship; and
WHEREAS, the Rebels compiled a season record of 72 wins and 3 losses and finished third in the State AAA Championship; and
WHEREAS, the members of the team displayed amazing offensive and defensive talents and outstanding rebounding ability; and
WHEREAS, the admirable record compiled by this team can only be attributed to the dedication, drive and outstanding physical condition ing of the members of the team and to the outstanding coaching ability of Coach Wallace Rhodes.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate the Robert E. Lee Rebels Basketball Team of Thomaston, Georgia, for its outstanding season and for winning the Region 6 AAA Championship.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro-

3820

JOURNAL OF THE HOUSE,

priate copy of this Resolution to Coach Wallace Rhodes of Robert E. Lee Institute.

HR 415. By Representatives Gamniage of the 17th and Murphy of the 18th:
A RESOLUTION
Commending Dr. Donald W. Schmidt; and for other purposes.
WHEREAS, Dr. Donald W. Schmidt of Cedartown, Georgia, at tended the University of South Carolina and graduated from the Medical College of Georgia in 1949; and
WHEREAS, Dr. Schmidt served in the Medical Corps of the United States Naval Reserve and is a retired Lieutenant Commander; and
WHEREAS, he is very active in local, State and national affairs and has held many positions of leadership, including Chairman of the Polk County Board of Health, Vice President of the Cedartown Chamber of Commerce, President of the Cedartown Lions Club, Vice President of the Georgia Lions Lighthouse Foundation, Director on Lions Inter national Board and Counselor for Medical Association of Georgia; and
WHEREAS, this energetic and dynamic citizen has compiled an amazing record of service to the State while carrying on a busy practice of medicine and surgery in Cedartown; and
WHEREAS, Dr. Schmidt has served the people of Cedartown and the State far beyond the call of duty, and it is only fitting and proper that he be recognized for his outstanding achievements.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Dr. Donald W. Schmidt on his outstanding public service and achievements and wishes him continued success and good will.
BE IT FURTHER RESOLVED that the Clerk of the House of representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Dr. Donald W. Schmidt.

HB 416. By Representatives Patten of the 146th, Matthews of the 145th, Sizemore of the 136th and others:
A RESOLUTION
Commending Eloise H. Scarborough; and for other purposes.
WHEREAS, Eloise H. Scarborough, the City Clerk and Treasurer of the City of Tifton, has recently been awarded the designation of

MONDAY, MARCH 24, 1975

3821

Certified Municipal Clerk by the International Institute of Municipal Clerks Association; and

WHEREAS, the designation is in recognition of a high degree of professional proficiency and educational experience possessed by Mrs. Scarborough; and

WHEREAS, Mrs. Scarborough is one of the most outstanding and distinguished public servants of this State; and

WHEREAS, it is the desire of this body to recognize the outstand ing professional competence of Mrs. Scarborough.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Mrs. Eloise H. Scarborough upon her recognition as a Certified Municipal Clerk, the only female in the State of Georgia to achieve this distinction.

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. Eloise H. Scarborough.

HR 417. By Representatives Patten of the 146th, Matthews of the 145th, Sizemore of the 136th and others:
A RESOLUTION
Commending W. T. McCall; and for other purposes.
WHEREAS, W. T. McCall will retire on March 31 as the Fire Chief for the City of Tifton; and
WHEREAS, upon his retirement, Chief McCall will culminate a career which spans forty-one years as a firefigh'ter; and
WHEREAS, during Chief McCall's long and distinguished career, he has proven to be one of this State's most dedicated public servants; and
WHEREAS, Chief McCall has demonstrated an unparalleled devo tion to duty during his period of public service but, in particular, that period which he has served as Fire Chief of the City of Tifton.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate W. T. McCall upon his long, active and distinguished career as one of this State's most outstanding public- servants.
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 Fire Chief W. T. McCall.

3822

JOURNAL OF THE HOUSE,

HR 418. By Representatives Wood, Whitmire and Jackson of the 9th:

A RESOLUTION

Commending L. D. Lawson; and for other purposes.

WHEREAS, L. D. Lawson has been an outstanding leader in the business, civic and religious life of Gainesville and Hall County; and

WHEREAS, L. D. Lawson has provided leadership, guidance and encouragement to any worthwhile cause for which he has been requested to participate; and

WHEREAS, L. D.'Lawson has served as the President of the Candler Elementary and Gainesville High School P.T.A., President of the Gainesville Lions Club, and Master of his Masonic Lodge; and

WHEREAS, L. D. Lawson has distinguished himself throughout his entire life as one of this State's most outstanding citizens.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate L. D. Lawson upon his many contributions to his community and State, and for achieving a status as one of this State's most dis tinguished citizens.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Mr. L. D. Lawson.

HR 419. By Representative Gammage of the 17th:
A RESOLUTION
Expressing regrets at the passing of Mr. Joe L. Campbell; and for other purposes.
WHEREAS, Mr. Joe L. Campbell served with distinction as the Night Captain of the Rockmart Police Department until his death March 21, 1975; and
WHEREAS, he was highly regarded and respected by the residents of Rockmart for his effective and efficient law enforcement work; and
WHEREAS, he repeatedly and without thought for his own personal safety risked his own life to protect the lives and property of the citizens of Rockmart; and
WHEREAS, he was extremely well liked by the residents of Polk County and his contributions to the community will be sorely missed; and

MONDAY, MARCH 24, 1975

3823

WHEREAS, Mr. Campbell's dedication to his duties should be an inspiration to all Georgians in developing respect for law and order.
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 Mr. Joe L. Campbell of Polk County.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the family of Mr. Joe L. Campbell.

HR 420. By Representative Gammage of the 17th:
A RESOLUTION
Commending the Cedartown Exchange Club Basketball Team; and for other purposes.
WHEREAS, the Cedartown Exchange Club Basketball Team, made up of boys 12 years old and younger, has won the State Basketball Championship for three consecutive years; and
WHEREAS, the team is known not only for its winning records, but also for the outstanding sportsmanship of the players; and
WHEREAS, the members of the team displayed amazing offensive and defensive talents and outstanding rebounding ability; and
WHEREAS, the admirable record compiled by this team can only be attributed to the dedication, drive and outstanding physical condition ing of the members of the team and to the exceptional coaching ability of Coach Phillip Gammage and Coach Forrest McCombs.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate the Cedartown Exchange Club Basketball Team for its out standing record and for winning the State Basketball Championship for boys 12 years old and younger.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Coach Phillip Gammage and to Coach Forrest McCombs.

HR 421. By Representative Hawking of the 50th:
A RESOLUTION
Commending the Lions Clubs of Georgia and their annual Peach Bowl Classic; and for other purposes.

3824

JOURNAL OF THE HOUSE,

WHEREAS, the Lions of Georgia is an organization with thousands of members across the State of Georgia; and

WHEREAS, the Lions of Georgia have formed the Georgia Lions Lighthouse Foundation whose goal, since its inception in 1949, has been to prevent blindness--through medication, corrective glasses, or surgery, and eventually through providing an eye research center that is second to none in the world; and

WHEREAS, in the pursuit of this goal, the Lions Lighthouse Foundation formed in 1968 the Annual Peach Bowl Football Classic which would generate, through the color and pageantry of college foot ball, new funds for research and eye treatment; and

WHEREAS, the Peach Bowl Football Classic has become a shining sports spectacle for all America to see Georgia, and has provided large sums of money to "aid in the preservation of sight and the prevention of blindness; to conduct research into the causes of eye deficiency and failure; and to aid the blind"; and

WHEREAS, through the work of the Georgia Lions, and the Peach Bowl Organization, thousands of people can now see better, and their reputation of being among Georgia's finest has become known and revered throughout this nation and the world.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby extends its highest com mendation to the Lions of Georgia and the Peach Bowl Organization, who have provided a high standard of excellence in the pursuit of the prevention and care of blindness, and in this pursuit provided an example of dedication for all the world to follow.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the President of the Georgia Lions, the Georgia Lions Lighthouse, Inc., and the Peach Bowl Organization.

HR 422. By Representatives Bailey, Johnson, Lee and West of the 72nd:
A RESOLUTION
Commending Honorable Joseph B. Mundy; and for other purposes.
WHEREAS, Honorable Joseph B. Mundy has performed outstanding service as Clerk of the Superior Court of Clayton County for the past 18 years; and
WHEREAS, in recognition of his ability and dedication, he currently serves as President of the Superior Court Clerks Association of Georgia; and

MONDAY, MARCH 24, 1975

3825

WHEREAS, he served as Vice President of said Association before being named President for the current year; and

WHEREAS, he is widely admired and respected by his many friends and colleagues throughout the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby com mend Honorable Joseph B. Mundy, Clerk of the Superior Court of Clayton County, for his many outstanding accomplishments.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Honorable Joseph B. Mundy.

HR 423. By Representatives Bailey, Johnson, Lee and West of the 72nd:
A RESOLUTION
Commending Honorable Robert A. Deyton; and for other purposes.
WHEREAS, Honorable Robert A. Deyton serves with outstanding ability as the Sheriff of Clayton County; and
WHEREAS, he is currently serving as the First Vice President of the Georgia Sheriffs Association; and
WHEREAS, Sheriff Deyton is one of the originators of the Junior Sheriff Program which has made outstanding contributions to the wel fare of the youth of our State; and
WHEREAS, Sheriff Deyton is a strong supporter and a very active participant in the Georgia Sheriffs Boys Ranch which is one of the finest programs in the State of Georgia; and
WHEREAS, Sheriff Deyton is recognized as a leader and a man of great integrity in his community and throughout the State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend Honorable Robert A. Deyton, Sheriff of Clayton County, for his many outstanding accomplishments.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Honorable Robert A. Deyton.

3826

JOURNAL OF THE HOUSE,

HR 424. By Representatives Bailey, Johnson, Lee and West of the 72nd:

A RESOLUTION

Commending Honorable Harold R. Banke; and for other purposes.

WHEREAS, Honorable Harold R. Banke, Chief Judge of the Superior Court of the Clayton Judicial Circuit, is recognized as one of the out standing jurists of our State; and

WHEREAS, Judge Banke serves with great honor and distinction as President of the Superior Court Judicial Council of Georgia; and

WHEREAS, he has an excellent sense of civic duty and community responsibility and is active in many of the civic and religious affairs of his community; and

WHEREAS, for many years he has made an outstanding contribu tion to the Boy Scouts of America by participating in the Eagle Scouts Review Board for the Tara District of Clayton County; and

WHEREAS, Judge Banke is admired and respected for his honesty, integrity and ability throughout the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend Honorable Harold R. Banke, Chief Judge of the Superior Court of the Clayton Judicial Circuit, for his many outstanding accomplish ments.
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 Judge Harold R. Banke.

HR 425. By Representatives Bailey, Johnson, Lee and West of the 72nd:
A RESOLUTION
Commending Honorable Milton D. Worsham; and for other purposes.
WHEREAS, Honorable Milton D. Worsham serves with outstanding ability and dedication as the Tax Commissioner of Clayton County; and
WHEREAS, in recognition of his great abilities, he has served as President of the Georgia Association of Tax Officials for the last two years; and
WHEREAS, prior to becoming President of said Association, he was very effective as the Chairman of the Legislative Committee of said Association; and

MONDAY, MARCH 24, 1975

3827

WHEREAS, he also serves with honor and distinction on the Executive Committee of the County Officers Association of Clayton County; and

WHEREAS, he is greatly admired and respected by his fellow tax officials and by his many friends in Clayton County and the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend Honorable Milton D. Worsham, Tax Commissioner of Clayton County, for his many outstanding accomplishments.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Honorable Milton D. Worsham.

HR 426. By Representatives McKinney of the 35th, Daugherty of the 33rd, Dean of the 29th and others:
A RESOLUTION
Commending the West Fulton High School Varsity Basketball Team on winning the State AA Championship; and for other purposes.
WHEREAS, the West Fulton High School Varsity Basketball Team has won the State A A Championship; and
WHEREAS, the championship is the culmination of an outstanding season of 25 wins and only six losses; and
WHEREAS, the team averaged 75 points per game; and
WHEREAS, the success of the team is indicative of the outstanding work of Head Coach Tevester Anderson, Sr., and the Assistant Coach Willie James Turner; and
WHEREAS, six members of the team are on the scholastic honor roll and three of the members are also members of the National Honor Society; and
WHEREAS, the members of the team are Keith Anderson, Henry Booker, Donald Brock, Anthony Gilbert, Kenneth Hall, Timothy Harris, Gregory Jackson, Mason Johnson, Emanuel Jones, Anthony Kempson, Leroy Merritt, Jimmy Millines, Ronald Monroe, Gregory Roberson and Larry Sims; and
WHEREAS, it is only fitting and proper that this outstanding team be commended for its outstanding accomplishments.

3828

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the West Fulton High School Varsity Basketball Team on winning the State AA Championship.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit appropriate copies of this resolution to the team, to Coach Anderson and to Coach Turner.

HR 428. By Representative Tucker of the 73rd:
A RESOLUTION
Commending Miss Andrea Stone; and for other purposes.
WHEREAS, Miss Andrea Stone, second grade student from J. B. Henderson School was crowned "Little Miss Queen of the Hearts" on Saturday, February 22, at McDonough Middle School auditorium; and
WHEREAS, little Miss Stone is the daughter of Mr. and Mrs. Mark Stone of Ola; and
WHEREAS, the delightful and pert Miss Stone was selected from a field of 40 contestants; and
WHEREAS, hosting the show was Andy Johnston of WSB-TV, and the judges were Secretary of State Ben Fortson, Mrs. Ester Smith of the Georgia Heart Association and Miss Melanie Chapman, a former Miss Georgia World.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Miss Andrea Stone for being selected as "Little Miss Queen of the Hearts" and wishes her every success in the future.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Miss Andrea Stone.

HR 429. By Representatives Edwards of the 20th, Burruss of the 21st, Foster of the 6th and many others:
A RESOLUTION
Expressing appreciation to the young ladies of the telephone center; and for other purposes.
WHEREAS, the young telephone ladies in attendance have greatly aided the members of the House of Representatives in placing and receiving their telephone calls during this session; and

MONDAY, MARCH 24, 1975

3829

WHEREAS, these young ladies, Miss Josephine Susong, Mrs. Allene Henderson, Mrs. Bobbie Woody and Mrs. Donna Snider, have cheerfully given their services through the facilities of the well-planned telephone center which has been provided by the Southern Bell Telephone and Telegraph Company.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that these above named young ladies be extended the warmest thanks of this House for their prompt, efficient, and untiring efforts in providing this most helpful service and convenience.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolu tion to the Southern Bell Telephone and Telegraph Company and to each of the young ladies as a token of the appreciation of this House.

HR 430. By Representatives Sweat of the 150th, Foster of the 152nd, Carter of the 146th and many others:
A RESOLUTION
Congratulating Honorable Harry "Casey Jones" Dixon on the occasion of his 50th Birthday; and for other purposes.
WHEREAS, The Honorable Harry Dixon has spent the last 14 of his 50 years in this House, perfecting and passing a magnitude of legisla tion that has influenced the lives of millions of Georgians; and
WHEREAS, Representative Dixon is known by many to have conducted on numerous occasions marathon conversations with individuals throughout the nation within the confines of a public telephone booth; and
WHEREAS, Representative Dixon is the most knowledgeable member of the General Assembly on four-plat cow whips, blue whistler barrels, three-legged wash pots, doodlebug sawdust, banty roosters, cane grindings, cane skimmings and cane buck; and
WHEREAS, his vast knowledge of these important subjects was recently recognized in an article by Celestine Sibley in The Atlanta Constitution; and
WHEREAS, when not attending to his legislative duties, he is a railroad engineer who faultlessly pilots locomotives through fog, hail and storm and all the various kinds of weather that fall on the State of Georgia; and
WHEREAS, he is one of the most respected and well liked members of the General Assembly and his many friends and colleagues wish to wish him a Happy Birthday.

3830

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable Harry "Casey Jones" Dixon is hereby enthusiastically congratulated on the occasion of his 50th Birth day.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Honorable Harry "Casey Jones" Dixon.

HR 431. By Representatives Beckham of the 89th, Hudson of the 37th, Carnes of the 43rd and many others:
A RESOLUTION
Commending the Honorable Dick Lane; and for other purposes.
WHEREAS, the Honorable Dick Lane has served with distinction in the House of Representatives since 1967; and
WHEREAS, the Honorable Dick Lane has never failed to espouse the principles of fiscal responsibility in government; and
WHEREAS, the Honorable Dick Lane has exerted sound leadership in the appropriations process; and
WHEREAS, the Honorable Dick Lane has provided valuable guid ance in matters involving physical fitness, health and recreation; and
WHEREAS, the Honorable Dick Lane has never ceased to conduct himself in a manner bringing credit on this House and the profession of public service.
NOW, THEREFORE, BE IT RESOLVED that the House of Representatives does hereby commend the Honorable Dick Lane for his long and honorable service as a member of this House.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the Honorable Dick Lane.

HR 432. By Representatives Lane of the 40th, Hatcher of the 131st, Carnes of the 43rd and others:
A RESOLUTION
Commending the Honorable Eugene Talmadge "Ted" Hudson; and for other purposes.
WHEREAS, the Honorable Eugene Talmadge "Ted" Hudson, the

MONDAY, MARCH 24, 1975

3831

Representative from the 137th, carries on the traditions of his longerhaired namesake as a member of this Body; and

WHEREAS, he has a great propensity for recognizing boogers in legislation; and

WHEREAS, he is an expect at discovering haints which were well hidden by department heads in their legislation; and

WHEREAS, he provided an invaluable service to this State by discovering ghosts which too frequently haunt seemingly justified legisla tion; and

WHEREAS, it is only fitting and proper that he be recognized as the biggest booger of them all.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Representa tive Eugene Talmadge "Ted" Hudson on his service to this Body in discovering boogers, haints and ghosts in proposed legislation and that this Body does hereby designate Representative Hudson as the biggest booger of them all.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed by the members of this Body to transmit an appropriate copy of this Resolution to Representative Hudson.

HR 433. By Representatives Waddle of the 113th, Watson of the 114th, Murphy of the 18th and others:
A RESOLUTION
Relative to the problems of epilepsy throughout Georgia; and for other purposes.
WHEREAS, there are 90,000 persons in Georgia who suffer from the disease of epilepsy; and
WHEREAS, in 80% of the cases the disease can be controlled through proper treatment, and epileptics can be self-sufficient, produc tive citizens of this State; and
WHEREAS, there are 18,000 epileptics in Georgia who urgently need medical treatment, including psychological counseling for the epileptics and their families; and
WHEREAS, the State is considering the establishment of a treat ment program for epileptics at Georgia Warm Springs Hospital which would be a pilot demonstration project unique to any in the nation; and

3832

JOURNAL OF THE HOUSE,

WHEREAS, leading medical authorities throughout the State are in favor of such a program for the treatment of epilepsy; and

WHEREAS, Jaycees across the State are conducting a public aware ness campaign emphasizing the need for training and research into the disease and the neeed for funds for such training, research and medical equipment.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body recognizes the problems of epilepsy throughout Georgia and is presently considering programs and projects which will improve the care and treatment of epileptic patients through out the State.

Speaker Pro Tern Burruss occupied the Chair intermittently this day, thus accounting for his absence from voting on some measures before the House.

Representative Russell of the 64th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, MARCH 25, 1975

3833

Representative Hall, Atlanta, Georgia Tuesday, March 25, 1975

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

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

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Banks Bargeron Battle Baugh Beck Beckham Berry Blackshear Bolster Bowman Bray Brown Buck Burruss Burton Calhoun Carlisle Games Carr Carrell Carter Castleberry Chance Childers Childs Clark, Betty Clark,L. Clifton Cole Coleman Collins Colwell Connell Cooper Cox Crawford Culpepper

Daugherty Da vis Dean Dent Dixon Dover Edwards, W. Egan Elliott Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glanton Glover Greer Ham Hamilton Harden Harris, B. B. Harris, J. F. Harrison Hatcher Hawkins Hays Hill B. L. Hill, G. Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin,R.
Irwin Jackson Jessup

Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Linder Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald McKinney Miles Milford Mostiler Mullinax Nessmith Nix Noble Owens Oxford Parham Parkman Parrish Patten, G. C.

3834
Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Ray Reaves Richardson Ross Rush Russell, J. Russell, W. B. Sams

JOURNAL OF THE HOUSE,

Scott Shanahan Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow
Stone Sweat Taggart
Thomason Thompson Tolbert Townsend Triplett

Tucker Twiggs Vaughn Waddle Walker Wall Ware Watson West
White Whitmire Williams
Williamson Wilson Wood Mr. Speaker

Those not answering were Representatives:

Harris, J. G. Matthews, C.

Toles

Wheeler

Prayer was offered by the Reverend Ralph H. Norman, Pastor, First Baptist Church, Manchester, Georgia.

Representative Nessmith of the 82nd, 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:

TUESDAY, MARCH 25, 1975

3835

HOUSE RULES CALENDAR

Tuesday, March 25, 1975

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Tues day, March 25, 1975, and submits the following:
SB 1. Motorized Bicycle, Registration SB 2. Motorized Bicycle, Exempt Inspection SB 7. Court Bailiffs, Change Maximum SB 9. Retirement Pension Bills; Attach Fiscal Notes SB 33. Health Code; Inspection Warrants SB 41. Incompetent Persons; Medical Treatment SB 54. Massage Business; limitations SB 59. Probate Court Retirement Secretary Treasurer Board of Com. SB 76. Blood Donation; Age Requirements SB 82. Teachers Retirement System; Local Ret. Fund SB 88. Marijuana; Unlawful to Sell, Dist., Mfg., Etc. SB 110. Death Testator, Devise of Realty SB 121. Dept. of Revenue, Legal Services SB 126. Interest on Loans; Lender Charge Service Fees SB 137. Criminal Proceedings; Grant Immunity SB 147. Banks; Provide for Branch Banks, Merger SB 148. Branch Banks, Within Adjacent Counties (Reconsidered) SB 152. Public Assistance; Overpayments-Recovery SB 156. Health Insurance Plan; State Personnel Board SB 163. Mentally Retarded Offenders; Education, Etc. SB 164. Hospital Records Confidential SB 165. Bail Bonds; Forfeit Failure to Appear SB 166. Rules of the Road; Right Turn on Red SB 178. Legal Holidays; Time for Observing SB 191. APEG, Teacher Allotments SB 195. State Agencies Documents; Update District Lists SB 197. Dept. Human Resources, DA's Fees Dept. Adm. Services SB 198. Theft of Services; Entering Automobile; Felony

3836

JOURNAL OF THE HOUSE,

SB 214. Lobbyists, Disclosure of Certain Actions SB 236. Funeral Service Apprentice, license SB 241. Overweight Vehicles; Damages-Payments SB 246. Real Estate Brokers; Solicitation-Unlawful SB 248. Warehouses or Storage Places, Relative to SB 255. Student Grants, Qualifications SB 262. Correctional Industries, Inmates Employed-pay SB 272. Board of Public Safety; Authority Over Police Academy SB 277. Industrial Loan Act; Relating to Penalties SB 291. Gambling, Participation in Any Letter; unlawful SB 294. Vital Records; Delayed Birth Cert. & Burial Permits SB 323. Bait Shrimping; bonds SB 336. Supervisor of Purchases; Director of Corrections SB 353. Off-Road Vehicles, Regulations SB 362. Motor Vehicles, Mechanics Liens SB 400. Towed House Trailers, Riding in; Regulations SR 7. EREG Senate Committee, Membership SR 57. Health Laws Study Committee; Create SR 84. Baldwin County; Convey State Owned Property SR 85. Baldwin County; Convey State Owned Property SR 99. Honeybee, Official State Insect SR 100. Fox Theater Bldg., relative to SR 139. Freeport Tax Study Committee; Create SR 140. Blue Laws Study Committee; Create SR 144. Convey Property Located in Lee & Dougherty Counties SR 151. Jenkins County; convey property SR 171. Designate Wayne County Bridge; "John Henry Lane, Jr."

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Lee of 72nd, Chairman.

TUESDAY, MARCH 25, 1975

3837

By unanimous consent, the rules were suspended to permit the following Bills of the House to be introduced, re~ad the first time and referred to the committees:

HB 1223. By Mr. Holmes of the 39th:
A Bill to regulate the automotive repair industry; to provide a short title ("Automotive Repair Act") ; to provide definitions; to provide for the enforcement and administration of this Act; to provide for rules and regulations; to provide for registration of automotive repair dealers; and for other purposes. Referred to the Committee on Industry.
HB 1224. By Mr. Phillips of the 91st:
A Bill to prohibit a person from administering or subjecting another person to organic therapy except under certain conditions; and for other purposes. Referred to the Committee on Judiciary.
HB 1225. By Mr. Ware of the 68th:
A Bill to amend Code Section 88-1706, relating to duties of local regis trars and local custodians, so as to provide that local registrars shall sub mit duplicate copies of death certificates to local custodians; to provide that local custodians may issue certified copies of duplicate death certifi cates submitted by local registrars under certain conditions; and for other purposes. Referred to the Committee on Health and Ecology.
HB 1226. By Representative Cole of the 6th:
A Bill to create the State Board of Examiners of Septic Tank Manu facturers; to provide a short title "Septic Tank Manufacturers Licensing Act"; and for other purposes. Referred to the Committee on Interstate Cooperation.

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

HB 1216. By Representatives Nix, Harrison and Edwards of the 20th, Cooper and Howard of the 19th, and Kreeger and Burruss of the 21st:
A Bill to amend Code Section 68A-706, relative to overtaking and passing a school bus, so as to provide that after stopping to allow children to disembark from the bus, it shall be unlawful for the driver of the school bus to proceed until all children who need to cross the roadway have done so safely; and for other purposes.

3838

JOURNAL OF THE HOUSE,

HB 1217. By Representatives Lambert of the 112th, Bray of the 70th, Beckham of the 89th, Foster of the 152nd, and Carlisle of the 71st:
A Bill to comprehensively and exhaustively revise, supersede and consoli date the laws relating to the collection and administration of gasoline, special fuel and compressed petroleum gas taxes; to provide a short title "Motor Fuel Tax Law"; and for other purposes.

HB 1218. By Representatives Smith of the 42nd, and Williamson of the 45th:
A Bill to provide for an additional term of imprisonment for persons convicted of certain crimes when, at the time of the commission of the crime, such person had in his possession a firearm; and for other pur poses.

HB 1219. By Representatives Smith of the 42nd, Williamson of the 45th, and Sams of the 90th:
A Bill to provide that it shall be unlawful for certain persons who have been convicted of a felony to possess a firearm; and for other purposes.

HB 1220. By Representatives Smith of the 42nd, Lane of the 40th, Adams of the 36th, Hudson of the 137th, Williamson of the 45th, Hill of the 41st, Burton of the 47th, and Patten of the 146th:
A Bill to assure academic freedom by requiring the teaching and presenta tion of special creation in public schools if the theory of evolution is taught; and for other purposes.

HB 1221. By Representatives Smith of the 42nd, Williamson of the 45th, and Hill of the 41st:
A Bill to amend Code Title 26, the Criminal Code of Georgia, so as to define the word "weapon"; to provide for a certain additional penalty for use of a weapon during the commission of a crime; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1222. By Representative Larsen of the 119th:
A Bill to amend an Act classifying property for taxation, approved Dec. 27, 1937, so as 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.

Representative Dent of the 85th 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 Resolution of the Senate and has instructed me to report same back to the House with the following recommendation:
SR 91. Do Pass. Respectfully submitted, Dent of the 85th, Chairman.

TUESDAY, MARCH 25, 1975

3839

Representative Ware of the 68th 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 House and has instructed me to report same back to the House with the following recommendation:

HB 996.

Do Pass, by substitute.

Respectfully submitted, Ware of the 68th, Chairman.

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

SB 209. Do Pass.

SB 237. Do Pass.

Respectfully submitted, Snow of the 21st, Chairman.

Representative Lee of the 72nd 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 follow ing recommendations:

SB 35. Do Pass, by substitute.

SB 204. Do Pass.

SB 265. Do Pass.

Respectfully submitted, Lee of the 72nd, Chairman.

Representative Adams of the 36th 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)

3840

JOURNAL OF THE HOUSE,

has had under consideration the following Bills and Resolution of the Senate and has instructed me to report same back to the House with the following recommenda tions :
SB 100. Do pass, as Amended.
SB 218. Do Pass.
SB 221. Do Pass.
SB 222. Do Pass.
SB 390. Do Pass.
SB 374. Do Pass.
SR 168. Do Pass.
Respectfully submitted, Adams of the 36th, Chairman.

Pursuant to House Rule 116, all Bills and Resolutions which required action by the Senate, were ordered immediately transmitted to the Senate.

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

SB 218. By Senator Stephens of the 36th:
A Bill to amend an Act so as to change the corporate limits of the City of Atlanta; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

SB 221. By Senator Stephens of the 36th:
A Bill to amend an Act establishing a Municipal Court of the City of Atlanta, so as to change the cost deposit requirement and the costs charged by the clerk and marshal 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 150, nays 0.

TUESDAY, MARCH 25, 1975

3841

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

SB 222. By Senator Stephens of the 36th:
A Bill to amend Code Section 36-606, providing for the interest to be vested in a person seeking condemnation, so as to provide that certain counties shall acquire a fee simple title to property condemned upon pay ment of the condemnation money; and for other purposes.

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

On the passage of the Bill, the ayes were 150, nays 0.

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

SB 374. By Senators Stephens of the 36th, Hudson of the 35th and Garrard of the 37th:
A Bill to provide the qualifications for school bus drivers in municipalities of the State having a population of 400,000 or more; 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 150, nays 0.

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

SB 390. By Senator McDuffie of the 19th:
A Bill to authorize the Election Superintendent of Dodge County to hold an election on the question of establishing an elective Board of Education of Dodge 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 150, nays 0.

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

3842

JOURNAL OF THE HOUSE,

SR 168. By Senators Stephens of the 36th, Hudson of the 35th, Hamilton of the 34th and others:
A Resolution urging the Atlanta Board of Education to meet its equitable share of the increased costs of benefits provided for by House Bill 290; and for other purposes.

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

On the adoption of the Resolution, the ayes were 150, nays 0.

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

SB 100. By Senators Stephens of the 36th and Bond of the 39th:
A Bill to provide for the compensation of the sheriff of certain counties; and for other purposes.

The following amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend SB 100 by substituting the figure "$28,500.00" for the figure "$26,200.00" in line 10 on page 1.

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 150, nays 0.

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

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:

HB 49. By Reps. Hamilton of the 31st, and Egan of the 25th:
A Bill to amend Code Chapter 88-18, relating to Hospital Authorities so as to authorize the State of Georgia to make grants to hospital authorities;

TUESDAY, MARCH 25, 1975

3843

to provide that the Department of Human Resources shall administer such grants.

HB 61. By Representative Howell of the 140th:
A Bill to amend Code Title 22, relating to corporations, so as to reduce the penalty imposed upon profit and nonprofit corporations for the late filing of annual reports.

HB 266. By Reps. Evans of the 99th, Banks of the 104th, Lucas of the 102nd and others:
A Bill to amend an Act placing the District Attorneys of the Superior Courts of this State upon an annual salary so as to provide for the pay ment of certain expenses incurred by the District Attorneys and certain expenses incurred by the District Attorneys and certain Assistant District Attorneys in the performance of their official duties.

HB 498. By Rep. Holmes of the 39th:
A Bill to amend Code Section 34-1010, relating to nomination petitions, so as to change the provisions relative to the form of nomination petitions.

HB 564. By Reps. Davis of the 56th, Linder of the 44th, Tolbert of the 56th, and others:
A Bill to amend Code Title 92, relating to public revenue, as amended, so as to require certain information to be included on notices of taxes due and notices of assessments sent to taxpayers of counties and municipali ties.

HB 285. By Reps. Vaughn of the 57th, and Lambert of the 112th:
A Bill to amend an Act known as the "Georgia Land Sales Act of 1972", so as to end the confusion, redundancy and possible conflict between the information requirements of the Ga. Land Sales Act and those of the U. S. Department of Housing and Urban Development under the Federal Interstate Land Sales Full Disclosure Act.

HB 401. By Reps. Adams of the 14th, Toles of the 16th, and Coleman of the 118th:
A Bill to provide that it is unlawful to remove, steal, or abandon shopping carts in certain circumstances.

HB 452. By Rep. Lane of the 40th:
A Bill to amend Code Section 27-207, relating to arrests without a warrant so as to provide for the degree of force that may be used to effectuate a lawful arrest; to provide for a distinction between felony and a misde meanor in connection with the force used to effectuate a lawful arrest.

3844

JOURNAL OF THE HOUSE,

The Senate has agreed to House amendment to the Senate substitute to the following Bill of the House, to wit:

HB 875. By Rep. Culpepper of the 98th:
A Bill to amend an Act known as the "Development Authorities Law" so as to include in the definition of the word "Project" the acquisition, con struction, improvement or modification of any property, real or personal, used as a peak shave facility.

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

HR 114-434. By Reps. Rainey of the 135th, Peters of the 2nd, and Lane of the 40th:
A Resolution creating the State Parks Evaluation Study Committee.

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

HB 477. By Rep. Snow of the 1st:
A Bill to amend Code Chapter 88-5 relating to hospitalization of the mentally ill, so as to provide that a petition for judicial hospitalization shall be accompanied by a certificate of a physician or an affidavit that due to the patient's condition, the petitioner is unable to get the alleged patient to see a doctor.

HB 483. By Rep. Ham of the 80th:
A Bill to amend Code Section 26-2306 relating to officers or employees selling to governments or political subdivisions, so as to change the amounts which local government officers or employees may sell.

HB 752. By Reps. Harrison of the 20th, Howard of the 19th, Edwards of the 20th and others:
A Bill to amend Code Chapter 88-31, relating to ambulance service, so as to require public and private ambulance to be insured as a condition of licensing.
HB 758. By Rep. Shanahan of the 7th:
A Bill to amend Code Section 100-108, relating to bonds and securities required to secure State deposits, so as to provide that the guarantee or the insurance of accounts by the Federal Savings and Loan Insurance Corp. shall be accepted as collateral by the Director of the Fiscal Division of the Dept. of Administrative Services to cover State funds on deposit in State depositories.

TUESDAY, MARCH 25, 1975

3845

HB 777. By Reps. Lambert of the 112th, and Carlisle of the 71st:
A Bill to provide that it shall be unlawful for anyone other than a duly licensed attorney who is an active member in good standing of the State Bar of Georgia to accept a fee, money or other renumeration for contact ing in any manner the Director of Corrections and/or others in an attempt to influence the Director and/or others concerning a transfer of an in mate from one correctional institution to another.

HB 778. By Reps. Lambert of the 112th, and Carlisle of the 71st:
A Bill to amend an Act providing for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem taxation purposes.

HB 800. By Representatives Evans of the 99th and Walker of the 115th:
A Bill to amend Code Section 56-407A, relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, as amended.

HB 807. By Representative Burruss of the 21st:
A Bill to amend an Act known as the Ga. Electrical Contractors Act, approved April 8, 1971, so as to grant the Board of Electrical Contractors the power to adopt rules and regulations for the enforcement of the Act; to grant the Board the powers to revoke or suspend the license of any licensee for violation of the Act or the rules and regulations of the Board.

HB 827. By Representative Carlisle of the 71st:
A Bill to amend an Act known as the "Georgia Charitable Trust Act", approved March 21, 1974, so as to change the responsibility for administra tion of said Act.

HB 830. By Representatives Lambert of the 117th, Carlisle of the 71st, Colwell of the 4th, and others:
A Bill to amend an Act to provide for the State Board of Corrections to have authority to confer the powers of a police officer upon designated employees of the State Board of Corrections.

HB 870. By Representatives Logan of the 62nd, and Russell of the 64th:
A Bill to amend Code Section 92-6912, relating to county boards of equalization so as to change the method of selecting members of the county boards of equalization; to provide for filling vacancies.

HB 895. By Representative Oxford of the 116th:
A Bill to amend an Act known as "The Uniform Standards Code for Mobile Homes Act" so as to provide for the imposition and collection of

3846

JOURNAL OF THE HOUSE,

taxes, licenses, fees, fines, penalties and other material obligations, prohibitions or restrictions upon mobile home manufacturers or upon the agents or representatives of such manufacturers of certain other states or countries.

HB 940. By Representatives Keyton of the 143rd, Long of the 142nd, Reaves of the 147th and others:
A Bill to amend an Act known as the "Georgia Electrical Contractors Act", approved April 8, 1971, so as to provide for an extension of time relative to the issuance of a license without examination.

HB 1135. By Representatives Colwell and Twiggs of the 4th:
A Bill to abolish the present mode of compensating the Clerk of the Superior Court of Gilmer County, known as the fee system; to provide in lieu thereof an annual salary.

HB 140. By Representatives Greer and Carnes of the 43rd:
A Bill to amend an Act to provide for a Chief Deputy Clerk of the Criminal Court of Fulton County, so as to provide for compensation of said Chief Deputy Clerk and Director.

HB 720. By Representatives Johnson, Lee, West, and Bailey of the 72nd:
A Bill to amend an Act creating a system of pensions and retirement pay for officers, deputies and employees of Clayton County and the Clayton County Water Authority.

HB 724. By Representative Holmes of the 39th:
A Bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb so as to change the corporate limits of the City of Atlanta.

HB 792. By Representative Fraser of the 139th:
A Bill to amend an Act establishing the State Court of Liberty County (formerly the City Court of Hinesville) so as to change the compensation of the judge and solicitor of said court.

HB 852. By Representatives Buck of the 95th, Berry of the 94th, Parrish of the 97th, and others:
A Bill to amend the Charter of Columbus, Georgia, so as to authorize the Council of Columbus, Georgia, in the event that it exercises its power to abolish the Medical Center Board of Commissioners to transfer all the powers and functions of said Medical Center Board of Commissioners to an Authority created by the Georgia "Hospital Authorities Law".

TUESDAY, MARCH 25, 1975

3847

HB 917. By Representatives Carlisle and Mostiler of the 71st: A Bill to provide a new charter for the Town of Tyrone.

HB 951. By Representative Gammage of the 17th:
A Bill to amend an Act placing certain officers of Polk County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff's deputies.

HB 1035. By Representatives Tucker of the 73rd, Ham of the 80th, and Smith of the 78th:
A Bill to amend an Act to change the salaries of assistant district at torneys in all judicial circuits of this State having a population of not less than 54,500 and not more than 58,500.

HB 1076. By Representatives Lambert of the 112th, Baugh of the 108th and others:
A Bill to amend an Act providing an annual salary for the official court reporters of the Ocmulgee Judicial Circuit to provide an expense allowance.

HB 1080. By Representatives Foster and Wheeler of the 152nd:
A Bill to amend an Act placing the Sheriff of Bacon County on an annual salary in lieu of the fee system of compensation so as to change the provisions relating to compensation of the sheriff, deputy sheriffs, jailer and clerk of the sheriff.

HB 1084. By Representative Russell of the 64th:
A Bill to repeal an Act to reincorporate the City of Winder in the County of Barrow so as to eliminate one of two duplicate charters for said city enacted during the 1974 regular session of the General Assembly.

HB 1110. By Representatives Colwell and Twiggs of the 4th:
A Bill to amend an Act providing a salary for the Sheriff of Union County in lieu of the fee system of compensation so as to change the provisions relative to the compensation of the Sheriff; to change the provisions relative to the Sheriff's Deputies and other personnel and relative to operating expenses.

HB 1111. By Representatives Colwell and Twiggs of the 4th:
A Bill to amend an Act placing the Judge of the Probate Court of Fannin County on an annual salary in lieu of the fee system of com pensation so as to provide for office help for said officer.

3848

JOURNAL OF THE HOUSE,

HB 1120. By Representative Dixon of the 151st: A Bill to create the Downtown Waycross Development Authority.

HB 348. By Representative Linder of the 44th:
A Bill to amend that Act which provides for the examination and licensing of dental hygienists so as to change the minimum age for qualification.

HB 257. By Representatives Buck of the 95th and Howard of the 19th:
A Bill to amend an Act creating the Peace-Officers' Annuity and Benefit Fund, approved Feb. 1, 1950, so as to change the amount to be received by the Fund from certain fines and bond forfeitures; to change the pro visions relating to benefits.

HB 1000. By Representatives Wood, Whitmire and Jackson of the 9th:
A Bill to amend Code Chapter 15-3, relating to jurisdiction over lands ceded to or acquired by the United States of America so as to provide authority and procedure for the acceptance by the Governor on behalf of the State of Georgia of retrocession of jurisdiction, either partially or wholly in certain land by the United States of America.

HB 945. By Representatives Nix of the 20th, Kreeger of the 21st, and Howard of the 19th and others:
A Bill to amend Code Section 92-4004, relating to the requirement that municipal tax assessing authorities use the county assessment on property which is subject to both municipal and county ad valorem taxation so as to provide for alternative assessments in certain municipalities.

HB 1153. By Representative Coleman of the 118th:
A Bill to amend an Act creating the office of Commissioner of Dodge County so as to change the compensation of the Commissioner of Dodge County; to provide for biennial longevity increases.

HB 1154. By Representative Coleman of the 118th:
A Bill to amend an Act placing the Sheriff and Clerk of the Superior Court of Dodge County on an annual salary so as to change the compensa tion of the sheriff and clerk of the superior court to provide for longevity increases.

HB 1155. By Representative Larsen of the 119th:
A Bill to amend an Act creating the State Court of Laurens County so as to provide the procedures connected therewith.

TUESDAY, MARCH 25, 1975

3849

HB 1156. By Representative Larsen of the 119th:
A Bill to amend an Act incorporating the Town of East Dublin so as to change the provisions relating to the election of the mayor and council.

HB 1157. By Representatives Howard and Cooper of the 19th, Kreeger of the 21st, and others:
A Bill to amend an Act providing for the compensation of the Judge of the Juvenile Court of Cobb County so as to change the compensation of said judge.

HB 1158. By Representatives Kreeger of the 21st, Edwards, Nix and Harrison of the 20th, and others:
A Bill to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Cobb County into the one office of Tax Commissioner of Cobb-County so as to change the compensation of the Tax Commissioner and the Chief Clerk of the Tax Commissioner.

HB 1160. By Representatives Harrison and Edwards of the 20th, Cooper of the 19th, and others:
A Bill to amend an Act creating the State Court of Cobb County so as to change the salary provisions relating to the clerk of said court.

HB 1163. By Representatives Howard and Cooper of the 19th, Nix, Harrison and Edwards of the 20th and others:
A Bill to amend an Act changing the compensation of the Clerk of the Superior Court, the sheriff and the Judge of the Probate Court of Cobb County from the fee system to the salary system so as to change the compensation of the Clerk of the Probate Court.

HB 1187. By Representatives Colwell and Twiggs of the 4th: A Bill to create the office of Commissioner of Union County.

HB 1197. By Representatives Carr of the 105th, and Karrh of the 106th:
A Bill to amend an Act placing the Tax Receiver of Johnson County on an annual salary in lieu of the fee system of compensation so as to change the annual salary of the tax receiver.

HB 1184. By Representatives Harris and Stone of the 138th:
A Bill to amend an Act establishing the State Court of Appling County so as to change the minimum salaries of the judge and the solicitor of said court; to authorize the governing authority of Appling County to fix the salaries of the judge and the solicitor of said court; to change the terms of court.

3850

JOURNAL OF THE HOUSE,

HB 1180. By Representative Lambert of the 112th:
A Bill to amend an Act creating the office of tax commissioner of Han cock County so as to change the compensation of the tax commissioner and his secretary.

HB 1171. By Representatives Wall of the 61st, Phillips of the 59th, and Harris of the 60th:
A Bill to create the Gwinnett County Public Facilities Authority.

HB 1172. By Representatives Colwell and Twiggs of the 4th:
A Bill to amend an Act placing the Sheriff of Fannin County upon an annual salary so as to change the compensation of the sheriff.

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

HR 9-48. By Representative Egan of the 25th: A Resolution compensating Aetna Life and Casualty Company.

HR 37-181. By Representative Pinkston of the 100th: A Resolution compensating Mr. Benjamin Wynn.

HR 298-1081. By Representative Greer of the 43rd: A Resolution to compensate Miss Carole K. Brown.

HR 172-836. By Representatives Snow and Hays of the 1st:
A Resolution authorizing the conveyance of certain real property located in Walker County, Georgia.

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

HR 33-166. By Representative Adams of the 36th: A Resolution compensating R. L. Cash.

HR 133-562. By Representative Greer of the 43rd: A Resolution compensating Miss Carole K. Brown.

TUESDAY, MARCH 25, 1975

3851

The Senate has adopted the Report of the Committee of Conference on the following Bill of the Senate, to-wit:

SB 10. By Senator Coverdell of the 40th:
A Bill to provide for the confiscation and sale of certain articles of tangible personal property used in the commission of a felony; to provide for disposition of proceeds from a sale.

The Senate has adopted the Report of the Second Committee of Conference on the following Bill of the Senate, to-wit:

SB 72. By Senators Garrard of the 37th and Shapard of the 28th:
A Bill to regulate the practice of marriage and family counseling in the State of Georgia; to provide for declaration of purpose; to provide for a Georgia Marriage and Family Counselor Licensing Board.

The Senate has adopted the Report of the Committee of Conference on the following Bills of the House, to-wit:

HB 17. By Representatives Ware of the 68th, Greer of the 43rd and Castleberry of lllth:
A Bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to provide for additional definitions.

HB 580. By Representative Murphy of the 18th:
A Bill to amend an Act known as the "Georgia Residential Finance Agency Act" so as to change the membership of the Authority.

HB 858. By Representatives Tolbert and Davis of the 56th and others:
A Bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to prohibit the employment of certain persons as teachers.

The Senate has agreed to the House amendment to the Senate Amendment to the following Bill of the House, to-wit:

HB 1134. By Representatives Colwell and Twiggs of the 4th:
A Bill to amend an Act creating the office of Commissioners of Fannin County so as to change the provisions relative to the powers and duties of the Commissioners.

3852

JOURNAL OF THE HOUSE,

The Senate recedes from its amendment to the following Bill of the House, to-wit:

HB 623. By Representatives Greer of the 43rd, Beckham of the 89th, and Buck of the 9 5th:
A Bill to amend an Act entitled "An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes.

The Senate has agreed to the House substitute to the following Bill of the Senate, to-wit:

SB 363. By Senator Barnes of the 33rd:
A Bill to amend an Act providing for a new charter for the City of Powder Springs as amended so as to redefine the corporate limits of the city.

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

HB 1041. By Representatives Collins of the 144th, and Reaves of the 147th:
A Bill providing for certified public weighers, approved Feb. 25, 1949, so as to provide for the issuance of a seal for certified public weighers in tobacco warehouses to the owner of the tobacco warehouse.

The Senate has agreed to the House substitute to the following Bill of the Senate, to-wit:

SB 176. By Senator Doss of the 52nd:
A Bill to provide for the orderly and proper cancellation of deeds to secure debts; to provide for a penalty for failure to properly cancel same.

The Senate has agreed to the House amendments to the following Bills of the Senate, to-wit:
SB 15. By Senators Traylor of the 3rd, Banks of the 17th and Kidd of the 35th: A Bill relating to the development of small businesses; declaring the legislative intent to encourage State purchases from small businesses.

SB 66. By Senator Sutton of the 9th:
A Bill to amend an Act creating the Georgia Agrirama Development Authority so as to provide the power of eminent domain over real,

TUESDAY, MARCH 25, 1975

3853

personal or mixed property whether held privately or by a public service corporation.

SB 99. By Senator Dean of the 31st:
A Bill to amend Code Chapter 84-5, relating to the regulation of Chiropractic and the Board of Chiropractic Examiners, as amended, so as to change the compensation of the members of the board; to change certain license fees.

SB 175. By Senator Overby of the 49th:
A Bill to provide for a more efficient and economical handling of the affairs of the State Library, by amending an Act approved Mar. 10, 1971, Ga. Laws 1971 so as to exclude all state library personnel from coverage under the State Merit System; by amending Chapters 101-1, etc. of Title 101, State Librarian".

SB 118. By Senator Barker of the 18th:
A Bill to amend an Act providing for the issuance of automobile tags to disabled Veterans, so as to provide for the issuance of free motor vehicle license tags to certain wartime veterans who were discharged under honorable conditions.

SB 188. By Senator Hamilton of the 26th:
A Bill to provide for the confidentiality of certain records concerning reports of child abuse and neglect; to provide that it shall be unlawful to permit unauthorized persons to examine or inspect such confidential records; to provide a penalty.

SB 249. By Senators Starr of the 44th, Kennedy of the 4th, and Howard of the 42nd:
A Bill to provide for an alternative to the incarceration of offenders; to provide for the development and implementation of pre-trial and presentence programs providing alternative to incarceration for offenders and alleged offenders excluding probationers.

SB 295. By Senator Summers of the 53rd:
A Bill to amend an Act placing the Sheriff of Chattooga County upon an annual salary, as amended, so as to change the provisions relative to deputies and other personnel of the Sheriff's office.

SB 308. By Senator Langford of the 51st:
A Bill to amend an Act known as the "Certification of Water and Wastewater Treatment Plant Operators Act", so as to change the membership of the State Board of Examiners for Certified Water and Wastewater

3854

JOURNAL OF THE HOUSE,

Treatment Plant Operators to reflect the reorganization of the Ga. Dept. of Public Health and the Ga. Water Quality Control Board.

SB 321. By Senators Hill of the 29th, and Lewis of the 21st:
A Bill to provide that surplus funds designated as reserve funds accruing at the Georgia Warm Springs Hospital in any fiscal year shall not lapse to the State Treasury, but may be reserved by the Hospital as working capital. Such reserve shall be cumulative, but shall not exceed the total sum of one million dollars ($1,000,000.)

SB 394. By Senators Dean of the 31st, Button of the 9th, and Carter of the 14th:
A Bill to authorize the State Personnel Board to provide a health in surance plan for public school employees of the State of Georgia; to define certain terms; to provide for the contents of such health insurance plan and persons eligible to participate in such plan.

SB 369. By Senators Riley of the 1st, and McDowell of the 2nd:
A Bill to fix the compensation of the judges of the Probate Courts in all counties of this State having a population of not less than 185,000 nor more than 190,000 according to the U. S. Decennial Census of 1970, or any such census; to provide for the procedure connected therewith.

SB 387. By Senators Holley of the 22nd, and Lester of the 23rd:
A Bill to amend an Act known as the "Augusta-Richmond County Coliseum Authority Act", approved April 17, 1973, as amended, so as to further define the powers of the Authority; to provide the Authority power to enter into contracts with consolidated governments.

SB 282. By Senators Gillis of the 20th and Lewis of the 21st:
A Bill to create an Advisory Board of the College of Veterinary Medicine of the University of Georgia; to provide for the membership of the Board; to provide for its responsibilities.

SB 368. By Senator Reynolds of the 48th:
A Bill to amend Section 66-103 of the Code of Georgia, which provides for the payment of wages due deceased employees to certain survivors without the necessity of administration upon the deceased employees' estates, as amended, so as to increase the amount of wages that may be paid.

SB 306. By Senator Howard of the 42nd:
A Bill to amend an Act providing the Attorney General, upon request of any department, or office, is authorized to employ private counsel

TUESDAY, MARCH 25, 1975

3855

to perform legal services for that department or office and that such department shall pay for such services.

Representative Burruss of the 21st moved that the House reconsider its action in failing to adopt the following Resolution of the Senate:

SR 96. By Senator Reynolds of the 48th:
A Resolution proposing an amendment to the Constitution, so as to amplify the areas of regulation of outdoor advertising and junk yards adjacent to the Federal-Aid Highway System; and for other purposes.

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Banks Bargeron Battle Baugh Beck Beckham Berry Bolster Bowman
Bray Brown Buck Burruss Carnes Carr Carrell Carter Castleberry Chance Childers Childs Clark,L
Cole
Collins Colwell Connell Cooper Cox Da vis Dean

Dent Dover Edwards, C. W. Edwards, W. Egan Elliott Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glanton Ham Harris, B. B. Harrison Hatcher Hawkins Hays Hill, G. Holmes Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson Johnson, R. Johnson, W. R. Jones Jordan Karrh

Keyton Kilgore King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee
Logan Lucas Mann
Marcus Matthews, D. R. McCollum McDonald McKinney Miles Milford Mullinax Nix Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T. Phillips, W. R.

3856

JOURNAL OP THE HOUSE,

Pinkston Rainey Ray Reaves Richardson Ross Rush Russell, J. Russell, W. B. Scott Shanahan

Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow Taggart Thomason Thompson

Tolbert Triplett Twiggs Wall Ware West White Whitmire Williamson Wood

Those not voting were Representatives:

Blackshear Burton Calhoun Carlisle Clark, Betty Clifton Coleman Crawford Culpepper Daugherty Dixon Evans, B. Glover Greer Hamilton

Harden Harris, J. G. Harris, J. F. Hill, B. L. Horton Jessup Lambert Leggett Leonard Linder Long Matthews, C. Mostiler Nessmith Randall

Sams Stone Sweat Toles Townsend Tucker Vaughn Waddle Walker Watson Wheeler Williams Wilson Mr. Speaker

On the motion to reconsider, the ayes were 136, nays 0.

The motion prevailed and the House reconsidered its action in failing to adopt SR 96.

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

SR 7. By Senator Kidd of the 25th:
A Resolution to amend a Resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government, so as to make certain changes in the membership thereof; 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 100, nays 0.

TUESDAY, MARCH 25, 1975

3857

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

The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:

HR 33-166. By Representative Adams of the 36th: A Resolution compensating Roy L. Cash; and for other purposes.

The following Senate amendment was read:
The Senate offers the following amendment:
Amend HR 33 by striking on Page 1, lines 13 and 18, the following: "$6,500",
and
By substituting in lieu thereof the following: "$8,774.06".

Representative Adams of the 36th moved that the House agree to the Senate amendment to HR 33-166.

On the motion to agree, the ayes were 99, nays 0.

The Senate amendment to HR 33-166 was agreed to.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreement to the House substitute thereto:

SB 125. By Senators Duncan of the 30th, Riley of the 1st, Broun of the 46th and others:
A Bill to be entitled an Act to amend Code Section 57-101,. so as to change the legal rate of interest allowable by contract; and for other purposes.

Representative Carnes of the 43rd moved that the House recede from the House substitute and agree to SB 125 as passed by the Senate.

Representative Bailey of the 72nd moved that the House insist on its position in substituting SB 125.

3858

JOURNAL OF THE HOUSE,

The roll call was ordered on the Games motion that the House recede from the House substitute to SB 125 and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, John Battle Carnes Clark, Betty Dean Edwards, C. W. Gignilliat

Glover Greer Hawkins Howard Jones Lucas Nix

Parham Pinkston Randall Sams Sheats Sigman Triplett

Those voting in the negative was Representatives:

Adams, G. D. Adams, Marvin Alexander Bargeron Baugh Beck Beckham Berry Bolster Bowman Brown Buck Burton Calhoun Carlisle Carrell Carter Castleberry Chance Childers Childs Clark, L.
Cole
Coleman
Collins
Colwell
Connell
Cooper
Cox
Crawford
Culpepper
Davis
Dent
Dixon
Dover
Edwards, W.

Egan Elliott Evans, W. D. Pelton Foster, P. W. Foster, R. L. Gammage Ham Harris, B. B. Harrison Hatcher Hill, G. Holmes Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R.
Johnson, W. R.
Jordan
Karrh
Keyton
Kilgore
King
Knight
Kreeger
Lambert
Lane, W. J.
Larsen, G. K.
Larsen, W. W.
Lee
Leonard

Linder Logan Long Mann Marcus McCollum McDonald Miles Milford Mostiler Mullinax Nessmith Noble Owens Oxford Parkman Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T.
Phillips, W. R.
Rainey
Ray
Reaves
Richardson
Ross
Rush
Russell, J.
Russell, W. B.
Shanahan
Sizemore
Smith, V. B.
Sweat
Thomason

Thompson Tolbert Twiggs Vaughn

TUESDAY, MARCH 25, 1975

3859

Walker Wall Ware West

Whitmire Williamson Wilson Wood

Those not voting were Representatives:

Bailey Banks, Blackshear Bray Burruss Carr Clifton Daugherty Evans, B. Eraser Glanton Hamilton Harden

Harris, J. G. Harris, J. F. Hays Hill, B. L. Horton Lane, Dick Leggett Matthews, C. Matthews, D. R. McKinney Parrish Scott Smith, J. R.

Smyre Snow Stone Taggart Toles Townsend Tucker Waddle Watson Wheeler White Williams Mr. Speaker

On the motion to recede, the ayes were 21, nays 120.

The motion to recede was lost and the House insisted on its position in passing SB 125 by substitute.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 941. By Representative Irvin of the 23rd:
A Bill to amend Code Title 46, relating to garnishment, so as to provide for a new Code Chapter relative to pre-judgment garnishments; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Title 46, relating to garnish ment, as amended, so as to require that an affidavit for garnishment be made before a judge, magistrate, or justice of the peace; to add to the required contents of such affidavit; to require such affidavit to clearly set out the facts upon which the garnishment is claimed and the facts upon which apprehension of loss is based; to require agents or attorneys at law making such affidavits for a plaintiff to swear as to their personal knowledge of the facts; to provide for the issuance and service of summonses of garnishment on the defendant; to provide that a defendant against whom a garnishment has been issued may petition for an immediate hearing to dissolve such garnishment; to require the

3860

JOURNAL OF THE HOUSE,

plaintiff at such hearing to show probable cause for the issuance of the garnishment; to provide for the issuance of orders at such hearings; to provide for damages; to relieve the garnishee from the duty to file an answer if the garnishment is dissolved; to provide that a petition for a hearing shall apply to certain subsequent summonses; to provide conclusive presumptions; to provide for the applicability of the Georgia Civil Practice Act but that a de novo hearing shall not be authorized; to provide for severability; to repeal conflicting laws; and for other
purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Title 46, relating to garnishment, as amended, is hereby amended by striking Section 46-102 in its entirety and substitut ing in lieu thereof a new Section 46-102, to read as follows:

"46-102. Affidavit; necessity and contents; bond. The plaintiff, his agent, or attorney at law shall make affidavit before the judge, magistrate, or justice of the peace before whom the said garnish ment is being filed or the main case is filed stating the amount claimed to be due in such action, or on such judgment, that, if based on a judgment, no agreement has been made with the defen dant for payment of the judgment, or, if an agreement has been made, the defendant is in default, and that he has reason to apprehend the loss of the same or some part thereof unless process of garnishment shall issue, and clearly setting out the facts upon which the garnishment is claimed and upon which the apprehension is based. The plaintiff shall give bond, with good security, in a sum at least equal to double the amount sworn to be due, payable to the defendant in the suit or judgment, as the case may be, condi tioned to pay said defendant all costs and damages that he may sustain in consequence of suing out said garnishment, in the event that the plaintiff shall fail to recover in the suit, or it shall appear that the amount sworn to be due on such judgment was not due, or that the property or money sought to be garnished was not subject to process of garnishment. No person shall be taken as security on the bond who is an attorney for the plaintiff or a non resident unless the nonresident is possessed of real estate in the county where the garnishment issues of the value of the amount of such bond."

Section 2. Said Code Title is further amended by striking Code Section 46-103 in its entirety and substituting in lieu thereof a new Code Section 46-103, to read as follows:

"46-103. Affidavit by agent or attorney.--When the affidavit
shall be made by the agent or attorney at law of the plaintiff, he may swear according to his personal knowledge of the facts and may sign the name of the plaintiff to the bond, who shall be bound thereby in the same manner as though he had signed it himself."

Section 3. Said Code Title is further amended by adding a new Code Section immediately following Code Section 46-105, to be desig nated Code Section 46-105.1, to read as follows:

TUESDAY, MARCH 25, 1975

3861

"46-105.1. Summons of garnishment to defendant.--The officer or clerk issuing summons of garnishment as provided for in Code Section 46-105 shall cause a copy of said summons to be issued directly to the defendant; and upon such copy being delivered to any officer authorized by law to levy an attachment, it shall be his duty to serve and make his return of service of such copy of summons of garnishment upon the defendant as provided for in the Georgia Civil Practice Act, as now or hereafter amended."

Section 4. Said Code Title is further amended by striking Code Section 46-401 in its entirety and substituting in lieu thereof a new Code Section 46-401, to read as follows:

"46-401. Dissolution of garnishments; bond; judgment on bond; hearing; issuance of orders.-- (a) When garnishment shall have been issued, the defendant may dissolve such garnishment upon filing in the clerk's office of the court, or with the justice of the peace, where suit is pending or judgment was obtained, a bond with good security, payable to the plaintiff, conditioned for the payment of any judgment that shall be rendered on said garnish ment. The plaintiff may enter up judgment upon such bond against the principal and securities, as judgment may be entered against securities upon appeal, whenever said plaintiff shall obtain the judgment of the court against the property or funds against which garnishment shall have been issued.

(b) As an alternative to the dissolution of such garnishment by posting bond as provided in subsection (a), the defendant, within 20 days after service, may make petition to the court from which the summons of garnishment was issued for an immediate hearing to dissolve the garnishment.

(c) The plaintiff shall show probable cause for the issuance of said garnishment on the date set for the hearing or on any date by way of continuance.
(d) The judge, magistrate, or justice of the peace at said hearing shall enter such order as he deems necessary for the pro tection of the plaintiff and the defendant against loss and damage in any case where the issue made by the petition and plaintiff's response thereto cannot be finally determined at said hearing. The summons of garnishment shall continue in effect with any monies, property or other goods answered in by the garnishee to remain in the possession or control of the court until a final determination by the judge, magistrate, or justice of the peace or the giving of a bond by the defendant as provided in subsection (a). The giving of a bond after the filing of a petition shall not prejudice the defendant in any way.
(e) If at the hearing provided for in subsection (b) or any other final determination by the judge, magistrate, or justice of the peace it is determined that plaintiff was not entitled to the issuance of garnishment, the judge, magistrate, or justice of the

3862

JOURNAL OF THE HOUSE,

peace shall order the garnishment dissolved and the delivery of any monies, property or goods detained by such garnishment to the defendant or the dissolution of any bond given by the defendant. Further, the judge, magistrate, or justice of the peace may enter up judgment in favor of defendant for damages, if any, suffered by reason of the issuance of the summons of garnishment. If the garnishment is dissolved prior to the filing of an answer by the garnishee, the garnishee shall be relieved from filing said answer.

(f) When summonses are issued from time to time under the provisions of Code Section 46-105, to which a petition has been made to the first of such summonses, said petition shall apply as petition to each additional summons, and each additional sum mons shall be subject to the provisions of subsections (d) or (e), whichever is applicable, and any orders issued thereunder.

(g) Failure of defendant to file a petition within 20 days of service of the summons shall be considered a conclusive presumption that the plaintiff had a right to the issuance of garnishment and that the garnishment was properly issued and each additional sum mons issued as provided for in Code Section 46-105 shall not rescind said conclusive presumption so as to allow the filing of a petition. All hearings under this Code Section shall be as provided by the Georgia Civil Practice Act, as now or hereafter amended, provided nothing contained herein shall authorize a de novo hearing on the issue entitling plaintiff to judgment or the issue in the suit pend ing."
Section 5. Said Code Title is further amended by striking Code Section 46-604 in its entirety and substituting in lieu thereof a new Code Section 46-604, to read as follows:
"46-604. Garnishment in another county.--When any of the persons sought to be garnisheed shall reside in a county other than the one where suit shall be pending or in which judgment shall have been obtained, the plaintiff, his agent, or his attorney at law may make affidavit and give bond in any county in the State, before a judge, magistrate, or justice of the peace, and it shall be the duty of the officer taking such affidavit and bond to make out a copy thereof and certify the same to be true, and to issue summons of garnishment for such person as he may be directed by the plaintiff, his agent, or his attorney at law, requiring him to appear at the next superior or justice's court of the county of the garnishee's residence, according as such suit shall be pending or judgment shall have been obtained in the superior or justice's court, then and there to depose according to the provisions of law; and it shall be the duty of the officer serving such summons to return or transmit the certified affidavit and bond, together with his actings and doings thereon, to the superior or justice's court of the county in which such suit shall be pending or judgment shall have been obtained, and to return the original affidavit and bond, with his actings and doings thereon, to the court where such person shall be summoned to appear; and all subsequent proceedings shall be the same as prescribed in relation to garnishment in cases of attachment where

TUESDAY, MARCH 25, 1975

3863

the garnishee shall reside out of the county in which the attachment shall be returnable. This Section shall not be so construed as to repeal the preceding Section, but as providing an additional mode of obtaining garnishment against persons residing out of the county where suit shall be pending or in which judgment shall have been obtained; and so much of said Section as relates to the time in which service of summons of garnishment shall be made returnable to the superior or justice's court is hereby made a part of this Section."

Section 6. Said Code Title is further amended by striking Code Section 46-702 in its entirety and substituting in lieu thereof a new Code Section 46-702, to read as follows:

"46-702. Persons in another militia district, how garnisheed.-- When any person or persons sought to be garnisheed reside in a militia district in the same county, different from the militia district in which suit is pending or judgment shall have been obtained, the plaintiff, his agent, or his attorney at law may make affidavit and give bond in the militia district where the person or persons sought to be garnisheed resides, before a judge, magistrate, or justice of the peace of said district authorized to issue an attachment; and it shall be the duty of the officer taking such affidavit and bond to make out a. copy thereof and certify the same to be true, and to issue summons of garnishment for such person or persons as he may be directed by the plaintiff, his agent, or his attorney at law, requiring such person or persons to appear at the next justice's court of the district of the garnishee's residence, at the time fixed in said summons of garnishment, to depose and answer according to law. The officer serving such summons shall return or transmit the certified affidavit and bond, together with his actings and doings thereon, to the justice's court of the district in which suit shall be pending or judgment shall have been obtained, and he shall return the original affidavit and bond, with his actings and doings thereon, to the court of the district of the garnishee's residence where such person so summoned shall appear; and all subsequent proceedings shall be the same as are provided for in cases where the garnishee shall reside in a county other than the one where suit shall be pend ing, or judgment shall have been obtained."

Section 7. In the event any section, subsection, sentence, clause or phrase of this Act shall be dec'ared or adjudged invalid or un constitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sen tence, clause or phrase so declared or adjudged invalid or unconstitu tional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

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JOURNAL OF THE HOUSE,

Representative Irvin of the 23rd moved that the House agree to the Senate substitute to HB 941.

On the motion to agree, the ayes were 110, nays 0.

The motion prevailed and the Senate substitute to HB 941 was agreed to.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 858. By Representatives Tolbert and Davis of the 56th, Harden of the 154th and others:
A Bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to prohibit the employment of certain persons as teachers; and for other purposes.

The following report of the Committee of Conference was read:
Mr. President: Mr. Speaker:
Your Conference Committee on HB 858 has met and submits the following recommendation:

That the Senate and House recede from their respective positions and that the attached Substitute to HB 858 be adopted.

FOR THE SENATE
Is/ George T. Warren, II Senator, 43rd District
/s/ E. M. McDuffie Senator, 19th District
/s/ John C. Foster Senator, 50th District

Respectfully submitted,
FOR THE HOUSE
/s/ Tommy Tolbert Representative, 56th District
/s/ Bobby Sigman Representative, 74th District
/s/ Emory E. Bargeron Representative, 83rd District

A BILL

To be entitled an Act to amend an Act known as the "Adequate Program for Education in Georgia Act", approved March 26, 1974 (Ga. Laws 1974, p. 1045), so as to prohibit the employment of certain persons as teachers; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

TUESDAY, MARCH 25, 1975

3865

Section 1. An Act known as the "Adequate Program for Education in Georgia Act", approved March 26, 1974 (Ga. Laws 1974, p. 1045), is hereby amended by adding at the end of Section 62, a new subsection (c), to read as follows:

"(c) Any other provisions of this Act or any other laws to the contrary notwithstanding, no local board of education shall employ any person as a teacher who has been discharged from the armed forces of the United States with a dishonorable discharge as a result of desertion or any person who has fled or removed himself from the United States for the purpose of avoiding or evading military service in the armed forces of the United States excluding those who have been fully pardoned."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Tolbert of the 56th moved that the House adopt the report of the Committee of Conference on HB 858.

On the motion, the ayes were 95, nays 7.

The motion prevailed and the report of the Committee of Conference on HB 858 was adopted.

The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:

The following Senate amendment was read: The Senate offers the following amendment: Amend HR 133 by striking on Page 1, lines 20 and 26, the following: "$993.00",
and By substituting in lieu thereof the following: "$500.00".

Representative Castleberry of the lllth moved that the House agree to the Senate amendment to HR 133-562.

On the motion, the ayes were 105, nays 0.

3866

JOURNAL OF THE HOUSE,

The motion prevailed and the Senate amendment to HR 133-562 was agreed to.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreement to the House amendment thereto:

SB 285. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A Bill to declare unfair or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; and for other purposes.

Representative Carlisle of the 71st moved that the House insist upon its position in amending SB 285.

The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreement to the House amendment thereto:

SB 149. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and others:
A Bill to amend Code Section 13-203.2, relating to the expansion or extension of existing bank facilities, as amended, so as to provide for the installation of "automated teller facilities" or "point-of-sale ter minals" within the county in which a parent bank, branch bank, bank office or bank facility is located, with the approval of the Commissioner of the Department of Banking and Finance; and for other purposes.

Representative Pinkston of the 100th moved that the House recede from its position in amending SB 149.

Representative Howard of the 19th moved that the House insist upon its position in amending SB 149.

The roll call was ordered on the Howard motion that the House insist upon its position in amending SB 149 and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, John Adams, Marvin Banks Bargeron Beckham Berry Bray

Carrell Carter Castleberry Clark, L. Coleman Colwell Cox

Culpepper Dover Edwards, W. Evans, W. D. Foster, P. W. Fraser Ham

Harden Harris, B. B. Harrison
Hays Hill, G. Howard Hutchinson Irvin, J. Irwin Jackson Johnson, R. Johnson, W. R.

TUESDAY, MARCH 25, 1975

3867

Karrh Lambert Lane, W. J. Lee Logan Mann Matthews, D. R. McCollum Milford Nessmith Owens Oxford

Phillips, L. L. Richardson Ross Rush Russell, J. Thomason
Twiggs Vaughn Walker Wall Wood

Those voting in the negative were Representatives:

Adams, G. D. Alexander Bailey Battle Baugh Beck Blackshear Bolster Bowman Brown Burton Calhoun Carlisle Carnes Chance Childs Clark, Betty Cole Connell Cooper Crawford Davis Dean Dixon Edwards, C. W. Egan Elliott Evans, B. Felton Foster, R. L. Gignilliat Glanton

Glover Greer Hatcher Hawkins Hill, B. L. Holmes Howell Hudson Irvin, R. Jessup Jones Keyton Kilgore King Knight Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Leggett Leonard Linder Long Lucas Marcus McKinney Miles Mostiler Mullinax
Nix Noble

Parham Parkman Parrish Patten, R. L. Peters Petro Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Ray Reaves Russell, W. B.
Sams Scott Sheats Sigman Smyre Sweat Taggart Tolbert Triplett Waddle Ware Watson West White Williams Williamson Wilson

Those not voting were Representatives:

Buck Burruss Carr Childers

Clifton Collins Daugherty
Dent

Gammage Hamilton Harris, J. G. Harris, J. P.

3868
Horton Jordan Matthews, C. McDonald Patten, G. C. Shanahan

JOURNAL OF THE HOUSE,

Sizemore Smith, J. R. Smith, V. B. Snow Stone Thompson

Toles Townsend Tucker Wheeler Whitmire Mr. Speaker

On the motion to insist, the ayes were 56, nays 94.

The motion was lost.

On Representative Pinkston's motion to recede, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Alexander Bailey Bargeron Battle Baugh Beck Berry Bolster Bowman Bray Brown Burton Calhoun Carnes Carrell Chance Childers Childs Clark, Betty Clifton Cole Connell Cooper Cox Crawford Davis Dean Dixon Edwards, C. W. Edwards, W. Egan Elliott Evans, B. Pelton Foster, R. L.

Gignilliat Glanton Glover Greer Harden Harrison Hatcher Hawkins Hill, B. L. Holmes Hudson Irvin, R. Jessup Johnson, W. R. Jones Keyton Kilgore King Knight Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Long Lucas Mann McCollum McKinney Miles Mostiler Mullinax Nix

Parham Parkman Parrish Patten, R. L. Peters Petro Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Ray Reaves Richardson Rush Russell, W. B. Sams Scott Sheats Sigman Smyre Sweat Taggart Thompson Tolbert Triplett Vaughn Waddle Ware Watson West White Williams Williamson Wilson

TUESDAY, MARCH 25, 1975

3869

Those voting in the negative were Representatives:

Adams, Marvin Banks Blackshear Carter Castleberry Clark, L. Colwell Culpepper Evans, W. D. Poster, P. W. Fraser Hays

Hill, G. Howard Howell Hutchinson Irvin, J. Irwin Jackson Karrh Lambert Lane, W. J. Logan Marcus

Matthews, D. R. Nessmith Noble Owens Oxford Phillips, L. L. Russell, J. Sizemore Thomason Twiggs Wall Wood

Those not voting were Representatives:

Adams, John Beckham Buck Burruss Carlisle Carr Coleman Collins Daugherty Dent Dover Gammage Ham

Hamilton Harris, B. B. Harris, J. G. Harris, J. F. Horton Johnson, R. Jordan Linder Matthews, C. McDonald Milford Patten, G. C. Ross

Shanahan Smith, J. R. Smith, V. B. Snow Stone Toles Townsend Tucker Walker Wheeler Whitmire Mr. Speaker

On the motion to recede, the ayes were 106, nays 36.

The motion prevailed and the House receded from its position in amending SB 149.
The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute to the following Bill of the Senate:
SB 112. By Senator Lester of the 23rd: A Bill to provide the procedures whereby a Judge of the Probate Court of Richmond County shall be eligible to become a Judge Emeritus of the Probate Court of Richmond County; and for other purposes.

The following Senate amendment was read:
Senate Amendment to House Substitute to SB 112:
Amend House substitute to SB 112 by striking on Page 2, lines 10 and 11, the words "or the State of Georgia".

3870

JOURNAL OF THE HOUSE,

Representative Sams of the 90th moved that the House disagree to the Senate amendment to the House substitute to SB 112.

The motion prevailed and the Senate amendment was disagreed to.

The following Bill of the Senate was taken up for the purpose of considering the report of the second Committee of Conference thereon:

SB 72. By Senators Garrard of the 37th and Shapard of the 28th:
A Bill to regulate the practice of marriage and family counseling in the State of Georgia; and for other purposes.

The following report of the second Committee of Conference was read:
Second Conference Committee Report on SB 72
Mr. President and Mr. Speaker:
The Conference Committee on SB 72 makes the following recom mendations:
That each House recede from its position and adopt SB 72 as it passed the House of Representatives, except for the following amend ments:
By striking from Section 5 on line 24 of page 5, the following:
"nurses with bachelor's degrees",
and inserting in lieu thereof the following:
"psychiatric nurse specialists".
By striking from Section 6 on line 13 of page 6 the word "three" and inserting in lieu thereof the word "five", and by striking from said Section 6 on line 24 of page 6 the word "bachelor's" and inserting in lieu thereof the word "master's".
By striking from Section 6 beginning on line 32 of page 6 the follow ing:
"nurses with bachelor's degrees",
- and inserting in lieu thereof the following:
"psychiatric nurse specialists".

TUESDAY, MARCH 25, 1975

3871

By striking from Section 9 on line 9 of page 9, the word "nursing" and inserting in lieu thereof the following:

"psychiatric nurse specialty".

By striking from Section 10 on line 1 of page 10 the word "nursing" and inserting in lieu thereof the following:

"psychiatric nurse specialty",

and by striking from Section 10 on lines 9, 13 and 15 of page 10 the word "three" and inserting in lieu thereof the word "five".

FOR THE SENATE
/s/' Virginia Shapard Senator, 28th District
/s/ Jimmy Lester Senator, 23rd District
/s/ Ed Garrard Senator, 37th District

Respectfully submitted,
FOR THE HOUSE
/s/ John Linder Representative, 44th District
/s/ Sidney Marcus Representative, 26th District
/s/ Eleanor Richardson Representative, 52nd District

Representative Marcus of the 26th moved that the House adopt the report of the second Committee of Conference on SB 72.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D.
Bailey Bargeron Battle Baugh Beck
Berry Bolster Bowman Burruss Burton Calhoun Carlisle Carnes Carrell Castleberry Chance Childers Child s Clark, L.

Clifton Connell Cooper Cox Davis Dent Dixon Edwards, C. W. Edwards, W. Egan Elliott Evans, W. D. Felton Foster, R. L. Fraser Glanton Glover Greer Harden Harris, B. B.

Harrison Hatcher Hawkins Hays Hill, G. Horton Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Kilgore King Knight Lane, Dick

3872
Larsen, G. K. Lee Leggett Leonard Linder Mann Marcus McCollum McKinney Miles Mostiler Mullinax Nix Noble Owens Oxford Parham Parkman

JOURNAL OF THE HOUSE,

Parrish Patten, G. C. Peters Petro Phillips, R. T. Phillips, W. R. Pinkston Rainey Ray Reaves Richardson Rush Russell, J. Russell, W. B. Sams Shanahan Sheats

Sizemore Smith, J. R. Smith, V. B. Stone Sweat Taggart Thomason Tolbert Tucker Vaughn Waddle Wall Ware Watson West White Williamson

Those voting in the negative were Representatives:

Adams, Marvin Alexander Bray Brown Carter Clark, Betty Crawford Culpepper Daugherty Dean Dover

Foster, P. W. Ham Hill, B. L. Holmes Irwin Jackson Kreeger Lane, W. J. Larsen, W. W. Lucas Matthews, D. R.

Nessmith Patten, R. L. Phillips, L. L. Randall Scott Smyre Whitmire Williams Wilson Wood

Those not voting were Representatives:

Adams, John Banks Beckham Blackshear Buck Carr Cole Coleman Collins Colwell Evans, B. Gammage

Gignilliat Hamilton Harris, J. G. Harris, J. F. Howard Howell Keyton Lambert Logan Long Matthews, C. McDonald

Milford Ross Sigman Snow Thompson Toles Townsend Triplett Twiggs Walker Wheeler Mr. Speaker

On the motion, the ayes were 112, nays 32.

TUESDAY, MARCH 25, 1975

3873

The motion prevailed and the report of the second Committee of Conference was adopted.

The following Bill of the House was taken up for the purpose of considering the rejection of the report of the Committee of Conference by the House on the previous legislative day:

HB 17. By Representatives Ware of the 68th, Greer of the 43rd and Castleberry of the lllth:
A Bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to provide for additional definitions; to change certain definitions; to change the provisions relating to minimum in surance coverage for motor vehicles; to change the provisions relating to survivors' benefits; and for other purposes.

Representative Greer of the 43rd moved that a second Committee of Con ference on the part of the House be appointed on HB 17.

The motion prevailed and the Speaker appointed as a second Committee of Conference on the part of the House the following members thereof:
Representatives Greer of the 43rd, Ware of the 68th and Wood of the 9th.

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 97. By Senators Stephens of the 36th, Hamilton of the 34th, Hudson of the 35th and others:
A Resolution proposing an amendment to the Constitution so as to change the definition of the term "income" with respect to determining the right to the $10,000.00 homestead exemption for certain disabled persons and persons 65 years of age or older of Fulton County so that the term "income" shall mean adjusted gross income under federal laws.

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

HB 568. By Representatives Howard and Cooper of the 19th, Nix, Edwards and Harrison of the 20th and others:
A Bill to repeal Chapter 61-4 of the Code consisting of Sections 61-401

3874

JOURNAL OF THE HOUSE,

through 61-407 relating to distress warrants; to establish a new Chapter 61-4 of the Code relating to distress warrants; to provide that landlords shall have power to distrain for rents.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 1087. By Representatives Miles of the 86th, Connell of the 87th and Dent of the 85th:
A Bill to amend an Act creating the Richmond County Board of Tax Assessors, so as to change the provisions relative to the Chief Tax Appraiser.

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

HB 926. By Representative Signlan of the 74th:
A Bill to amend an Act creating a Board of Commissioners for Newton County so as to update and renumber the provisions of said Act; to re quire the members and the chairman of the board to submit itemized statements of certain expenses.

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

SR 97. By Senator Stephens of the 36th:
A Resolution proposing an amendment to the Constitution so as to change the definition of the term "income" with respect to determining the right to the $10,000 homestead exemption for certain disabled persons and persons 65 years of age or older of Fulton County so that the term "income" shall mean adjusted gross income under federal laws; and for other purposes.

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

SB 152. By Senator Fincher of the 54th:
A Bill to amend an Act known as the "Georgia Public Assistance Act of 1965", as amended, so as to provide that the Department of Human Resources may recover overpayments of public assistance from recipients either by a civil action or by reduction in the future assistance grants; and for other purposes.

TUESDAY, MARCH 25, 1975

3875

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

On the passage of the Bill, the ayes were 105, nays 0.

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

SB 156. By Senators Foster of the 50th, Stumbaugh of the 55th, Howard of the 42nd and others:
A Bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for employees of the State of Georgia, as amended; and for other purposes.

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

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

Those voting in the affirmative were Representatives:

Adams, G. D.
Adams, John Adams, Marvin Alexander Bailey Banks Baugh Beck Blackshear Bolster Bowman Brown Burton Carnes Castleberry Chance Childers Childs Clark, Betty
Clifton Cole Cooper Cox Crawford Culpepper Daugherty Davis Dean

Edwards, C. W. Edwards, W. Felton Foster P. W
Foster, R. L Gammage Glanton Greer Ham Hamilton Harden Hatcher Holmes Horton Howell Hudson Hutchinson Irvin, J. Irwin Jessup Johnson, R. Johnson, W. R. Jordan Knight Lambert Lane, Dick Leggett Leonard

Long
Lucas Matthews, D. R. Mostiler Mullinax Oxford Parham Parkman
Patten, G. C. Randall Ray Ross Russell, W. B. Shanahan Sheats Smith, V. B.
Stone Sweat Thomason
Tolbert Triplett
Tucker Vaughn Waddle Walker West Whitmire Williamson

3876

JOURNAL OF THE HOUSE,

Those voting in the negative were Representatives:

Bargeron Beckham Berry Buck Calhoun Carter Clark, L. Dent Dixon Dover Egan Evans, W. D. Fraser Gignilliat Harris, B. B. Hays Hill, G.

Irvin, R. Jackson Jones King Kreeger Lane, W. J. Larsen, G. K. Larsen, W. W. Linder Logan Mann Marcus McCollum McKinney Miles Milford

Nessmith Parrish Peters Phillips, R. T. Phillips, W. R. Rainey Richardson Rush Russell, J. Smyre Thompson Twiggs Wall White Wilson Wood

Those not voting were Representatives :

Battle Bray Burruss Carlisle Carr Carrell Coleman Collins Colwell Connell Elliott Evans, B. Glover Harris, J. G. Harris, J. F. Harrison

Hawkins Hill, B. L. Howard Karrh Keyton Kilgore Lee Matthews, C. McDonald Nix Noble Owens Patten, R. L. Petro Phillips, L. L. Pinkston

Reaves Sams Scott Sigman Sizemore Smith, J. R. Snow Taggart Toles Townsend Ware Watson Wheeler Williams Mr. Speaker

On the passage of the Bill, the ayes were 84, nays 49.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Walker of the 115th moved that the House reconsider its action in failing to give the requisite constitutional majority to SB 156.

On the motion, the roll call was ordered and the vote was as follows:

TUESDAY, MARCH 25, 1975

3877

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, Marvin
Alexander Bailey Banks Bargeron Baugh Beck Blackshear Bolster Bowman Brown Burton Carter Castleberry Chance Childers Childs Clark, Betty Clifton Cole Connell Cooper Cox Crawford Culpepper Daugherty Davis Dean Dixon Edwards, W. Egan Evans, W. D.
Pelton Poster, P. W. Foster, R. L.

Gammage Glanton Glover Greer Ham Hamilton Harden Hatcher Hawkins Hays Holmes Howard Howell Hutchinson Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R.
Jones Jordan Knight Kreeger Lambert Larsen, G. K. Larsen, W. W. Leggett Leonard Linder Long Lucas Mann Matthews, D. R. McCollum Miles

Milford Mostiler Mullinax Oxford Parham Parkman Parrish Peters Phillips, R. T. Rainey Randall Ray Richardson Ross Russell, J. Russell, W. B. Sams Shanahan Sheats Smith, V. B.
Smyre Stone Sweat Thomason Thompson Tolbert Triplett Tucker Vaughn Waddle Walker West White Whitmire Williamson
Wood

Those voting in the negative were Representatives:

Beckham Calhoun Clark, L. Praser Gignilliat

Harris, B. B. Hill, G. King Lane, W. J. Nessmith

Phillips, W. R. Rush Twiggs Wall

Those not voting were Representatives:

Adams, John Battle Berry Bray Buck

Burruss Carlisle Carnes Carr Carrell

Coleman Collins Colwell Dent Dover

3878
Edwards, C. W. Elliott Evans, B. Harris, J. G. Harris, J. P. Harrison Hill, B. L. Horton Hudson Irvin, J. Karrh Keyton Kilgore Lane, Dick Lee

JOURNAL OF THE HOUSE,

Logan Marcus Matthews, C. McDonald McKinney Nix Noble Owens Patten, G. C. Patten, R. L. Petro Phillips, L. L. Pinkston Reaves

Scott Sigman Sizemore Smith, J. R. Snow Taggart Toles Townsend Ware Watson Wheeler Williams Wilson Mr. Speaker

On the motion, the ayes were 108, nays 14.

The motion prevailed and SB 156 was reconsidered.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 754. By Representatives Murphy of the 18th, Snow of the 1st, Harris of the 8th and Collins of the 144th:
A Bill to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel so as to provide for the organization of the Committee; and for other purposes.

Representative Vaughn of the 57th moved that the House insist on its position in disagreeing to the Senate amendment to HB 754 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:
Representatives Snow of the 1st, Collins of the 144th and Harris of the 8th.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereof:

TUESDAY, MARCH 25, 1975

3879

HB 568. By Representatives Howard and Cooper of the 19th, Nix of the 20th and others:
A Bill to repeal Chapter 61-4 of the Code consisting of Sections 61-401 through 61-407 relating to distress warrants; to establish a new Chapter 61-4 of the Code relating to distress warrants; to provide that landlords shall have power to distrain for rents; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to repeal Chapter 61-4 of the Code, consisting of Sections 61-401 through 61-407 relating to distress warrants; to estab lish a new Chapter 61-4 of the Code relating to distress warrants; to pro vide that landlords shall have power to distrain for rents; to provide a procedure for distress warrant applications; to provide for the issuance of distress warrant summons; to provide for service of such summons; to establish a procedure for answer to summons and trial of the issues; to provide for payment of rent into court during pendency of distress warrant proceedings; to require tenants to retain possession of goods and property during pendency of distress warrant proceedings; to pro vide for payments of rent from the court during such proceedings; to provide for judgment and satisfaction upon determination of the issues; to provide for an appeal from such judgments; to provide payment of rent as a defense to distress warrant proceedings; to provide for a grant of distress warrants; to provide for execution and levy of distress war rant upon goods and property; to establish lien of landlord; to establish priorities of lien of landlord; to provide for a forthcoming bond; to provide for interposition and trial of claims of third persons; 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 GEORGIA:
Section 1. Code Chapter 61-4, relating to distress warrants and con sisting of Sections 61-401 through 61-407, is hereby stricken and repealed in its entirety.
Section 2. Code Title 61, relating to landlord and tenant, is hereby amended by inserting therein a new Code Chapter to be known as Code Chapter 61-4, to read as follows:
"CHAPTER 61-4
DISTRESS WARRANTS
61-401. Power of landlord to distrain for rent.
61-402. Application for distress warrant.
61-403. Summons to be served on defendant.
61-404. Answer and trial.

3880

JOURNAL OF THE HOUSE,

61-405. Payment of rent into court; tenant to retain possession of property.
61-406. Judgment and satisfaction. 61-407. Appeal. 61-408. Offer of payment by tenant. 61-409. Execution and levy. 61-410. Lien of landlord to attach from time of affidavit; priorities.
61-411. Bond.
61-412. Claims by third persons, how interposed and tried.

61-401. Power of Landlord to Distrain for Rent.--The landlord shall have power to distrain for rent as soon as the same is due if the tenant is seeking to remove his goods from the premises.

61-402. Application for Distress Warrant.--When rent is due or the tenant is seeking to remove goods, the landlord, his agent, at torney in fact or attorney at law may, upon statement of the facts under oath, apply for a distress warrant before the judge of the Superior Court, State Court, Civil Court or Small Claims Courts with in the county where the tenant may reside or where his property may be found.
61-403'. Summons to be Served on Defendant.--When the af fidavit provided for in Section 61-402 shall be made, the judge of the Superior Court, State Court or Civil Court before whom it was made shall grant and issue a summons to the marshal, sheriff or his deputy of the county where the tenant resides or his property may be found, a copy of which summons, together with a copy of the affidavit, shall be personally served upon the defendant. If the sheriff is unable to serve the defendant personally, service may be given by delivering said summons and affidavit to any person sui juris residing on the premises. The summons served on the de fendant pursuant hereto shall commond and require the tenant to appear at a hearing on a day certain not less than five nor more than twenty days from the date of actual service.
61-404. Answer and Trial.--At or before the time of the hear ing the defendant may answer in writing. Also, the defendant may answer orally at the time of the hearing. If the answer is oral, the substance thereof shall be endorsed upon the affidavit. The answer may contain any legal or equitable defense, or counterclaim. If the tenant fails to answer, the court shall grant a distress warrant, and the plaintiff shall be entitled to a verdict and judgment by default for all rents due, in open court or chambers, as if every item and paragraph of the affidavit provided for in Section 61-402 were supported by proper evidence without the intervention of a jury.
If the tenant answers, a trial of the issue shall be had in accor dance with the procedure prescribed for civil action in courts of rec-

TUESDAY, MARCH 25, 1975

3881

ord. Every effort shall be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain in possession of the premises and his property pending the final outcome of the litigation; provided, however, that the tenant complies with the pro visions of Section 61-405.

61-405. Payment of Rent into Court; Tenant to Retain Posses sion of Property.--In any case, the tenant shall comply with the following provisions:

(a) At the time the tenant answers, the tenant shall pay into the registry of the trial court all rent admittedly owed prior to the issuance of the summons; provided, however, that in lieu of such payment the tenant shall be allowed to submit to the court a receipt indicating that payment has been made to the landlord. In the event that the amount of rent is in controversy, the court shall determine the amount of rent to be paid into court in the same manner as expressed in subsection (b) of this Section.

(b) Thereafter, the tenant shall pay into the registry of the trial court all rent which becomes due after the issuance of the summons as said rent becomes due. If the landlord and tenant disagree as to the amount of rent, the parties, or one of them, may submit to the court any written rental contract for the purpose of establishing the amount of the rent to be paid into the registry of the court. If the amount of rent is in controversy and no written rental agree ment exists between the tenant and landlord, the court shall require as the amount of rent a sum equal to the last previous rental pay ment made by the tenant and accepted by the landlord without writ ten objection.

(c) If the landlord is also seeking a dispossessory warrant against the tenant, pursuant to the provisions of Code Chapter 61-3, whence paid into court under Code Section 61-304 shall fully satisfy the requirements under subsections (a) and (b) of this Section.

(d) After the date of service of the summons as provided in Section 61-403, the tenant shall not transfer, convey, remove, con ceal or hide his property or goods without either posting bond, as provided in Section 61-411, or complying with the provisions of sub sections (a) and (b) of this Section.

(e) If the tenant shall fail to comply with any of the provisions hereof, then the tenant shall not be entitled to retain possession of his property pending a trial on the merits, as provided by Section 61-404, unless he posts bond, as provided by Section 61-411. Failure to comply with any provisions of this Section shall in no way affect the tenant's ability to litigate the issues raised in his answer, but shall only affect possession of the property pendente lite. The prop erty involved shall be seized by the marshal, sheriff or deputy, as applicable, and held hereby for levy and sale after judgment, as provided by Section 61-409, if judgment is against the tenant.

3882

JOURNAL OF THE HOUSE,

(f) The court shall order the clerk of the court to pay to the landlord the amounts paid into the registry of the court as the said payments are made, provided, however, that if the tenant claims that he is entitled to all or a part of said fund and such claim is an issue of controversy in the litigation, the court shall order the clerk to pay to the landlord without delay only that portion of the funds to which the tenant has made no claim in the proceedings. That part of the fund which is a matter of controversy in the litigation shall re main in the registry of the court until a final determination of the issues.
61-406. Judgment and Satisfaction.-- (a) If, on the trial of the case, judgment is against the tenant, judgment shall be entered against the tenant for all rent due and for any other claim relating to the dispute and the distress warrant shall be granted.

(b) If judgment is for the tenant, he shall be entitled to remain in the premises and in possession of his goods and property, and the landlord shall be liable for all foreseeable damages shown to have been caused by his wrongful conduct. Any funds remaining in the registry of the court shall be distributed to the parties in ac cordance with the judgment of the court. If the tenant has been deprived of possession of his property pendente lite pursuant to the provisions of Section 61-405 (e), the court shall order that the property be returned immediately to the tenant.

61-407. Appeal.--Any judgment by the trial court shall be ap pealable to the Court of Appeals or Supreme Court, as applicable, pursuant to Title 6 of the Georgia Code. If the judgment of the trial court is against the tenant and the tenant appeals this judg ment, the tenant shall remain in the premises and in possession of his goods and property; provided, however, that the tenant shall comply with all provisions of Section 61-405 or 61-411 until the issue has been finally determined on appeal.

61-408. Offer of Payment by Tenant.--In an action for non payment of rent, the tenant shall be allowed to tender, within seven days of the day the tenant was served with the summons pursuant to Section 61-402, to the landlord all rents allegedly owed plus the cost of the distress warrant. Such a tender shall be a complete de fense to the action.
61-409. Execution and Levy.--Whenever a distress warrant is granted pursuant to this Chapter, such distress warrant may be levied by the marshal, sheriff or deputy, duly qualified, on any property belonging to said tenant, whether found on the premises or elsewhere, who shall advertise and sell the same, as in the case of levy and sale under execution.

61-410. Lien of Landlord to Attach from Time of Affidavit: Priorities.--The landlord's lien for his rent shall attach from the time that the affidavit is made pursuant to Section 61-401 hereof, but it shall take precedence of no lien of older date except as to the crop raised on the premises.

TUESDAY, MARCH 25, 1975

3883

61-411. Bond.--In all cases where the tenant may desire to transfer, remove or convey any of his goods or property after service of summons, such tenant shall post bond with good security for a sum equal to the value of such property or the amount of the rent alleged to be due, whichever is less, to be estimated by the judge, for the delivery of such property at the time and place of sale, provided the property shall be found subject to such rent. Upon approval of such bond by the judge, the tenant may convey, transfer or remove such property without restriction.

61-412. Claims by Third Persons, How Interposed and Tried.-- When the property distrained may be claimed by a third person, the same shall be claimed on oath and bond given as required in cases of other claims, but shall be returned and tried as provided by law for the trial of the right of property levied upon by execu tion."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Howard of the 19th moved that the House agree to the Senate substitute to HB 568.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Alexander Brown Clark, Betty
Cole
Davis Dean Dixon Edwards, C. W. Edwards, W. Egan

Poster, R. L. Praser Hatcher Hawking Holmes Howard Jordan Karrh King McKinney

Nix Phillips, W. R. Rainey Ray Sheats Stone Sweat Tolbert Vaughn White

Those voting in the negative were Representatives:

Adams, John Adams, Marvin Bailey Banks Bargeron Battle Baugh Beck Berry Blackshear Bolster

Bray Burruss Burton Calhoun Carlisle
Games Carrell Carter Castleberry Chance Childers

Childs Clark, L. Clifton Coleman Cooper Cox Crawford Culpepper Daugherty Dover Evans, W. D.

3884
Felton Foster, P. W. Gammage Glanton Glover Greer Ham Harden Hays Hill, G. Hudson Hutchinson Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Keyton Kilgore Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K.

JOURNAL OF THE HOUSE,

Leggett Leonard Linder
Lucas Mann Marcus Matthews, D. R. McCollum Miles Milford Mostiler Mullinax Nessmith Noble Owens Oxford Par ham Parkman Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T. Randall

Reaves Ross Rush
Russell, J. Sams Shanahan Sigman Smith, J. R. Smith, V. B. Smyre Snow Taggart Thomason Tucker Twiggs Daddle Walker Wall Ware West Whitmire Williamson Wilson Wood

Those not voting were Representatives :

Adams, G. D. Beckham Bowman Buck Carr Collins Colwell Connell Dent Elliott Evans, B. Gignilliat Hamilton Harris, B. B. Harris, J. G.

Harris, J. F. Harrison Hill, B. L. Horton Howell Irvin, J. Jones Lambert Larsen, W. W. Lee Logan Long Matthews, C. McDonald

Parrish Pinkston Richardson Russell, W. B. Scott Sizemore Thompson Tolea Townsend Triplett Watson Wheeler Williams Mr. Speaker

On the motion, the ayes were 30, nays 107.

The motion was lost and the House disagreed to the Senate substitute to HB 568.

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

TUESDAY, MARCH 25, 1975

3885

SB 262. By Senators Starr of the 44th, Kennedy of the 4th, Langford of the 51st and others:
A Bill to amend an Act known as the "Georgia Correctional Industries Act", as amended, so as to authorize the Administration to compensate certain inmates employed in correctional industries out of funds arising from the sale of services provided by or produced from the work of inmates; and for other purposes.

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

On the passage of the Bill, the ayes were 92, nays 2.

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

SB 59. By Senator Kidd of the 25th:
A Bill to amend an Act providing for retirement benefits for the Judges of the Probate Courts, as amended, so as to change the provisions relating to the office of Secretary-Treasurer of the Board of Com missioners of the Judges of the Probate Courts Retirement Fund of Georgia; and for other purposes.

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

On the passage of the Bill, the ayes were 91, nays 7.

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 passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 894. By Representatives Knight of the 67th, Ware of the 68th, Greer of the 43rd and others:
A Bill to amend Title 56, relating to insurance, so as to provide for the registration, regulation, development and operation of prepaid legal services plans.

3886

JOURNAL OF THE HOUSE,

The Senate has appointed a Second Committee of Conference on the following Bill of the House, to-wit:

HB 17. By Representatives Ware of the 68th, Greer of the 43rd and Castleberry of the lllth:
A Bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to provide for additional definitions; to change certain definitions; to change the provisions relating to minimum in surance coverage for motor vehicles; to change the provisions relating to minimum insurance coverage for motor vehicles; to change the provisions relating to survivors' benefits.

The President has appointed on the part of the Senate the following Senators: Doss of the 52nd, Starr of the 44th, and Warren of the 43rd:

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 119. By Representative McKinney of the 35th, Clark of the 55th, and others: A Bill 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 changing the population bracket to 300,000.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 894. By Representatives Knight of the 67th, Ware of the 68th, Greer of the 43rd and others: A Bill to amend Title 56, relating to insurance, so as to provide for the registration, regulation, development and operation of prepaid legal services plans; and for other purposes.

The following Senate amendment was read:
The Senate offers the following amendment:
Amend HB 894 by adding on Page 1, line 4, in the title following the semicolon after the word "severability" the following:
"to provide an effective date".
By adding on Page 21, ending on line 33, following Section 2 the following:

TUESDAY, MARCH 25, 1975

3887

"Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."

By renumbering Section 3 as Section 4,

Representative Knight of the 67th moved that the House agree to the Senate amendment to HB 894.
On the motion, the ayes were 103, nays 1.

The motion prevailed and the Senate amendment to HB 894 was agreed to.

Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time:
SR 151. By Senator Lewis of the 21st: A Resolution authorizing the conveyance of certain real property located in Jenkins County, Georgia; and for other purposes.
The following amendment was read and adopted:
The Committee on State Institutions & Property moves to amend SR 151 as follows:
on page 4, line 18, by deleting the "." and adding after the word "uses" the following:
"and in the event that this park is abandoned for these uses, it shall revert to the state."

The following amendment was read and adopted:
Representative Colwell of the 4th moves to amend SR 151 as follows:
By striking from line 21 of page 3 and line 19 of page 4, wherever the same shall appear on such lines, the word "Governor" and inserting in lieu thereof the words "State Properties Commission".
By striking from line 15 of page 4 the following:
"Ten Dollars ($10.00)",
and inserting in lieu thereof the following:
"mutually agreed upon by the governing authority of the City of Millen and the State Properties Commission".

3888

JOURNAL OF THE HOUSE,

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

On the adoption of the Resolution, as amended, the ayes were 103, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, 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 579. By Representative Rainey of the 135th:
A Bill to amend the Natural Resources Act of 1973, so as to authorize the Department of Natural Resources to contract for or provide itself necessary water transportation and essential services for its employees and other permanent residents of certain coastal islands; and for other purposes.

The following report of the Committee of Conference on HB 579 was read:

Conference Committee Report on HB 579

The Conference Committee on HB 579 recommends that the Senate recede from its amendments and that HB 579 as passed by the House be adopted.

FOR THE SENATE:
1st Hugh Gillis Senator, 20th District
Is/ Pierre Howard Senator, 42nd District
/s/ J. Beverly Longford Senator, 51st District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
I si Howard Rainey Representative, 135th District
Is/ Robert G. Peters Representative, 2nd District
Is/ Forest Hays, Jr. Representative, 1st District

Representative Rainey of the 135th moved that the House adopt the report of the Committee of Conference on HB 579.

On the motion, the ayes were 93, nays 0.

The motion prevailed and the House adopted the report of the Committee of Conference on HB 579.

TUESDAY, MARCH 25, 1975

3889

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

Mr. Speaker:

The Senate adheres to its disagreement to House substitute and has appointed a Committee on Conference to the following Bill of the Senate, to-wit:

SB 125. By Senators Duncan of the 30th, Riley of the 1st, Broun of the 46th and others:
A Bill to amend Code Section 57-101, relating to the legal rate of interest so as to change the legal rate of interest allowable by contract; to authorize a lender to charge a service fee on any loan in addition to interest.

The President has appointed on the part of the Senate the following Senators: Turner of the 8th, Duncan of the 30th, and Lester of the 23rd:

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

SR 140. By Senators Reynolds of the 48th and Hudson of the 35th:
A RESOLUTION
Creating the Blue Laws Study Committee; and for other purposes.
WHEREAS, during its 1974 session, the General Assembly enacted the "Common Day of Rest Act of 1974"; and
WHEREAS, the purpose of that Act was to promote the health, recreation, welfare, repose and religious liberty of each individual of this State; and
WHEREAS, the Supreme Court of Georgia has recently held that Act unconstitutional; and
WHEREAS, there is a need to consider what the law of Georgia should be in this important area.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Blue Laws Study Committee to be composed of three members of the Senate ap pointed by the President of the Senate and three members of the House of Representatives appointed by the Speaker of the House. The President of the Senate and the Speaker of the House shall each appoint a cochairman of the Committee.

3890

JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that each member of the Committee shall receive the expenses and allowances 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 President of the Senate and the Speaker of the House. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated to or available to the legislative branch of govern ment. The Committee shall make a report of its findings and recom mendations on or before January 12, 1976, on which date the Committee shall stand abolished.

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

On the adoption of the Resolution, the ayes were 90, nays 1.

The Chair voted aye.

On the adoption of the Resolution, the ayes were 91, nays 1.

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

SR 139. By Senators Lester of the 23rd and Riley of the 1st:
A RESOLUTION
Creating the Freeport Tax Study Committee; and for other purposes.
WHEREAS, House Bill 866 was introduced during the 1975 Session of the General Assembly to provide a phased program whereby a Georgia State income tax credit will be established for ad valorem tangible property taxes paid at the political subdivision level on in-transit in ventory by certain industries; and
WHEREAS, the provisions of this bill, if enacted by the General Assembly, will enable goods moving in interstate commerce through or over the territory of this State and destined for shipment outside this State to qualify for a Georgia income tax credit; and
WHEREAS, the provisions of this bill, if enacted by the General Assembly, will also reduce unemployment and broaden the tax base of political subdivisions.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Freeport Tax Study Committee to be composed of five members of the Senate who shall be appointed by the President of the Senate and five members

TUESDAY, MARCH 25, 1975

3891

of the House of Representatives who shall be appointed by the Speaker of the House of Representatives. The Committee shall study House Bill 866 and review the laws of other states relating to in-transit inventory taxation. The Committee is further authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The Department of Community Development is authorized to furnish such assistance to the Committee as the Committee deems appropriate, and the Department is further authorized to employ con sultants to assist the Committee. Each member of the Committee shall receive for his services on the Committee the expenses and allowances authorized by law for members of interim legislative committees. The funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the Legislative Branch of Government. The Committee shall make a report of its find ings and recommendations, with additional suggestions for proposed legislation, if any, to the 1976 Session of the General Assembly on or before December 31, 1975, at which time the Committee shall stand abolished.

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

On the adoption of the Resolution, the ayes were 99, nays 0.

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

SB 336. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A Bill to amend Code Chapter 40-19, relating to the Supervisor of Purchases, so as to provide that the Director of Corrections must certify the availability of goods before State agencies can obtain same; and for other purposes.

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

On the passage of the Bill, the ayes were 93, nays 1.

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

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

3892

JOURNAL OF THE HOUSE,

HB 196. By Representatives Howell of the 140th, Bray of the 70th, Burton of the 47th and Tolbert of the 56th:
A Bill to amend Code Section 34-1505, relating to a recount of the votes so as to provide for an automatic recount of the vote in certain circum stances; and for other purposes.

The following Senate substitute to HB 196 was read:
A BILL
To be entitled an Act to amend Code Section 34-1505, relating to a recount or recanvass of the votes, as amended, to provide for an auto matic recount of the vote in certain circumstances; to repeal conflicting laws and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 34-1505, relating to a recount or recanvass of votes, is hereby amended by adding at the end of said Code Section a new subsection to be designated subsection (c) and to read as follows:
"(c) Whenever the difference between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in an election or who has been declared eligible for a run-off primary or election and the number of votes received by any other candidate or candidates not declared so nominated or elected or eligible for a run-off shall be not more than one percent of the total votes which were cast for such office therein, any candidate or candidates receiving a sufficient number of votes so that the difference between his vote and that of a candidate declared nomi nated, elected or eligible for a run-off is not more than one percent of the total votes cast, within a period of five days following the certification of the election results, shall have the right to a recount of the votes cast if such request be made in writing by the losing candidate. The superintendent(s) shall order a recount of such votes to be made forthwith. If upon such recount, it is determined that the original count was incorrect, the returns and all papers prepared by the superintendent(s) or the Secretary of State shall be corrected accordingly and the results recertified."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed; provided, however, if this Act or any portion hereof is disapproved by the United States District Court for the District of Columbia or if this Act is submitted to the United States Attorney General and he objects to the enforcement of this Act or any portion hereof pursuant to the authority granted to said court or to the United States Attorney General by the Voting Rights Act of 1965 (U.S.C. Sec. 1973C) the prior law or parts of law shall not be repealed.

TUESDAY, MARCH 25, 1975

3893

Representative Howell of the 140th moved that the House agree to the Senate substitute to HB 196.

On the motion to agree, the ayes were 103, nays 0.

The Senate substitute to HB 196 was agreed to.

The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House substitute thereto:

SB 125. By Senators Duncan of the 30th, Riley of the 1st, Broun of the 46th and others:
A Bill to amend Code Section 57-101, relating to the legal rate of interest, so as to change the legal rate of interest allowable by contract; and for other purposes.

Representative Johnson of the 72nd moved that the House insist on its position in passing SB 125 by substitute and that the Speaker appoint a Com mittee on Conference on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed and the Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Triplett of the 128th, Carnes of the 43rd and Johnson of the 72nd.

The following Resolution of the House was read and adopted:

HR 434. By Representatives Patten of the 146th, Larsen of the 119th, Walker of the 115th, Harris of the 60th and Clifton of the 107th:
A RESOLUTION
Relative to watermelon seed spitting; and for other purposes.
WHEREAS, Joe McKellar of Tift County, Georgia, can spit watermelon seeds longer and better than any other person in this country; and
WHEREAS, under the proper circumstances and conditions, Mr. McKellar can expectorate a watermelon seed in excess of 36 feet; and
WHEREAS, during the closing hours of this session, the members of this body are indeed desirous of observing the phenomenon of Mr. McKellar projecting his missiles down the aisles of this body.

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JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend to Honorable Joe McKellar, the 1975 National Watermelon Seed Spitting Champion, its warmest invitation to appear before this body and do his thing.

The Speaker announced the House in recess until 1:30 o'clock, this afternoon.

The Speaker Pro Tem called the House to order.

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

HB 247. By Representatives Edwards of the 110th, Harris of the 8th, Vaughn of the 57th, and others:
A Bill to amend an Act authorizing the Dept. of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, so as to increase to twelve cents per mile the rate at which the State reimburses expenses incurred by em ployees of the State or any agency thereof.

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

HB 896. By Representatives Murphy of the 18th, Colwell of the 4th, Lee of the 72nd, and others:
A Bill to revise, classify, consolidate and supersede the present State Properties Code and to establish a new codification of laws relating thereto, which codification shall be contained in Code of Ga. Chapter 91-1A, to be known and cited as the State Properties Code of Georgia.

The Senate has disagreed to the House amendment to the following Bill of the Senate, to-wit:

SB 100. By Senators Stephens of the 36th and Bond of the 39th:
A Bill to provide for the compensation of the Sheriff of certain counties, and the procedure in connection with the payment thereof; to provide for an effective date.

TUESDAY, MARCH 25, 1975

3896

The Senate insists on its amendments to the following Bill of the House, to-wit:

HB 1. By Representatives Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th, and others:
A Bill to provide for a rebate or credit against Georgia income taxes for the amount of certain ad valorem tangible property taxes paid by an individual or attributable to an individual.

The Senate adheres to its amendments and has appointed a Committee of Conference to the following Bill of the House, to-wit:

HB 754. By Representatives Murphy of the 18th, Snow of the 1st, Harris of the 8th, and Collins of the 144th:
A Bill to amend an Act creating the Legislative Services Commission and the Office of Legislative Counsel so as to provide for the organiza tion of the Committee; to provide for powers and authority of the Committee; to provide for duties and authority of the Legislative Counsel; to provide for legal services.

The President has appointed on the part of the Senate the following Senators: Riley of the 1st, Eldridge of the 7th, and Garrard of the 37th:

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 338. By Representative Smith of the 42nd, Smith of the 78th and Adams of the 36th:
A Bill to revise, classify, consolidate, and modernize present laws relating to the licensing of drivers of motor vehicles upon the highways of the State and to establish new laws relating thereto.

The Senate adheres to its disagreement to the House amendments and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate, to-wit:

SB 285. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A Bill to declare unfair or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; to provide for the creation of a Consumer Advisory Board; to name the Administrator; to authorize the Administrator to conduct investigations; to provide for severability.

The President has appointed on the part of the Senate the following Senators: Langford of the 51st, Banks of the 17th, and Robinson of the 27th.

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JOURNAL OP THE HOUSE,

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 119. By Representatives McKinney of the 35th, Clark of the 55th, Sheats of the 28th and Carnes of the 43rd:
A Bill to amend an Act providing that cities having a population of more than 150,000 shall furnish pensions to all officers and employees, so as to change the population bracket to 300,000; and for other purposes.

The following Senate amendment was read:
The Senate amends HB 119 as follows:
By striking from lines 21 through 27 of page 2 the following:
"which he would have paid into such fund had he been an employee of any such city 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",
and inserting in lieu thereof the following:
"equal to the employee contribution and the matching employer contribution based on the employee's entrance salary with such city, plus interest at 6% compounded annually from the date of the em ployee's original employment with such city to the date of applica tion for such military service credit. The payments may be divided into not more than sixty (60) equal installments bearing interest at 6% per annum on the unpaid balance and the amount may be de ducted from any compensation due such person".
By striking from lines 21 through 27 of page 3 the following:
"which he would have paid into such fund had he been an em ployee of any such department 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",
and inserting in lieu thereof the following:
"equal to the employee contribution and the matching employer contribution based on the employee's entrance salary with such city, plus interest at 6% compounded annually from the date of the em ployee's original employment with such city to the date of application for such military service credit. The payments may be divided into not more than sixty (60) equal installments bearing interest at

TUESDAY, MARCH 25, 1975

3897

6% per annum on the unpaid balance and the amount may be de ducted from any compensation due such person".
By striking from lines 21 through 27 of page 4 the following:
"which he would have paid into such fund had he been an em ployee of any such department during such time, plus matching funds, plus 69f 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",

and inserting in lieu thereof the following:
"equal to the employee contribution and the matching employer contribution based on the employee's entrance salary with such city, plus interest at 6% compounded annually from the date of the em ployee's original employment with such city to the date of applica tion for such military service credit. The payments may be divided into not more than sixty (60) equal installments bearing interest at 6% per annum on the unpaid balance and the amount may be deducted from any compensation due such person".

Mr. Carnes of the 43rd moved that the House disagree to the Senate amend ment to HB 119.

The motion prevailed and the House disagreed to the Senate amendment to HB 119.

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

SB 7. By Senator Starr of the 44th:
A Bill to amend Code Section 59-120, relating to the compensation of court bailiffs, so as to change their compensation; 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 94, nays 4.

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

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SB 1. By Senator McGill of the 24th:
A Bill to amend Code Chapter 68-1, relating to licenses, registration and operation of motor vehicles, so as to define the term "motorized bicycle"; and for other purposes.

The following amendment was read and adopted:
Representative Milford of the 13th moves to amend SB 1 by changing the number "one" on line 18, page one to "1%"; and the word "twenty" to "25" on line 21, page 1.

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

On the passage of the Bill, as amended, the ayes were 99, nays 4.

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

SB 2. By Senator McGill of the 24th:
A Bill to amend the Uniform Act Regulating Traffic on Highways, so as to exempt certain motorized bicycles from motor vehicle equipment and inspection requirements; and for other purposes.

The following amendment was read and adopted:
Representative Milford of the 13th moves to amend SB 2 by changing the number "twenty" to "25" on line 17, page 3.

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 0.

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

SB 166. By Senator Langford of the 51st:
A Bill to amend Code Title 68A, known as "The Uniform Rules of the Road", so as to permit vehicular traffic to turn right when facing a steady CIRCULAR RED signal under certain circumstances; and for other purposes.

TUESDAY, MARCH 25, 1975

3899

The following Committee substitute was read and adopted:

A BILL

To be entitled an Act to amend Code Title 68A, known as "The Uni form Rules of the Road", as amended, so as to permit vehicular traffic to turn right when facing a steady CIRCULAR RED signal under cer tain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Code Title 68A, known as "The Uniform Rules of the Road", as amended, is hereby amended by striking in its entirety sub section (c) of Code Section 68A-202, relating to the meaning of signal indications, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Steady red indications shall have the following meanings:
(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 inter section, or if none, then before entering the intersection and shall remain standing until an indication to proceed is shown except as provided in subsections 2 and 3 below.

(2) When a sign is in place permitting a turn, traffic, except pedestrians, facing a steady CIRCULAR RED signal may cautious ly 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 using the inter section.
(3) Traffic, except pedestrians, facing a steady CIRCULAR RED signal, after stopping as provided in subsection (1), may make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at such inter section. Such vehicular traffic shall not make a right turn against a steady CIRCULAR RED signal at any intersection where a sign is erected prohibiting such right turn.
(4) Unless otherwise affected by a pedestrian signal, pedes trians facing a steady CIRCULAR RED signal alone shall not enter the roadway.
(5) 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

3900

JOURNAL OF THE HOUSE,

if none, before entering the crosswalk on the near side of the inter section, 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.

(6) Unless otherwise directed by a pedestrian signal, pedes trians facing a steady RED ARROW signal indication shall not enter the roadway."

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 93, nays 2.

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

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amendment to the Senate amendment thereto:

HB 247. By Representatives Edwards of the 110th, Harris of the 8th, Vaughn of the 57th and others:
A Bill to amend an Act authorizing the Department of Administrative Services to operate motor pools, so as to increase to twelve cents per mile the rate at which the State reimburses expenses incurred by em ployees of the State; and for other purposes.

Representative Egan of the 25th moved that the House insist on its position in agreeing to the Senate amendment to HB 247, as amended by the House, and that the Speaker appoint a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed and the Speaker appointed as a Committee of Con ference on the part of the House, the following members: Representatives Lee of the 72nd, Bailey of the 72nd and Egan of the 25th:

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

TUESDAY, MARCH 25, 1975

3901

HB 1. By Representatives Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th and others:
A Bill to provide for a rebate or credit against Georgia income taxes for the amount of certain ad valorem tangible property taxes paid by an individual; and for other purposes.

Representative Vaughn of the 57th moved that the House insist on its position in disagreeing to the Senate amendments to HB 1 and that the Speaker appoint a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate.

The motion prevailed and the Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Castleberry of the lllth, Collins of the 144th and Harris of the 8th:

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

SB 163. By Senators Coverdell of the 40th and Lester of the 23rd:
A Bill to require the Department of Offender Rehabilitation to head a special task force to prepare and submit to the Governor, the State Crime Commission and each member of the General Assembly a written report regarding services necessary for the care of mentally retarded offenders; and for other purposes.

The following amendment was read and adopted:
The Committee on Health and Ecology moves to amend SB 163 as follows:
By striking subsection (a) of Section 3 in its entirety and sub stituting in lieu thereof a new subsection (a) to read as follows:
"(a) The Department of Offender Rehabilitation shall head a Task Force consisting of one representative from each of the fol lowing agencies, departments or divisions and the legislative branch of government:
(1) Department of Offender Rehabilitation,
(2) Division of Vocational Rehabilitation of the Department of Human Resources,
(3) Developmental Disabilities Section of the Department of Human Resources,

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JOURNAL OP THE HOUSE,

(4) Division of Mental Health of the Department of Human Resources.

(5) Youth Services Section of the Department of Human Resources,

(6) State Board of Corrections,

(7) Peace Officers Standards and Training Council,

(8) State Crime Commission,

(9) Judicial Council of Georgia

(10) Senate, and

(11) House of Representatives Each of such agencies, departments, or divisions shall designate one of its personnel as its representative on the Task Force. The Presi dent of the Senate shall appoint the member from the Senate and the Speaker of the House of Representatives shall appoint the mem ber from the House of Representatives."

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

On the passage of the Bill, as amended, the ayes were 98, nays 0.

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

SB 246. By Senator Warren of the 43rd: A Bill to amend an Act making certain practices of real estate brokers unlawful, so as to provide that certain solicitation activities of real estate brokers, real estate salesmen or their agents shall be unlawful; to provide penalties; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 90, nays 13.

The Chair voted aye. On the passage of the Bill, the ayes were 91, nays 13.

TUESDAY, MARCH 25, 1975

3903

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

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 908. By Representatives Elliott of the 49th, Adams of the 14th, Kilgore of the 65th and others:
A Bill to amend Code Section 68A-1002, authorizing police officers to remove vehicles so as to authorize police officers to remove a vehicle which is stopped on a controlled access highway which is a part of the National System of Interstate and Defense Highways when such vehicle has been stopped for more than a certain period of time or when such vehicle constitutes a traffic hazard.
HB 1165. By Representatives Cooper, Howard, and Wilson of the 19th, and others:
A Bill to amend an Act providing for an additional Judge of the Superior Court of the Cobb Judicial Circuit so as to change the compensation of the full-time court reporters.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreement to the House amendment thereto:

SB 100. By Senators Stephens of the 36th and Bond of the 39th: A Bill to provide for the compensation of the sheriff of certain counties and the procedure in connection with the payment thereof; and for other purposes.
Representative Lane of the 40th moved that the House insist upon its position in amending SB 100.
The motion prevailed and the House insisted upon its position in amending SB 100.

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

HB 338. By Representatives Smith of the 42nd, Smith of the 78th and Adams of the 36th:
A Bill to revise, classify, consolidate and modernize present laws relating

3904

JOURNAL OP THE HOUSE,

to the licensing of drivers of motor vehicles upon the highways of the State and to establish new laws relating thereto; and for other purposes.

The following Senate amendments were read:
Senate amendment No. 1:
Amend HB 338 by striking in its entirety Section 68B-215(c) there of and substituting in lieu thereof the following:
"(c) The Department shall upon the request of a driver made in a manner to be prescribed by the Department furnish to such driver or other person designated by such driver a certified abstract of that driver's operating record. The abstract shall include an enumeration of any accidents in which the driver has been involved, convictions, information pertaining to financial responsibility, and any other information the Department may consider pertinent. The Department shall prescribe a fee for furnishing such abstract, such fee not to exceed ten dollars, such fee to cover the costs of ad ministering this Section. Subject to the provisions of subsection (d) of this Section, any person who knowingly submits a request for an abstract of a driving record other than one to which he is entitled pursuant to this Section and the rules and regulations pro mulgated by the Department pursuant hereto shall be punished upon conviction by not more than 12 months imprisonment or a fine not to exceed one thousand dollars or both.",
and
By striking from line 14 of subsection 68B-306(c) the word "here inafter" and substituting therefor the word "hereafter".
Senate amendment No. 2:
Amend HB 338 by inserting, preceding the word "In" on line 4 of page 14, the following: "(a)".
By inserting, at the end of the material quoted as Section 68B-212 between lines 10 and 11 of page 14 the following:
"(b) The Department of Public Safety and the officers in charge of State Patrol stations shall issue a temporary driver's license to each individual who has lost by misplacement, and not by revocation or suspension, his instruction permit or driver's license and who has made application under oath on a form furnished by the Department which states that the applicant presently has a valid license which has been lost or misplaced.
(c) Any person who falsely swears or falsely makes the oath provided for in subsection (b) shall be punished as for a mis demeanor.

TUESDAY, MARCH 25, 1975

3905

(d) Any temporary license issued pursuant to this Section shall be valid for 15 days, but the same may be renewed in the event the applicant's duplicate license has not been received within such time."

Senate amendment No. 3:
Amend HB 338 by striking subsection (a) of quoted Code Section 68B-218 of Section 1 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows:

"(a) Except as specifically provided in this Title, no part of this Title shall be interpreted as affecting the rights and privileges of a person holding a veteran's or honorary license, and nothing here in shall be construed so as to authorize the Department to impose any charge or fee of any type whatsoever for the issuance or renewal of a veteran's or honorary license. Provided, however, the Depart ment may issue regulations on types and classes of vehicles which may be operated by the holder of such license."

By striking paragraph (1) of subsection (c) of quoted Code Section 68B-218 of Section 1 in its entirety and inserting in lieu thereof a new paragraph (1) of subsection (c), to read as follows:

"(1) Veterans who were residents of the State of Georgia at the time of enlistment or commissioning and who are residents of Georgia at the time of application for the license and veterans who have been residents of the State of Georgia for at least five years immediately preceding the date of application for the license and who were discharged or separated under honorable conditions and who served on active duty in the armed forces of the United States, or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or any conflict when personnel were committed by the President of the United States, except for periodic transfer from reserve status
to active duty status for training purposes; or".

Representative McDonald of the 12th moved that the House agree to the Senate amendments to HB 338.

On the motion, the ayes were 101, nays 3.

The motion prevailed and the Senate amendments to HB 338 were agreed to.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate insists on its substitute to the following Bill of the House, to-wit:

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JOURNAL OF THE HOUSE,

HB 568. By Representatives Howard and Cooper of the 19th, Nix, Edwards and Harrison of the 20th and others:
A Bill to repeal Chapter 61-4 of the Code consisting of Sections 61-401 through 61-407 relating to distress warrants; to establish a new Chapter 61-4 of the Code relating to distress warrants; to provide that landlords shall have power to distrain for rents.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 1166. By Representatives Whitmire of the 9th, Irvin of the 10th, Wood and Jackson of the 9th:
A Bill to amend an Act providing for and authorizing the Com missioner of Agriculture to establish farmers markets in this State and to authorize the Commissioner of Agriculture to make necessary rules and regulations to properly conduct such markets and to provide for embargoes and prohibit the sale of vegetables, fruits, truck crops and other farm crops found unfit for food, approved Feb. 25, 1935.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 400. By Senator Sutton of the 9th:
A Bill to amend Code Section 68A-1106, relating to riding in house trailers, so as to limit the provisions of said Section to towed house trailers; and for other purposes.

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

On the passage of the Bill, the ayes were 96, nays 0.

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

The following Bill of the House was taken up for the purpose of consider ing the Senate amendment thereto:

HB 1166. By Representatives Whitmire of the 9th, Irvin of the 10th, Wood and Jackson of the 9th:
A Bill to amend an Act providing for and authorizing the Com missioner of Agriculture to establish farmers' markets in this State and to authorize the Commissioner of Agriculture to make necessary

TUESDAY, MARCH 25, 1975

3907

rules and regulations to properly conduct such markets; and for other purposes.

The following Senate amendment was read:

Senate amendment moves to amend HB 1166 by adding at line 6 after "crops", "also sea foods," at line 7 after word, "food" adding "for human consumption." at line 22 after word, "crops" adding "sea foods" and after word, "food" adding "for human consumption".

Representative Whitmire of the 9th moved that the House agree to the Senate amendment to HB 1166.

On the motion, the ayes were 99, nays 4.

The motion prevailed and the Senate amendment to HB 1166 was agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 896. By Representatives Murphy of the 18th, Colwell of the 4th, Lee of the 72nd and others:
A Bill to revise, classify, consolidate and supersede the present State Properties Code and to establish a new codification of laws relating thereto, which codification shall be contained in Code of Georgia Chapter 91-1 A, to be known and cited as the State Properties Code of Georgia; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to revise, classify, consolidate and supersede the present State Properties Code and to establish a new codification of laws relating thereto, which codification shall be contained in Code of Georgia Chapter 91-lA, to be known and cited as the State Properties Code of Georgia; to provide a short title for the Code Chapter; to define certain words and terms; to provide that the State Properties Commission shall act as agent of the State; to provide the method for determining fair market value in certain cases; to provide section identification references; to create the State Properties Commission; to provide for the number of members, the membership and the officers of the Commission; to provide for a quorum, voting, meetings, minutes, a seal and bylaws of, by and for the Commission; to provide for reim bursement of the expenses of Commission members; to provide that the Attorney General shall act as counsel for and provide legal services to

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the Commission; to provide the powers and duties of the Commission; to provide that the Commission may act as the agent of the Georgia Building Authority for certain purposes; to provide that the Commission shall plan for and develop not later than July 1, 1977, and to there after administer and enforce standards for the occupancy and/or utilization of certain space; to provide for public competitive bidding concerning leases and certain sales of State Property; to provide for the acceptance or rejection of certain bids and bidders by the General Assembly and/or the Governor; to provide for the execution of leases and certain sales of State Property; to provide an interesse termini limitation; to authorize the Commission to negotiate, prepare and enter into Rental Agreements and Revocable License Agreements; to authorize the Commission to issue prospecting permits; to authorize the Com mission to prepare and award through public competitive bidding Miner al Development Agreements; to provide for preference rights to discovering prospectors; to vest in the Commission the power of eminent domain; to provide the forms to be taken in the exercise of the power of eminent domain; to provide that the Commission shall act as the sole agent of the State and all State Agencies, with certain limited exceptions, in all acquisitions of real property; to provide an effective date of when acquisitions shall be made by the Commission; to provide that prior to such effective date acquisitions must be approved by the Commission; to provide the method by which the Commission shall acquire real property; to exclude from the Georgia real estate transfer tax certain instruments effecting conveyances of real property to the State, Agencies or State Authorities; to provide that all dispositions of real property by the State, with certain limited exceptions, shall be made only upon the written approval of the Commission; to declare the intent of the General Assembly with respect to dispositions of State owned real property; to provide for the transfer of certain real property inventory functions from the Department of Administrative Services to the Commission; to provide an effective date of when the said inventory functions are to be transferred; to provide that the Com mission, with certain limited exceptions, is empowered and directed to review and analyze the inventory of each State Agency and State Au thority; to provide a priority for such review and analyzation; to pro vide that the Commission may recommend and that the Governor may effect transfers of the use of any State owned real property from one State Agency to another; to provide that the Governor, upon recom mendation of the Commission, may by Executive Order designate, clarify or change the status of the record title to any State owned real property to certain specific names; to provide for recording in the deed records of the clerk's office of the superior court of such Executive Orders executed by the Governor; to provide the names in which record title to State owned real property shall be held; to provide that State Agencies render gratuitously technical assistance and services to the Commission; to provide that the railroad operation by the lessee of the Western and Atlantic Railroad be subject to the regulation of the Georgia Public Service Commission; to authorize the Commission to employ an Executive Director and such other personnel as may be necessary to exercise the powers and discharge the duties of the Commission; to provide that all Commission employees be placed under the State Merit System of Personnel Administration; to provide that Commission employees shall
be members of the Employees Retirement System of Georgia; to require
the Commission to keep records and to make the same subject to public

TUESDAY, MARCH 25, 1975

3909

inspection with certain limited exceptions; to authorize the Commission to adopt rules and regulations; to provide that the Commission shall not be subject to the provisions of the Georgia Administrative Procedure Act; to provide for a liberal construction of this Code Chapter; to provide for the repeal of certain specific Acts; portions of Acts and
Code Chapters; to provide an effective date of when one portion of a specific Act shall be repealed; to provide that this Act shall not revive any Act, Resolution or Code Chapter, or part thereof, heretofore re pealed or superseded; to provide a general repealer; to ratify all acts heretofore performed for and on behalf of the State of Georgia by the State Properties Commission created by Ga. Laws 1973, p. 857; to pro vide for severability; to provide an effective date; to repeal conflicting laws and declare the intent of the General Assembly with respect to State environmental or natural resources laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. The following shall constitute and may be cited as "Code of Georgia Chapter 91-1 A":
"CHAPTER 91-1A. STATE PROPERTIES CODE OP GEORGIA
Section 91-101a. Short title of Code Chapter. This Code Chap ter shall be known, and may be cited, as the 'State Properties Code of Georgia'.
Section 91-102a. Definitions. When the following words and terms appear in this Code Chapter, they shall have the meaning, usage and inclusion hereafter respectively ascribed to them, unless a different meaning, usage or an exclusion is clearly apparent from the context:
(a) The word 'Commission' shall mean the State Properties Commission created by section 91-104a of this Code Chapter. The Commission: (1) is the successor to the State Properties Commis sion which was created by an Act approved April 17, 1973 (Ga. Laws 1973, p. 857) entitled 'STATE PROPERTIES CODE ENACTED'; (2) was formerly known as the State Properties Commission and the State Properties Control Commission; (3) is the successor in law to the State Properties Control Commission, State Properties Acquisition Commission and the Mineral Leasing Commission; and (4) is the successor to the Western and Atlantic Railroad Com mission and to all other State Agencies which in the past were dele gated by the General Assembly the power and duty to perform cer tain functions affecting the Western and Atlantic Railroad and the properties formerly associated with the said railroad;
(b) The word 'State' shall mean the State of Georgia;
(c) The words 'State Agency' or 'State Agencies' shall mean any official, department, division, bureau, board, commission (in cluding the State Properties Commission created by section 91-104a of this Code Chapter) or agency within the State Government;

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(d) The words 'real property' as used in this Code Chapter shall include, but not be limited to, usufructs in real property;
(e) The word 'Lease' shall mean a written instrument, con stituting both a contract and a conveyance, under the terms and conditions of which one party (lessor) out of its own estate grants and conveys to another party or parties [lessee(s)] an estate for years retaining a revision in itself after such grant and conveyance;

(f) The term 'Rental Agreement' shall mean a written instru ment the terms and conditions of which create the legal relationship of landlord and tenant. Under such relationship no estate passes out of the landlord and the tenant has only a usufruct which the tenant may not sublet, convey, assign or transfer except with the landlord's written consent and which usufruct is not subject to levy and sale;
(g) The term 'revocable license' shall mean the issuance, sub ject to certain terms and conditions contained in a written Revocable License Agreement, to a named Person or Persons [licensee(s)], and to that Person or Persons only, of a revocable personal privilege to use the Property (to be known as the licensed premises) for a named purpose. Regardless of any and all improvements and invest ments made, consideration paid or expenses or harm incurred or encountered by the licensee, a revocable license shall not confer upon the licensee any right, title, estate or interest in the licensed premises, nor shall a revocable license be executed into an easement or confer upon the licensee a license coupled with an interest or an easement. A revocable license may be revoked, cancelled or termi nated, with or without cause, at any time by the licensor;

(h) The term 'Revocable License Agreement' shall mean a written instrument which embodies a revocable license, describes the licensed premises and sets forth the names of the parties thereto and the terms and conditions upon which the revocable license is issued;
(i) The words 'acquire', 'acquisition(s)' and 'acquiring' shall mean the obtaining by the State, for use by a State Agency, of real property by any method including, but not limited to, gift, purchase, devise, condemnation, leasing, renting, assignment, court order and exchange;

(j) The words 'Person' or 'Persons' shall mean any: indi
vidual; general or limited partnership; joint venture; firm; private, public or public service corporation; association; authority; fiduci ary including, but not limited to, any legal representative; govern mental body; instrumentality or other organization of the State; county, municipal corporation or political subdivision of the State; or
any other legal entity;

(k) The word 'deed' shall mean either a fee simple deed without warranty or a quitclaim deed;

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3911

(1) The words 'power', 'empower (ed)', 'authority' and 'autho rized' are synonyms each to the other and when either is used it shall be deemed to include the other the same as if the other had been specifically expressed. When the Commission has the power or is empowered, it has the authority and is authorized. The words 'authorized', 'empowered' and 'may' shall imply discretion and not requirement;
(m) The words 'minerals' and 'mineral resources' shall mean any naturally occurring substance found in, under or upon the earth including, but not limited to, sand, gravel, sulphur, phosphate, kaolin, oil and gas but excluding water;
(n) The term 'Mineral Development Agreement' shall mean a written instrument, constituting a contract, under the terms and conditions of which the State permits a Person or Persons to enter upon the State owned lands described in such contract and to pro duce and appropriate therefrom and to dispose of, for the account of such Person or Persons, the minerals described in such contract and to conduct such operations and perform such activities incident thereto as may be expressly permitted by such contract;
(o) The word 'Property' shall include improved and unimproved property and shall mean all, any portion of, or any interest in all or any portion of: (1) the Western and Atlantic Railroad, including all the property associated with the railroad as of December 26, 1969, unless the same has otherwise been provided for by an Act or Resolution of the General Assembly; (2) all the property owned by the State in the State of Tennessee other than that proper ty included in (1) immediately preceding; (3) the State owned real property facing Peachtree, Cain and Spring Streets in the City of Atlanta, Fulton County, Georgia, upon which the Governor's Man sion once stood and which is now commonly referred to and known as the 'Henry Grady Hotel Property' or 'Old Governor's Mansion Site Property'; (4) any State owned real property the use of which has been transferred to the Commission by an Executive Order of the Governor; (5) subject to the provisions of such Act or Resolu tion any State owned real property the custody or disposition of which has been transferred to the Commission by an Act or Resolu tion of the General Assembly or which has been leased or may be
leased to a person or persons pursuant to an Act or Resolution of
the General Assembly authorizing or ratifying such Lease; and (6)
any State owned real property (except that real property title to
which is vested in the Board of Regents of the University System
of Georiga or the Department of Transportation) which has not
been acquired for or transferred (by an Executive Order of the
Governor or by an Act or Resolution of the General Assembly) to a
State Agency for use by such State Agency;

(p) When the words 'terms and conditions' are used they shall be deemed to include the following words: stipulations, provisions, agreements and covenants;

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(q) The words 'dispose', 'disposition (s)' and 'disposing' shall mean dispositions by the State (excluding dispositions by the De partment of Transportation, by the Board of Regents of the Uni versity System of Georgia, by Regents of the University System of Georgia, by State Authorities and dispositions as authorized, di rected or affected by Acts or Resolutions of the General Assembly but including dispositions by all other State Agencies) of real
property by any method including, but not limited to, gift, sale, leasing, renting, assignment and exchange;

(r) The term 'State Authority (ies)' shall mean those public corporations, with the exception of Regents of the University System of Georgia, listed in section 91-401A(a) of Code Chapter 91-4A (Ga. Laws 1970, p. 672) which Code Chapter is entitled 'Inventory of Real Property; Requirements Relating to the Acquisition or Disposition of Real Property';
(s) The term 'State owned land(s)' and 'State owned real prop erty' shall mean real property of the State of Georgia or of any State Agency but shall not include real property of any State Authority; and
(t) The term 'production in paying quantities' shall mean that the gross income from oil and/or gas produced and sold (after deduction of any royalty) exceeds the operating cost of said pro duction.
Section 91-102a.l. The Commission as agent of the State. All actions authorized or directed by this Code Chapter to be performed by the Commission shall be performed for and on behalf of and in the name of the State and upon such terms and conditions as are de termined by the Commission to be in the best interests of the State.

Section 91-102a.2. Fair market value. Where in this Code Chap ter the Commission is authorized or directed to determine fair market value, said determination shall be based on the highest of at least two current written appraisals made for the Commission by Persons employed or retained by the Commission, which Persons shall have knowledge of property values in the area where the Property involved is located; provided, that one of the two afore mentioned appraisals shall be made by a member of a nationally recognized appraisal organization, association or society; provided further, that in the case of the Western and Atlantic Railroad, the appraisal, other than the one to be made by a member of a nationally recognized appraisal organization, association or society, may be the latest valuation report of the Western and Atlantic Railroad prepared by the Interstate Commerce Commission; provided further, however, that this section 91-102a.2 of this Code Chapter shall not apply to sections 91-108a and 91-110a of this Code Chapter.
Section 91-103a. Section identification references. The captions appearing immediately preceding the text of each of the sections of this Code Chapter are for the purpose of convenience only and

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3913

shall be completely disregarded in construing this Code Chapter and the sections thereof.
Section 91-104a. Commission; creation; number of members; members; officers; quorum; voting; meetings; minutes; seal; by laws; Attorney General as counsel for the Commission.
(a) There is hereby created within the State Government a public body which shall be known as the 'State Properties Commis sion' which shall consist of eleven (11) members and be composed of: the Governor; the Secretary of State; the Chairman of the Georgia Public Service Commission; the Director, Fiscal Division, Department of Administrative Services; the State Auditor; the Lieutenant Governor or his appointed delegate [which appointed delegate from the time of appointment shall occupy the same status and be subject to the same provisions of this section 91-104a(a) of this Code Chapter as the other individuals appointed as members of the Commission] and two individuals appointed by the Lieutenant Governor; and three individuals appointed by the Speaker of the House of Representatives; provided, however, none of the individuals appointed by the Lieutenant Governor or the Speaker of the House of Representatives shall, at the time of such appointment, or at any time during their service as a Commission member, hold any other elected or appointed office in either the executive, legislative or judicial branch of State Government. Except for initial appoint ments hereunder, the Speaker of the House of Representatives and the Lieutenant Governor, after the convening of the General As sembly in each odd-numbered year, shall make their respective appointments hereunder. The terms of office of such appointive members shall commence on the first day of February and they shall serve until their respective successors are duly appointed. Initial appointments hereunder shall be made within five days after this Code Chapter becomes law and such appointive members shall serve until the appointment of their respective successors. In the event of a vacancy in the office of an appointive member, the Speaker of the House of Representatives or the Lieutenant Governor, as the case may be, shall appoint a successor for the remainder of the unexpired term of office of such member.

(b) The Governor shall be the Chairman of the Commission, the State Auditor shall be its Vice-Chairman and the Secretary of State shall be its Secretary. Six (6) members of the Commission shall constitute a quorum. No vacancy on the Commission shall impair the right of the quorum to exercise the powers and discharge the duties of the Commission. With the exception of acquisitions, sales, leases and delegations (made pursuant to subsection 91-105a (q) of the Code Chapter) each of which shall require seven (7) affirmative votes of the membership of the Commission present at a meeting, the powers of the Commission shall be exercised by a majority vote of the Commission members present at a meeting when at least a quorum is present.
(c) Meetings shall be held on the request of any Commission member or on the request of the Executive Director whenever meet-

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ings are necessary for either the exercise of the powers or the dis charge of the duties of the Commission. Minutes or transcripts shall be kept of all meetings of the Commission and in the said minutes or transcripts there shall be kept a record of the vote of each Com mission member on all questions, acquisitions, dispositions, trans actions and all other matters and business coming before the Com mission at that meeting. The Executive Director shall give, or cause to be given, to each Commission member not less than three (3) calendar days prior notice of the date, time and place of each meet ing of the Commission. Any Commission member may waive such notice. Attendance by a Commission member at a meeting shall con stitute a waiver of notice by said Commission member as to such meeting.

(d) The Commission shall adopt a seal for its use and may adopt bylaws to govern its internal operation and procedures.

(e) Members of the Commission shall receive no compensation for service as a member of the Commission. However, all members of the Commission shall receive reimbursement for their travel and other actual expenses incurred in the discharge of their official duties as Commission members.

(f) The Attorney General shall act as counsel for and provide legal services to the Commission.

Section 91-105a. Powers and duties of the Commission. The Commission, in addition to other powers and duties set forth in other sections of this Code Chapter, shall have the power and duty to;
(a) inspect, manage, oversee, repair, maintain, preserve and raze the Property;

(b) maintain at all times a complete, correct and current in ventory of the Property;

(c) authorize the payment of any tax or assessment legally levied by, or comply with any valid order of, the State of Tennessee, or any governmental subdivision thereof, concerning the Property located within the State of Tennessee;

(d) prepare lease or sale proposals affecting the Property for submission to the General Assembly, except as otherwise authorized in subsections 91-105a (f) and (t) of this Code Chapter.

(e) subject to the limitations contained in this Code Chapter, determine all of the terms and conditions of each instrument ne gotiated, prepared, executed, delivered and/or issued by the Com mission; provided, however, that any such instrument shall contain a provision requiring that any activity undertaken pursuant to such instrument be in compliance with the applicable provisions of all State environmental or natural resources laws administered or en-

TUESDAY, MARCH 25, 1975

3915

forced by the Department of Natural Resources, the Environmental Protection Division or the Coastal Marshlands Protection Commit tee;

(f) negotiate and execute such sales of the Property as may, in the discretion of the Commission, be in the best interests of the State, subject to the following: (1) the fair market value of the Property to be sold in each such sale shall not exceed one hundred thousand dollars ($100,000) ; (2) sales of the Property by which the Commission grants and conveys by deed to the purchaser under this subsection 91-105a(f) of this Code Chapter shall be made only upon public competitive bidding for which the invitation for bids shall be advertised once a week for four (4) consecutive weeks in (i) the legal organ and in another newspaper of general circulation in the county or counties wherein is located the Property to be bid upon and (ii) the legal organ of Fulton County, Georgia. Prior to such advertising, the Commission shall prepare the form of contract of purchase and sale which shall include, but not be limited to, the form of deed to be used to effect the conveyance contemplated in such contract, and appropriate bidding instructions, both of which shall be furnished to prospective bidders under such condi tions as the Commission may prescribe. Sealed bids shall be sub mitted to the Commission and each bid shall include, but not be limited to, two counterparts of the form of contract of purchase and sale, each fully executed and completed by the bidder, and a bid bond or such other security as may be prescribed by the Commission. The form of contract of purchase and sale submitted by each bidder shall constitute an irrevocable offer to purchase by such bidder. The Commission shall have the right to waive formalities in bidding. All bids shall be opened and read aloud in public on the date and at the time and place specified in the invitation for bids. Within thirty (30) calendar days of said opening the Commission shall formally determine which offer and bidder it considers to be most advantageous to the State and shall thereupon notify the said bidder of said determination by properly addressing such notification to the said bidder and with adequate postage affixed thereto depositing the same in first class mail. As of the time of such determination, all offers other than the one determined by the Commission to be most advantageous to the State shall be considered rejected. The Commission shall likewise notify all other such bidders of said determination by properly addressing such notification to the said bidders and with adequate postage affixed thereto depositing the same in first class mail. The Commission shall then accept that offer determined by the Commission to be most advantageous to to the State and execute both counterparts of the form of contract of purchase and sale containing said offer. One of the said counter parts shall then be delivered to the purchaser. When all of the precedent terms and conditions of the contract of purchase and sale have >been performed and satisfied, the Commission shall then ex
ecute and deliver to the purchaser the form of deed contained in
said contract of purchase and sale; and (3) the consideration to
the State for such sales of the Property shall not be less than but
may be greater than the fair market value of the Property being
sold;

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(g) contract with any Person for the preparation of studies or reports as to: (1) the value of the Property including, but not limited to, sale value, lease value and insurance value; (2) the proper utilization to be made of the Property; and (3) any other data necessary or desirable to assist the Commission in the exercise and discharge of its powers and duties;

(h) insure or cause to be insured the improvements on the Property against loss or damage caused by fire, lightning, tornado and other risks customarily included under an extended coverage insurance policy; and insure or cause to be insured the contents of such improvements against any such loss or damage;

(i) inspect as necessary any property which may be under a Lease, Rental Agreement, Revocable License Agreement, Mineral Development Agreement, easement or other instrument in order to determine whether the property is being kept, preserved, cared for, repaired, maintained, used and operated in accordance with the terms and conditions of such instrument and to take such action necessary to correct any violation of the terms and conditions of such instrument;

(j) deal with and dispose of any unauthorized encroachment upon, or use or occupancy of, any of the Property, whether such encroachment, use or occupancy be permissive or adverse, or whether with or without claim of right therefor; to determine whether such encroachment, use or occupancy should be removed or discontinued or whether it should be permitted to continue and, if so, to what extent and upon what terms and conditions; to adjust, settle and finally dispose of any claim, demand, dispute or controversy that may exist or arise with respect to any such encroachment, use or occupancy; to take such action as the Commission may deem proper and expedient to cause the removal or discontinuance of any such encroachment, use or occupancy; and to institute and prosecute such legal proceedings as the Commission may deem appropriate for the protection of the State's interest in or the assertion of the State's
title to such Property;

(k) adjust, settle and finally dispose of any claim, demand, dispute or controversy, of any kind whatsoever, arising out of the negotiation, preparation, execution, issuance, delivery, operation, amendment, termination or expiration of any Lease, contract of purchase and sale, easement, Rental Agreement, Revocable License Agreement or any other instrument involving the Property or of any instrument executed by the State or by the Commission pursuant either to this Code Chapter or pursuant to an Act or Resolution of the General Assembly authorizing or ratifying any instrument in
volving the Property;

(1) negotiate, prepare, execute and deliver such amendments to Leases of the Property, as may, in the discretion of the Commission, be in the best interests of the State, subject to the following: (1) the Property described in the Lease as it is to be amended shall not be greater in area or interest than the Property described in

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3917

the Lease as first executed or as heretofore amended; (2) the ex piration date of the term (duration) of the Lease as it is to be amended shall be the same as the expiration date of the term (duration) of the Lease as first executed or as heretofore amended; and (3) if the expiration date of the term (duration) of the Lease as it is to be amended will extend beyond ten (10) calendar years from the date of said amendment, the consideration to the State shall not be less than the greater of (i) the total consideration to the State provided in the Lease as first executed or as heretofore amended or; (ii) the fair market value of the remaining term (duration) of the estate for years in the Property leased; provided, however, that this subsection 91-105a(l) (3) of this Code Chapter shall not apply to amendments authorized by Section Fifty-Seven of Exhibit F of Ga. Laws 1974, p. 1247 et seq.;

(m) exercise such other powers and discharge such other duties as may be necessary or desirable to inspect, manage, oversee, repair, maintain, preserve and raze the Property;

(n) do all things and perform all acts necessary or convenient to exercise the powers and discharge the duties given to the Com mission in this Code Chapter;

(o) perform all terms (including, but not limited to, termina tion), satisfy all conditions, fulfill all requirements and discharge all obligations and duties contained in any Lease, contract of pur chase and sale, easement, Rental Agreement, Revocable License Agreement or any other instrument involving the Property or in any instrument executed by the Commission pursuant to this Code Chapter;

(p) authorize such change (s) in the physical and natural fea tures of the Property as may in the discretion of the Commission be in the best interests of the State, to dispose of the product (s) incident to such change (s) and to grant for and on behalf of and in the name of the State any easement (s) necessary to effectuate the purpose (s) for which such change (s) is (are) authorized;

(q) notwithstanding any other provision of this Code Chapter to the contrary and upon authorization by seven (7) affirmative votes of the membership of the Commission present at a meeting, delegate to its Chairman, appointed committees of its membership, its Executive Director or any State Agency such of its powers as are, expressly or impliedly, set forth in both this section 91-105a and this Code Chapter, as the Commission may deem necessary or convenient; provided, all actions of any State Agency performed or taken under such delegation shall be at the expense of such State Agency;

(r) perform all terms (including, but not limited to, termina tion), satisfy all conditions, fulfill all requirements and discharge all obligations and duties contained in any Lease, contract of purchase and sale, easement, Rental Agreement, Revocable License Agreement or any other instrument executed by either the State (in which the Commission is authorized or directed to act for and on behalf of the

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State) or the State Properties Commission created by Ga. Laws 1973, p. 857 and its predecessors in law in their own names or for and on behalf of and in the name of the State of Georgia;

(s) continue and conclude all transactions or business commenced by the State Properties Commission created by Ga. Laws 1973, p. 857, or its predecessors in law; and

(t) perform all terms, satisfy all conditions, exercise all rights and grant all consents and approvals (discretionary or otherwise), fulfill all requirements and discharge all obligations and duties of the State contained in any Lease or any other instrument which provides that the Commission is empowered or directed to act or shall act for and on behalf of the State (including, but not limited to, (1) termina tion and (2) the execution and delivery of all authorized agreements
and instruments contemplated thereby) and which Lease or such other instrument has heretofore been approved and adopted (passed), authorized or ratified by an Act or Resolution of the General As sembly.

Section 91-105a.l. Commission authorized to act as the agent of the Georgia Building Authority for certain purposes; Commission directed to plan for occupancy of certain space and to report to the Governor.

(a) The Commission is hereby empowered to enter into (and to amend when necessary) and to perform contracts with the Georgia Building Authority (hereinafter referred to as 'Authority') whereby the Commission becomes the agent of the Authority for the purpose of managing all or a portion of the space located on, or within struc tures situated now or hereafter on, real property presently (or in the future) leased by, rented by, contracted for, or title to which is vested in, the Authority; provided, said real property is located within an air line radius of fifteen (15) miles of the State Capitol. The Au thority is hereby empowered to enter into (and to amend when neces sary) and to perform any such contracts entered into with the Com mission. The duties of the Commission as the agent of the Authority shall include, but not be limited to, the planning for and the develop ment, administration and enforcement of standards for the occupancy and/or utilization of the aforementioned space by State Agencies, State Authorities and all State and State Authority employees.

(b) The Commission is hereby empowered and directed to plan for and to develop not later than July 1, 1977, and thereafter to ad minister and enforce standards for the occupancy and/or utilization by State Agencies, State Authorities and all State and State Au thority employees of all space located on, or within structures (exclud ing the State Capitol) situated now or hereafter on, real property presently (or in the future) leased by, rented by, contracted for, or title to which is vested in, the State or any State Agency (excluding the Board of Regents of the University System of Georgia) ; provided, said real property is located within an air line radius of fifteen (15) miles of the State Capitol. The Commission is further directed,

TUESDAY, MARCH 25, 1975

3919

periodically, to make written reports to the Governor concerning the occupancy and/or utilization of the aforementioned space.

Section 91-106a. Public competitive bidding procedure concerning leases and sales not otherwise authorized by subsections 91-105a(f) and (t) of this Code Chapter; acceptance or rejection of bids and bidders by the General Assembly and/or the Governor; execution and delivery of the leases and sales.

(a) Any proposal to lease or sell the Property, other than as authorized by subsections 91-105a(f) and (t) of this Code Chapter, shall be initiated and carried out in accordance with the provisions of this section 91-106a of this Code Chapter.

(b) Any such Lease or sale shall be made only upon public com petitive bidding for which the invitation for bids shall be advertised once a week for four (4) consecutive weeks in (1) the legal organ and in another newspaper of general circulation in the county or counties wherein is located the Property to be bid upon and (2) the legal organ of Fulton County, Georgia.

(c) Prior to such advertising, the Commission shall: (1) secure at least two written appraisals of the fair market value of the estate for years if a Lease or the fair market value of the Property to be sold if a sale; (2) prepare the form of Lease or contract of purchase and sale, a part of which contract of purchase and sale shall be the form of deed to be used to effect the conveyance contemplated in such contract, and appropriate bidding instructions, all of which shall be furnished to prospective bidders under such conditions as the Com mission may prescribe.

(d) Sealed bids shall be submitted to the Commission and each bid shall include, but not be limited to, four counterparts of the form of Lease or contract of purchase and sale, each fully executed and completed by the bidder, and a bid bond or such other security as may be prescribed by the Commission. The form of Lease or contract of purchase and sale submitted by each bidder shall constitute an irrevocable offer to lease or purchase by such bidder. The Commis sion shall have the right to reject any or all offers and bidders and the right to waive formalities in bidding. All bids shall be opened and read aloud in public on the date and at the time and place specified in the invitation for bids. Within thirty (30) calendar days of said opening the Commission shall formally determine which offer and bidder it considers to be most advantageous to the State and shall
thereupon notify the said bidder of said determination by properly
addressing such notification to the said bidder and with adequate
postage affixed thereto depositing the same in first class mail. As of
the time of such determination, all offers other than the one deter
mined by the Commission to be most advantageous to the State shall
be considered rejected. The Commission shall likewise notify all such
other bidders of said determination by properly addressing such

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JOURNAL OP THE HOUSE,

notification to the said bidders and with adequate postage affixed thereto depositing the same in first class mail.

(e) The Commission shall then prepare a form of Resolution to
which shall be attached and made a part thereof one of the afore mentioned counterparts of either the form of Lease or contract of purchase and sale, whichever is applicable. Said form of Resolution shall then be introduced in the General Assembly in either the House of Representatives, the Senate, or both, if then in regular session, or if not in regular session at such time, at the next regular session of the General Assembly. Such Resolution, in order to become effective, shall receive the same number of readings and, in both the House of Representatives and the Senate, go through the same processes and procedures as a bill.

(f) If either the House of Representatives or the Senate shall fail to adopt (pass) the aforesaid Resolution during such regular session by a constitutional majority vote in each chamber, then the said offer shall be considered rejected by the General Assembly.

(g) If the aforesaid Resolution is adopted (passed) during such regular session by a constitutional majority vote of both the House of Representatives and the Senate but is vetoed by the Governor, then the said offer shall be considered rejected by the Governor.

(h) If the aforesaid Resolution is adopted (passed) during such regular session by a constitutional majority vote of both the House of Representatives and the Senate and is not vetoed by the Governor, then, whenever in the judgment of the Chairman of the Commission
all of the precedent terms and conditions of the aforesaid Resolution, if any there be, have been performed and satisfied and a purchase
and sale is involved, the Chairman of the Commission, in his capacity as Governor of the State, shall execute and deliver to the purchaser one of the said counterparts of the contract of purchase and sale for and on behalf of and in the name of the State, and thereupon both parties thereto shall be bound thereby. The Governor's signature shall be attested by the Secretary of the Commission in his capacity as Secretary of State. The Secretary of State shall also affix the great seal of the State to the contract of purchase and sale. Whenever in the judgment of the Chairman of the Commission all of the terms and conditions of the executed contract of purchase and sale, or all of the precedent terms and conditions of the Lease, have been performed and satisfied, the Chairman of the Commission, in his capacity as Governor of the State, shall execute and deliver to the purchaser or lessee the deed or one of the said counterparts of the Lease for and on behalf of and in the name of the State. The Governor's signature shall be attested by the Secretary of the Commission in his capacity as Secretary of State. The Secretary of State shall also affix the great seal of the State to the deed or Lease.

Section 91-107a. Interesse termini limited.
The Commission shall not submit to the General Assembly for its consideration any Lease the terms and conditions of which provide

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3921

that: (1) the lessee will not obtain possession of the leased premises within a period of five (5) calendar years from the commencement date of the regular session of the General Assembly to which the Lease is submitted for consideration; or (2) the term (duration) of the Lease will not commence within a period of five (5) calendar years from the commencement date of the regular session of the General Assembly to which the Lease is submitted for consideration.

Section 91-108a. Rental Agreements. The Commission is hereby empowered to negotiate, prepare, execute and deliver, without neces sity of prior public competitive bidding, Rental Agreements whereby the Property is rented to a Person or Persons for a length of time of less than five (5) calendar years, subject to the following: (1) the consideration to the State for such Rental Agreements shall be the current fair market value of the usufruct in the Property being rented as determined in at least one appraisal made for the Commis sion by a Person employed or retained by the Commission, which Person shall have knowledge of property values in the area where the Property being rented is located; and (2) the same Property shall not be the subject matter of more than one (1) such Rental Agreement to the same Person or Persons.

Section 91-109a. Revocable License Agreements.
(a) The Commission is hereby empowered to negotiate, prepare, execute and issue, without necessity of prior public competitive bid ding, a revocable license, subject to the following: (1) if not thereto fore revoked, each revocable license shall expire on the twenty-fifth (25th) anniversary of the date of the Revocable License Agreement by which said revocable license is issued; and (2) each issuance of a revocable license shall be made for a monetary consideration which shall be determined by the licensor.

(b) The provisions of this section 91-109a of this Code Chapter shall not be construed or interpreted as amending, conflicting with or superseding any or all of the provisions of Code of Georgia section 104-205 relating to the construction of telegraph or telephone lines.

Section 91-1 lOa. Authority of the Commission to: issue prospect ing permits; prepare and award Mineral Development Agreements; and grant preference rights to discovering prospectors.

(a) To further the development of mineral resources in the State, the Commission is authorized to enter into, without necessity of prior public competitive bidding, written prospecting agreements (herein after referred to as 'prospecting permit') with any Person whereby such Person is permitted to prospect any State owned lands for indi cations of mineral resources. Application for a prospecting permit
shall be made in writing to the Commission and shall be accompanied
by a separate written disclosure of any other prospecting permit (s)
issued by the Commission to the applicant, which disclosure shall
identify and describe the State owned lands subject to said other
prospecting permit (s).

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(b) Should any prospector, pursuant to such prospecting permit, discover a mineral resource located in, under or upon any State owned lands, which mineral resource, if capable of being produced in com mercial quantities, would constitute a valuable mineral resource, such prospector shall submit to the Commission an affidavit reporting the details of such discovery within thirty (30) calendar days from the date of said discovery. Such prospector shall refrain and is hereby prohibited from severing any minerals in commercial quantities from the State owned lands described in the permit pursuant to which such discovery has been made until such prospector shall have entered into and become a party to a 'Mineral Development Agreement (hereinafter sometimes referred to as 'Agreement') with the State, whereby such prospector is permitted to enter upon the State owned lands described in said Agreement and to produce and appropriate from said lands the minerals described in said Agreement. As consideration for the dis covery of any such valuable mineral resource and to further the development thereof, such discovering prospector shall be granted a preference right in the award of a Mineral Development Agreement should the Commission find it in the best interests of the State to offer such Agreement with respect to any of the State owned lands in, under or upon which such newly discovered mineral resource is located.

(c) Upon receipt of such written affidavit of discovery by a discovering prospector or upon its own initiative, the Commission may make or cause to be made such inspection, including geological and geophysical investigation, of any State owned lands as it may deem necessary to confirm or establish the existence and value of any mineral resource located in, under or upon any State owned lands.

(d) Should the Commission determine that a valuable or poten tially valuable mineral resource is located in, under or upon any State owned lands, the Commission is authorized to offer for public com petitive bid, and to enter into, a written Mineral Development Agree ment with any Person, upon such terms and conditions and permitting such operations as the Commission shall determine to be in the best interests of the State, which terms and conditions may include, but not be limited to: (1) the exclusive right to enter upon the State owned lands described in said Agreement for the purpose of drilling for, dredging and mining of such minerals as are described in said Agreement; (2) the exclusive right to produce and appropriate any and all of said minerals subject to such royalty provisions as the Commission may prescribe; (3) the right to sell, or otherwise dispose of, for the account of such Person, any and all of the minerals so pro duced and appropriated; (4) the right to use such minerals and water located in, under or upon the said State owned lands in such quanti
ties as are necessary is conducting the authorized operations thereon
and in treating to make marketable the products therefrom; (5) the
right to construct and use on the State owned lands the facilities
necessary for the transportation and storage of the minerals produced
from said State owned lands; (6) the right to construct and use upon
the State owned lands such canals and roads as are necessary in con
ducting the operations authorized by such Agreement; and (7) the

TUESDAY, MARCH 25, 1975

3923

right to remove from the State owned lands any property placed thereon by any party to such Agreement.

(e) Should any Person, including a discovering prospector, desire to enter into a Mineral Development Agreement with the State for the purpose of producing and appropriating minerals from any State owned lands pursuant to the provisions of this section 91-110a of this Code Chapter, application therefor may be made to the Commission. The application shall include a description of the State owned lands from which the applicant seeks to produce and appropriate any minerals, said description to be of such accuracy and detail and to be accompanied by such other information as the Commission shall re quire, and shall further include a certified or cashier's check in the amount of five hundred dollars ($500.00) which shall be deposited with the Commission as evidence of the good faith of the applicant, which sum shall be returned to an applicant who shall fail to be awarded such an Agreement.

(f) Upon receipt of an application for a Mineral Development Agreement, the Commission shall make or cause to be made such inspections, including geological and geophysical investigation, of the State owned lands with respect to which a Mineral Development Agree ment is sought as the Commission may deem necessary. In the event that the Commission determines it to be in the best interests of the State, the Commission may offer a Mineral Development Agreement for the purpose of producing and appropriating any and all minerals from all or any portion of the State owned lands described in said application. Any such Agreement offered pursuant to such application shall be offered for public competitive bidding pursuant to the pro cedures outlined in this section 91-110a of this Code Chapter; provided that where the Commission, pursuant to the authority hereinabove granted, shall determine it to be in the best interests of the State to offer a Mineral Development Agreement for public competitive bid ding, the same may be offered by the Commission upon its own initia tive and without necessity of prior application by any Person for such Agreement.
(g) The Commission shall cause to be published once a week for four (4) consecutive weeks in (1) the legal organ and in another newspaper of general circulation in the county or counties wherein is located the State owned lands proposed to be subject to such Agree ment and (2) the legal organ of Pulton County, Georgia, an advertise ment of an invitation for bids setting forth therein a description of the land proposed to be subject to such Agreement and the minerals to be produced and appropriated thereunder, the date, time and place when and where the bids for such Agreement shall be received and such other information as the Commission may deem necessary. Prior to advertising, the Commission shall prepare a proposed form of Mineral Development Agreement and appropriate bidding instructions both of which shall be furnished to prospective bidders under such conditions as the Commission may prescribe. Sealed bids shall be submitted to the Commission. Each bid shall include, but not be limited to, two counter parts of the form of the Mineral Development Agreement, each fully executed and completed by the bidder and a bid bond or such other

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security as may be prescribed by the Commission. The form of Mineral Development Agreement submitted by each bidder shall constitute an irrevocable offer to perform and satisfy the terms and conditions of said 'Mineral Development Agreement. The Commission shall have the right to reject any and all offers and bidders including, but not limited to, the offer of a discovering prospector, and the right to waive formalities in bidding.

(h) All bids shall be opened and read aloud in public on the date and at the time and place specified in the advertisement of the invita tion for bids. Within sixty (60) calendar days of said opening, the Commission shall formally determine which offer and bidder it con siders to be most advantageous to the State subject to the provisions of subsection 91-110a(i) of this Code Chapter with respect to the preference right to be given a discovering prospector. The Commission shall thereupon notify, subject to the aforesaid subsection 91-110a(i), the said bidder of said determination by properly addressing notifica tion to the said bidder and with adequate postage affixed thereto depositing the same in first class mail. As of the time of such de termination by the Commission, all offers and bidders other than the one determined to be most advantageous to the State shall be con sidered rejected, subject to the provisions of subsection 91-110a(i) of this Code Chapter. The Commission shall likewise notify, subject to the aforesaid subsection 91-110a(i) of this Code Chapter, all other such bidders of said determination, by properly addressing notifica tion to the said bidders and with adequate postage affixed thereto depositing the same in first class mail.

(i) Where there is offered for bid, pursuant to the bidding pro cedure hereinabove described, a Mineral Development Agreement which includes those minerals and State owned lands described in an affidavit of discovery submitted by a discovering prospector as hereinabove required and the said discovering prospector has submitted an offer with respect to such proposed Agreement, the said discovering prospector shall be given the following preference right in the award of such proposed Agreement: after submission of all offers and upon the determination by the Commission of that offer which, in the discretion of the Commission, is most advantageous to the State, the Commission shall, prior to notification of all other bidders, notify the discovering prospector of the said determination by the Commis sion and shall disclose, to the said discovering prospector only, the contents of that offer deemed by the Commission to be most ad vantageous to the State. Whereupon the said discovering prospector shall have the right, within fourteen (14) calendar days from the date of such disclosure by the Commission, to submit a written offer to enter into the Mineral Development Agreement with the State upon the same terms and conditions as those contained in the most advantageous offer. The Commission shall then accept said offer of the discovering prospector, made pursuant to the preference right granted herein.
(j) No State Agency shall produce or appropriate in com mercial quantities any minerals located in, under or upon any State owned lands without the prior written approval of the Commission.

TUESDAY, MARCH 25, 1975

3925

The products of such production or appropriation must be utilized on or in connection with projects of the producing or appropriating State Agency.

(k) No Mineral Development Agreement covering oil and/or gas shall be entered into for a term (duration) to exceed twenty-five (25) calendar years. If production in paying quantities shall not be obtained for at least one (1) of the first seven (7) calendar years, the Mineral Development Agreement shall terminate. Con sideration for any such oil and/or gas Agreement shall include, but not be limited to, the payment and delivery to the State of a royalty of (1) not less than one-eighth part of the gross production of oil and/or gas, or (2) the fair market value of said royalty interest, as the Commission may elect. Any such oil and/or gas Mineral De velopment Agreement shall contain a provision requiring the drilling of such well or wells and the taking of such other measures as may be necessary, in the determination of the Commission, to off-set any well or wells located on adjoining non-State owned lands. Any such oil and/or gas Mineral Development Agreement shall contain a further provision that a failure faithfully to develop such oil and/ or gas to as full an extent as oil and/or gas, as applicable, is being developed on other lands within the same general locale shall cause a termination of said Agreement.
(1) Any Mineral Development Agreement concerning minerals other than oil and/or gas, entered into pursuant to the provisions of this section 91-1 lOa of this Code Chapter, shall terminate upon the expiration of three (3) calendar years from the date of said Agree ment if production of the minerals described in said Agreement shall not have been commenced within the said three (3) year period.

(m) Any proposed Mineral Development Agreement shall be subject to the review and approval of the Department of Natural Resources prior to the advertising by the Commission of an invita tion for bids on such proposed Agreement. All operations authorized by and undertaken pursuant to such Agreement shall be performed in accordance with all such safety and environmental requirements as are now or may hereafter be prescribed by State and Federal law and regulation.
Section 91-llla. Power of eminent domain; form to be taken in the exercise of the power of eminent domain. The Commission, acting for and on behalf of and in the name of the State, is hereby empowered to take or damage by condemnation, for the public pur poses of the State, the property of any Person upon first paying or tendering just and adequate compensation to such Person. Such power of eminent domain shall be cumulative of any other power of eminent domain provided by law. Condemnation proceedings by the Commission, acting for and on behalf of and in the name of the State, shall take the form provided in Part II of Title 36 of the Code of Georgia, as amended, or as it may hereafter be amended, or the form provided in Chapter 36-11 of the Code of Georgia, as amended, or as it may hereafter be amended. The power of condemnation and eminent domain authorized by this section 91-llla of this Code

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Chapter shall neither supersede nor abridge the powers of con demnation and eminent domain given severally to the Department of Transportation and the Board of Regents of the University System of Georgia.

Section 91-112a. Acquisitions.
(a) Effective July 1, 1975, except for acquisitions by the Depart ment of Transportation and the Board of Regents of the University System of Georgia, all acquisitions shall be made by the Commission. Prior to such date, all such acquisitions must be approved by the Commission.

(b) Except as otherwise provided above in subsection 91112a(a) of this Code Chapter, the Commission shall act as the sole agent of the State and all State Agencies in all acquisitions. As such agent, the duties of the Commission shall include, but not be limited to, the following: (1) determining, based on (i) the avail ability of suitable real property already owned by, leased by, rented by, contracted for, or title to which is vested in, the State, (ii) an appraisal and an examination of title status, where applicable and (iii) other factors deemed relevant by the Commission, whether it is in the best interests of the State to make any acquisi tion; (2) conducting and handling all phases of the transaction(s) whereby the State acquires or becomes obligated to acquire real property; and (3) executing and exercising all contracts of pur chase and sale, purchase options, Leases, Rental Agreements and other instruments by which the State acquires or becomes obligated to acquire real property.

(c) The Commission may establish (and may amend when the Commission deems it necessary) procedures for the handling by the Commission of all acquisitions.
(d) The State Agency for whose use an acquisition is made shall provide all monies necessary for such acquisition including, but not limited to, the payment of the cost of appraisals and surveys when the same are performed by other than employees of the State.
(e) All acquisitions made under the authority of this section 91-112a and this Code Chapter shall be made in the name of the 'State of Georgia'. The instrument effecting an acquisition shall have written in the upper right-hand corner of the initial page thereof the State Agency for whose use such acquisition is made.
Section 91-112a.l. Exclusion from Georgia real estate transfer tax. The provisions of the Act entitled 'Tax On Transfer Of Real Property' approved April 18, 1967 (Ga. Laws 1967, p. 788), as amended, or as it may hereafter be amended, shall not apply to any deeds, instruments or other writings effecting conveyances of real property to the State, State Agencies or State Authorities.

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3927

Section 91-112a.2. Dispositions.
(a) All dispositions shall be made only upon the written ap proval of the Commission.

(b) It is not the intention of the General Assembly, in enact ing the above subsection (a) of this section 91-112a.2 of this Code Chapter, to: (1) vest any power in any State Agency to dispose of real property where such power is not already provided by law; (2) expand any power in any State Agency to dispose of real property now provided by law; or (3) otherwise restrict the inherent power of any State Agency to issue, in its own name, a revocable license which conforms to subsections 91-102a(g) and (h) and 91-109a(a) (1) and (2) of this Code Chapter.

Section 91-112a.3. Inventory.
(a) The Executive Reorganization Act of 1972, Ga. Laws 1972, p. 1015, 1038, transferred from the Secretary of State to the Depart ment of Administrative Services all the functions, powers and duties of the Secretary of State, provided for in Code Chapter 91-4A, Ga. Laws 1970, p. 672, relating to the inventory of real property and requirements relating to the acquisitions or dispositions of real property, except the function of filing and retaining conveyances and plats.

(b) Effective July 1, 1975, all the functions, powers and duties so transferred from the Secretary of State to the Department of Administrative Services as detailed above in subsection 91-112a.3(a) of this Code Chapter are hereby transferred from the Department of Administrative Services to the Commission.

(c) With the exception of the inventory of the Department of Transportation, the Board of Rgents of the University System of Georgia and Regents of the University System of Georgia, the Com mission is hereby empowered and directed to thoroughly review and analyze the inventory (required by Code Chapter 91-4A, Ga. Laws 1970, p. 672) of each State Agency and State Authority and to take, in regard to said inventory, whatever action the Commission, in its discretion, may deem necessary and proper to assure itself that the said inventory is complete, correct and current.

(d) In the performance of the duty outlined above in subsec tion 91-112a.3(c) of this Code Chapter, the Commission is directed to complete its review and analysis of the inventory of the State Agencies and the Georgia Building Authority prior to initiating its review and analysis of the inventory of the other State Authorities.

(e) To assist the Commission in the performance and comple tion of the directive set forth above in subsection (c) of this section 91-112a.3 of this Code Chapter, each State Agency and State Au thority is hereby directed to provide and/or perform gratuitously whatever assistance or service the Commission may request of said
State Agency and State Authority.

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(f) In order for the Commission properly to administer the said inventory of real property and in order to provide a method by which the use of State owned real property may be transferred from one State Agency to another, the Commission is hereby empowered to recommend to the Governor such transfers. The Governor, acting upon such recommendation of the Commission or upon his own initiative, is hereby authorized to execute Executive Orders trans ferring the use of any State owned real property from one State Agency to another. Such a transfer by the Governor by an Executive Order is not either an acquisition or a disposition as these two words are defined in subsection 91-102a(i) and (q) of this Code Chapter
nor shall the State owned real property transferred by any such Executive Order be subject to disposition (including disposition by the Department of Transportation and the Board of Regents of the University System of Georgia) by the transferee State Agency to any Person. Upon execution of any such Executive Order a copy of the same shall be furnished to the Commission.

(g) In order for the Commission properly to administer the said inventory of real property and in order to clarify, simplify and consolidate the various names in which the record title of State owned real property is vested, the Governor, upon recommendation of the Commission, is authorized to execute Executive Orders to designate, clarify or change the status of the record title of any State owned real property to either the 'State of Georgia', 'Board of Regents of the University System of Georgia' or 'Department of Transportation'. A copy of any such Executive Orders shall be eligible for insertion in the deed records of the clerk of the superior court of the county (ies) in which such State owned real property is located and shall be a conclusive designation of the status of the record title to the State owned real property which is the subject matter of such Executive Order. Two copies of such Executive Order shall be furnished to the Commission immediately upon its execution by the Governor and the Commission shall insure that one copy of such Executive Order is properly recorded in the said in ventory and the other copy of such Executive Order is recorded in the deed records of the clerk of the superior court of the county (ies) in which such State owned real property is located.

(h) Record title to all real property used by the 'Board of Regents of the University System of Georgia' or the 'Department of Transportation' shall be held in their respective names. Record title to all other State owned real property shall be held in the name of the 'State of Georgia'.
Section 91-113a. Technical assistance. All State Agencies are hereby requested and directed to provide gratuitously such technical assistance and services as shall be requested and needed by the Com mission in the exercise and discharge of its powers and duties under this Code Chapter.
Section 91-114a. Lessee of the Western and Atlantic Railroad subject to regulation by Georgia Public Service Commission. The railroad operation by the lessee of the Western and Atlantic Rail-

TUESDAY, MARCH 25, 1975

3929

road shall be subject to the regulation of the Georgia Public Service Commission.

Section 91-115a. Personnel; merit and retirement systems.
(a) The Commission is hereby authorized to employ an Executive Director and such other employees as may be necessary to exercise the powers and discharge the duties of the Commission. The Executive Director and all other employees of the Commission are hereby placed under the State Merit System of Personnel Administration and shall be subject to the laws and rules and regulations relative to said System.

(b) The Executive Director and all other employees of the Commission shall be members of the Employees Retirement System of Georgia. All rights, credits and funds in such Retirement System which are possessed by any person at the time of employment with the Commission are hereby continued and preserved, it being the intention of the General Assembly that such person shall not lose any rights, credits or funds to which such person may be entitled prior to being employed by the Commission.

Section 91-116a. Records; public inspection. The Commission shall cause all of its records including, but not limited to, inventories, minutes or transcripts, reports, studies, forms of instruments, bidding papers, notices, advertisements, invitations for bids, bids, executed instruments and correspondence, to be permanently kept, preserved and maintained. Such records shall be open to public inspection and may be inspected by any citizen of the State during usual business hours unless the same are being used by the Commission, or by its employees, in the discharge of its or their duties in reference thereto, provided, however, that affidavits of discovery required by section 91-110a of this Code Chapter shall not be open to public inspection until such time as a Mineral Development Agreement with respect to the dis covery site and minerals described in such affidavit shall have been awarded pursuant to the provisions of section 91-110a of this Code Chapter or, should no Mineral Development Agreement be awarded with respect to such site and minerals, then such affidavit shall remain confidential for a period not less than six (6) months nor more than one (1) year from the date of such affidavit.

Section 91-117a. Adoption of rules and regulations. The Com mission is hereby authorized to adopt such rules and regulations as it may deem appropriate in exercising its powers and discharging its duties under this Code Chapter.

Section 91-118a. Not subject to Administrative Procedure Act. The Commission shall not be subject to the provisions of the Act known as the 'Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, or as it may hereafter be amended.
Section 91-119a. Liberal construction of this Code Chapter. This Code Chapter shall be liberally construed so as to effectuate the purposes of the Code Chapter.

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Section 91-120a. Specific repealer. The following Acts, portions of Acts and Code Chapters and all amendments to any thereof are hereby specifically repealed:

(a) An Act creating a Mineral Leasing Commission, approved March 9, 1945 (Ga. Laws 1945, p. 352), as amended by an Act approved March 17, 1959 (Ga. Laws 1959, p. 270), and by an Act approved April 8, 1965 (Ga. Laws 1965, p. 590) ;

(b) Code Chapter 36-1A of the Code of Georgia, known as the 'State Properties Acquisition Law', approved March 30, 1965 (Ga. Laws 1965, p. 396), as amended by an Act approved April 5, 1971 (Ga. Laws 1971, p. 426) ;

(c) Code Chapter 91-1A of the Code of Georgia, known as the 'State Properties Control Code', approved February 21, 1964 (Ga. Laws 1964, p. 146), as amended by an Act approved March 24, 1965 (Ga. Laws 1965, p. 249), and by an Act approved April 15, 1965 (Ga. Laws 1965, p. 663), and by an Act approved March 20, 1970 (Ga. Laws 1970, p. 455), and by an Act approved March 24, 1970 (Ga. Laws 1970, p. 713), and by an Act approved April 7, 1971 (Ga. Laws 1971, p. 578), and by an Act approved March 27, 1972 (Ga. Laws 1972, p. 429), and by an Act approved April 17, 1973 (Ga. Laws 1973, p. 857) entitled 'STATE PROPERTIES CODE EN ACTED', and by an Act approved March 26, 1974 (Ga. Laws 1974, p. 1035), and by an Act approved March 26, 1974 (Ga. Laws 1974, p. 1040) ; and

(d) Effective July 1, 1975, item D of Section 2 of an Act ap proved March 29, 1937 (Ga. Laws 1937, p. 503, 506), entitled Supervisor Of Purchases, which item D reads 'To rent or lease all grounds, buildings, offices, or other space required by any department, institution or agency of the State government: Provided, this shall not include temporary quarters for State Highway field forces or convict camps, or temporary places for storage for road materials'.

Section 91-121a. Negation of revivor. This Code Chapter shall in no way be construed to revive any Act, Resolution or Code Chapter, or any part thereof, heretofore repealed or superseded.

Section 91-122a. General repealer. All other laws and parts of laws in conflict with this Code Chapter are hereby repealed."

Section 2. All acts heretofore performed for and on behalf of the State of Georgia by the State Properties Commission created by Ga. Laws 1973, p. 857 are hereby ratified.

Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or uncon stitutional, such declaration or 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,

TUESDAY, MARCH 25, 1975

3931

sentence, clause or phrase so declared or adjudged invalid or unconstitu tional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

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

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed, provided, however, that this Act shall not be construed to repeal any State environmental or natural resources laws administered or enforced by the Department of Natural Resources, the Environmental Protection Division or the Coastal Marshlands Protection Committee.

Representative Colwell of the 4th moved that the House disagree to the Senate substitute to HB 896.

The motion prevailed and the Senate substitute to HB 896 was disagreed to.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 568. By Representatives Howard and Cooper of the 19th, Nix of the 20th and others:
A Bill to repeal Chapter 61-4 of the Code consisting of Sections 61-401 through 61-407 relating to distress warrants; to provide that landlords shall have power to distrain for rents; and for other purposes.

Representative Howard of the 19th moved that the House insist on its position in disagreeing to the Senate substitute to HB 568 and that a Committee of Con ference be appointed on the part of the House of 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:

Representatives Howard of the 19th, Knight of the 67th and Oxford of the 116th.

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

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SB 178. By Senators Kidd of the 25th and Lester of the 23rd:
A Bill to amend an Act designating public and legal holidays in the State of Georgia, as amended, so as to change the time for observing certain holidays; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act designating public and legal holidays in the State of Georgia, approved February 16, 1943 (Ga. Laws 1943, p. 331), as amended, so as to change the time for observing certain holidays; 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 designating public and legal holidays in the State of Georgia, approved February 16, 1943 (Ga. Laws 1943, p. 331), as amended, is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows:
"Section 1. (a) The following days are declared to be public and legal holidays in Georgia: The 1st day of January, known as New Year's Day; the 19th day of January, known as Lee's Birthday; the 22nd day of February, known as Washington's Birthday; the 26th day of April, known as Confederate Memorial Day; the 30th day of May, known as National Memorial Day; the 3rd day of June, known as Jefferson Davis's Birthday; the 4th day of July, known as Indepen dence Day; the 1st Monday in September, known as Labor Day; the 12th day of October, known as Columbus Day; the llth day of No vember, known as Veterans' Day; the 4th Thursday in November, known as Thanksgiving Day; and the 25th day of December, known as Christmas Day, and any day proclaimed or designated by the Governor of the State of Georgia or the President of the United States as a day of fasting and prayer or other religious observance are hereby declared public and legal holidays in the State of Georgia. Whenever a public or legal holiday occurs on a Saturday, the preced ing Friday shall be observed as a public and legal holiday and when ever a public or legal holiday occurs on a Sunday, the following Monday shall be observed as a public and legal holiday.
(b) Beginning with the calendar year, 1971, George Washing ton's Birthday shall be observed on the 3rd Monday in February; National Memorial Day shall be observed on the last Monday in May; and Columbus Day shall be observed on the 2nd Monday in October."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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3933

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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

On the passage of the Bill, by substitute, the ayes were 91, nays 7.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 147. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and others:
A Bill to amend Code Section 13-203.1, relating to bank offices and bank facilities, as amended, so as to provide for the establishment of branch banks through merger, consolidation or sale of assets under certain conditions; and for other purposes.

The following amendment was read and adopted:

The House Committee on Banks and Banking moves to amend SB 147 as follows:
By adding after the word and semicolon "business;" (page 1, line 23), the following word:
"and".

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 104, nays 1.
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 Senate was again taken up for consideration:
SB 148. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and others: A Bill to amend Code Section 13-203, relating to branch banks, so as to provide that any parent bank located in certain counties may establish a branch bank within certain adjacent counties; and for other purposes.

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The following amendment was read and adopted:

The Banks and Banking Committee moves to amend Senate Bill 148 as follows:
By striking from quoted subparagraph (2) of Section 1 (page 1, line 15), the words "a branch bank" and inserting in lieu thereof the following words:
"branch banks as provided by law".

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 Representatives

Adams, G. D. Alexander Bailey Battle Baugh Beck Berry Blackshear Bolster Bowman Bray Brown Burton Carlisle Carnes Carrell Castleberry Chance Childs Clark, Betty Clifton Cole Coleman Colwell Connell Cooper Cox Crawford Culpepper Daugherty Da vis Dean Dent

Dixon Edwards, C. W. Edwards, W. Egan Elliott Evans, B. Felton Foster, R. L. Gignilliat Glanton Glover Hamilton Harden Harris, B. B. Harris, J. G. Hatcher Hill, B. L. Hill, G. Holmes Horton Irvin, R. Johnson, W. R. Jones Keyton King Knight Lane, Dick Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Linder

Long Lucas Marcus Matthews, D. R. McKinney Mostiler Mullinax Owens Oxford Parham Parrish Patten, R. L. Peters Petro Phillips, R. T. Pinkston Randall Ray Richardson Russell, J. Russell, W. B. Scott Shanahan Sheats Sigman Smyre Snow Taggart Thompson Tolbert Townsend Triplett Tucker

Vaughn Waddle Ware

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3935

Watson West

White Williamson

Those voting in the negative were Representatives:

Adams, Marvin Banks Bargeron Beckham Carter Clark, L. Evans, W. D. Foster, P. W. Fraser Gammage Ham Harrison Hays Howard Hudson

Hutchinson Irvin, J. Irwin Jackson Jessup Johnson, R. Karrh Kreeger Lane, W. J. Logan Mann McCollum McDonald Nessmith Nix

Noble Patten, G. C. Rainey Reaves Rush Sizemore Smith, J. R. Smith, V. B. Thomason Twiggs Walker Wall Whitmire Wilson Wood

Those not voting were Representatives:

Adams, John Buck Burruss Calhoun Carr Childers Collins Dover Greer Harris, J. F.

Hawkins Howell Jordan Kilgore Lambert Matthews, C. Miles Milford Parkman Phillips, L. L.

Phillips, W. R. Ross Sams Stone Sweat Toles Wheeler Williams Mr. Speaker

Representative Childers of the 15th stated that he had been called from the floor of the House when the roll call was ordered on the passage of SB 148, as amended. He stated that had he been present, he would have voted "nay" thereon.

On the passage of the Bill, as amended, the ayes were 106, nays 45.

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

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JOURNAL OP THE HOUSE,

Representative Jordan of the 58th requested the following appear in the Journal:

Mr. Clerk:

Please have the House Journal reflect that I did not vote on SB 148 under House Rule 195, due to a conflict of interest.

Thank You,
/s/ Hugh Jordan, Representative District 58

The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amendment thereto:

SB 285. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A Bill to provide for the creation of a Consumer Advisory Board; and for other purposes.

Mr. Carlisle of the 71st moved that the House insist on its position in amend ing SB 285 and that the Speaker appoint a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed and the Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Horton of the 43rd, Carlisle of the 71st and Lambert of the 112th.

The following Resolution of the House was read and adopted:

HR 435. By Representatives Greer of the 43rd, Phillips of the 120th, Patten of the 149th and others:
A RESOLUTION
Commending Miss Janette Hirsch; and for other purposes.
WHEREAS, Miss Janette Hirsch, the beloved Assistant Clerk of the House of Representatives, will retire on April 1, 1975, after a lifetime of service to the State; and
WHEREAS, on March 25, 1975, she celebrates her 65th birthday, having been born in Atlanta on March 25, 1910; and

TUESDAY, MARCH 25, 1975

3.937

WHEREAS, Jenny, as she is affectionately known by her colleagues in State government, attended school in the Atlanta City School System and attended Georgia State College for Women at Milledgeville; and

WHEREAS, she was an employee of the Board of Education of the City of Atlanta from 1930 to 1941, where she knew and assisted a number of past and present members of the House of Representatives; and

WHEREAS, she was an employee of the Georgia Department of Public Safety from 1941 to 1948, during which time she served on a special assignment to the House of Representatives; and

WHEREAS, she has been a full-time employee of the Clerk's Office in the House of Representatives since 1948, and was recently honored in a ceremony in the Governor's office, receiving the Faithful Service Award for dedicated public service of over 40 years; and

WHEREAS, she is responsible for many of the progessive measures utilized in the Clerk's office, such as the First Reader sheets, Composite Status and others; and

WHEREAS, she is largely responsible for the efficient manner in which the Clerk's office operates, and through the years has worked diligently and many long hours in order to perform her duties and make the legislative process easier for members of this Body; and

WHEREAS, her many acts of kindness and consideration towards Representatives and all others who frequent the Clerk's office have made her a favorite of all those who have been fortunate enough to know her; and

WHEREAS, her fellow employees in the State government, partic ularly those in the Legislative Branch, hold her in high esteem; and

WHEREAS, she is loved by the members of this Body, and her host of friends throughout the State and all members sincerely regret her decision to retire and will miss her greatly during the coming years.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that all the members of this Body hereby pay tribute to Miss Janette Hirsch, Assistant Clerk of the House of Representa tives, and wish for her a most happy birthday. The members of this Body commend her for her many years of long, dedicated and faithful service to his Body, to the General Assembly and to the State of Georgia. The members of this Body hereby express their sincerest regrets at her impending retirement, but extend to her their sincere and heartfelt wishes for a long and fruitful retirement.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit an appropriate copy of this Resolution to Miss Janette Hirsch.

3938

JOURNAL OF THE HOUSE,

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

SB 137. By Senator Barnes of the 33rd:
A Bill to authorize the Attorney General and the District Attorneys of Georgia, upon approval of a Superior Court Judge, to grant im munity from prosecution in criminal proceedings; and for other purposes.

The following amendment was read and adopted:
Representative Larsen of the 119th moves to amend SB 137 by adding at the end of line 9, page 2, the following:
"Any order entered under the provisions of the provisions of this Act shall be entered of record in the minutes of the court so as to afford a permanent record thereof and any testimony given by a person pursuant to such order shall be transcribed and filed for permanent record in the office of the clerk of the court."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 106, nays 1.

The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 41. By Senator Kidd of the 25th:
A Bill to amend Code Chapter 88-29, known as the Georgia Medical Consent Law, so as to change the provisions relating to the care and treatment of the mentally ill; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.

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

SB 88. By Senator Holloway of the 12th:
A Bill to amend Code Section 79A-811, relating to certain prohibited acts, so as to provide that it shall be unlawful for any person to possess marijuana; and for other purposes.

TUESDAY, MARCH 25, 1975

3939

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

On the passage of the Bill, the ayes were 98, nays 0.

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

SB 241. By Senators Gillis of the 20th, McGill of the 24th, Fincher of the 54th and others:
A Bill to amend Code Section 95A-960, relating to the enforcement of load limitations for highways, so as to change the schedule for paying damages to the State for overweight vehicles; and for other purposes.

The following amendment was read and adopted:
Representative Phillips of the 120th moves to amend SB 241 by striking the figure "$.02" on Line 14, page one and substituting the figure "$.03" in lieu thereof.
So that the paragraph beginning with line 12 reads as follows:
"For the first 1,000 pounds of excess weight, $.008 per pound; plus $.015 per pound for the next 2,000 pounds of excess weight; plus $.03 per pound for the next 2,000 pounds of excess weight; plus $.04 per pound for the next 3,000 pounds of excess weight; plus $.05 per pound for all excess weight over 8,000 pounds."
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 102, nays 5.

The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 323. By Senator Langford of the 51st: A Bill to amend an Act relating to game and fish, so as to provide for lawful hours for bait shrimping; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 6.

3940

JOURNAL OF THE HOUSE,

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

The following members of the House requested to be recorded as having voted against the passage of SB 323: Representatives Dover of the llth, Leggett of the 153rd, Foster of the 152nd, Harden of the 154th and Sweat of the 150th.

SB 248. By Senators Warren of the 43rd, Stumbaugh of the 55th and Starr of the 44th: A Bill to provide requirements relative to certain types of warehouses or storage spaces; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 4.

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

SB 165. By Senator Overby of the 49th: A Bill to amend Code Section 27-1402, relating to conditions of bail bonds, so as to provide for proceedings to forfeit bonds upon failure of the principal to appear; and for other purposes.
The following amendment was read:
Representative Howard of the 19th moves to amend SB 165 as follows:
By inserting in the title following the word "appear" on line 4 of page 1 the following:
"; to amend Code Chapter 26-24, relating to obstruction of law enforcement, as amended, so as to create the crime of bail jumping; to provide that it shall be unlawful for certain persons to fail to appear at certain proceedings or at certain times and places, without sufficient excuse; to provide for penalties; to provide for severability".
By renumbering Section 2 as Section 4.
By inserting following Section 1, a new Section 2 to read as follows:
"Section 2. Code Chapter 26-25, relating to obstruction of law enforcement, as amended, is hereby amended by adding at the end thereof a new Code Section 26-2511, to read as follows:
'26-2511 Bail jumping.-- (a) It shall be unlawful for any person who has been charged with, or convicted of, the commission of a

TUESDAY, MARCH 25, 1975

3941

felony under the laws of this State and who has been released from custody on bail or on his own recognizance pending any proceeding or appeal in such case to willfully fail to appear, in person, at the time and place specified for any proceeding of which he has notice and at which his attendance is required or at any time and place otherwise required by a court or other lawful authority, without sufficient excuse. Any person violating the provisions of this sub section shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years or by a fine of not more than $5,000, or both.

(b) It shall be unlawful for any person who has been charged with, or convicted of, the commission of a misdemeanor under the laws of this State and who has been released from custody on bail or on his own recognizance pending any proceeding or appeal in such case to willfully fail to appear, in person, at the time and place specified for any proceeding of which he has notice and at which his attendance is required or at any time and place otherwise required by a court or other lawful authority, without sufficient excuse; pro vided that failure to appear in connection with a traffic offense or offenses shall not constitute an offense. Any person violating the pro visions of his subsection shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor. Provided, how ever, that any person who has been charged with, or convicted of a misdemeanor under the laws of this State and who has been released from custody on bail or on his own recognizance pending any proceed ing or appeal, and willfully absconds from this State and fails to appear, in person, at the time and place specified for any proceeding at which his attendance is required or at any time and place other wise required by a court or other lawful authority, without suf ficient excuse, shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years or by a fine of not more than $5,000.00, or both.' " By inserting following Section 2 a new Section 3 to read as follows:

"Section 3. In the event any Section, subsection, clause or phrase of this Act shall be declared invalid for any reason, such ad judication shall in no manner affect the other sections, subsections, or clauses of this Act, which shall remain of full force and effect, as if the Section, subsection, clause or phrase so declared or adjudged invalid were not originally a part hereof."

On the adoption of the amendment, the ayes were 52, nays 39.

The amendment was adopted.

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

On the passage of the Bill, as amended, the ayes were 102, nays 2.

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JOURNAL OP THE HOUSE,

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

SB 33. By Senator Pincher of the 54th: A Bill to amend Code Title 88, the Georgia Health Code, so as to provide for inspection warrants; and for other purposes.
The following amendment was read and adopted:
The Committee on Health and Ecology moves to amend SB 33 as follows: page 2, line 15
By striking quoted Code Section 88-303A of Section 1 in its entirety and substituting in lieu thereof a new quoted Code Section 88-303A to read as follows :
"88-303A. Persons who may issue inspection warrants. -- Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected."

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 Representatives:

Adams, G. D. Adams, Marvin Alexander Bailey Bargeron Beck Bolster Bray Brown Buck Burruss Burton Carlisle Games Carrell Carter Castleberry Chance Childers Childs

Clark, L. Clifton Cole Connell Cooper Crawford Culpepper Daugherty Dean Dent Dixon Dover Edwards, C. W. Edwards, W. Elliott Evans, W. D. Felton Foster, R. L. Gammage Glanton

Ham Hamilton Hatcher Hawkins Hill, G. Holmes Howell Hudson Hutchinson Irvin, J. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Keyton Kilgore King

TUESDAY, MARCH 25, 1975

3943

Kreeger Lane, Dick Lane, W. J. Lee Leggett Leonard Linder Long Mann Marcus
Matthews, D. R. Mostiler Mullinax Nessmith Nix Noble

Oxford Parrish Patten, G. C. Petro Phillips, R. T. Ray Reaves Richardson Ross Rush Russell, J. Russell, W. B. Sheats Sigman Smith, V. B.

Smyre Stone Sweat Taggart Townsend Triplett Waddle Walker Wall Watson West Whitmire Williamson Wilson Wood

Those voting in the negative were Representatives:

Banks Beckham

Bowman Foster, P. W.

Lucas

Those not voting were Representatives:

Adams, John Battle Baugh Berry Blackshear Calhoun Carr Clark, Betty Coleman Collins Colwell Cox Davis Egan Evans, B. Fraser Gignilliat Glover Greer Harden Harris, B. B. Harris, J. G. Harris, J. F.

Harrison Hays Hill, B. L. Horton Howard Irvin, R. Karrh Knight Lambert Larsen, G. K. Larsen, W. W. Logan Matthews, C. McCollum McDonald McKinney Miles Milford Owens Parham Parkman Patten, R. L. Peters

Phillips, L. L. Phillips, W. R. Pinkston Rainey Randall Sams Scott Shanahan Sizemore Smith, J. R.
Snow Thomason Thompson Tolbert Toles Tucker Twiggs Vaughn Ware Wheeler White Williams Mr. Speaker

On the passage of the Bill, as amended, the ayes were 106, nays 5.

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

3944

JOURNAL OF THE HOUSE,

SB 197. By Senators Lewis of the 21st, Banks of the 17th and Barnes of the 33rd:
A Bill to amend Code Section 99-916a, 917a, URESA, so as to substitute the Department of Human Resources in lieu of the Attorney General as the State Information Agency; and for other purposes.

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

On the passage of the Bill, the ayes were 97, nays 0.

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

SR 57. By Senator Lester of the 23rd and Doss of the 52nd:
A RESOLUTION
Creating the Health Laws Study Committee; and for other purposes.
WHEREAS, the laws relating to public health in the State of Georgia have greatly multiplied since the enactment of the Georgia Health Code of 1964; and
WHEREAS, a need exists to compile, clarify and codify laws relating to public health.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Health Laws Study Committee to be composed of ten members to be selected as follows: three members of the Senate who shall be appointed by the President of the Senate; three members of the House of Representatives who shall be appointed by the Speaker of the House of Representatives; and four members to be appointed by the Governor. The Committee shall be authorized to study and review State laws relating to public health and to prepare legislation necessary to compile, clarify and codify State laws relating to public health. The Committee is further authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The Department of Human Resources is authorized to furnish such assistance to the Committee as the Committee deems appropriate, and the Department is further authorized to employ consultants to assist the Committee. Each member of the Committee except State officials and employee members shall receive for his services on the Committee the expenses and allowances authorized by law for members of interim legislative committees. State officials and employee members of the Com mittee shall receive no compensation for their services, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the Committee. The funds necessary for the reim-

TUESDAY, MARCH 25, 1975

3945

bursement of the expenses of State officials and employee members shall come from funds appropriated or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the Legislative Branch of Government. The Committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, to the 1976 Session of the General Assembly on or before December 31, 1975, at which time the Committee shall stand abolished.

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

On the adoption of the Resolution, the ayes were 90, nays 0.

The Chair voted aye. On the adoption of the Resolution, the ayes were 91, nays 0.

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

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its disagreement to the House amendment to Senate amendment and has appointed a Committee of Conference on the following Bill of the House, to-wit:

HB 247. By Representatives Edwards of the 110th, Harris of the 8th, Vaughn of the 57th, and others:
A Bill to amend an Act authorizing the Dept. of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, so as to increase to twelve cents per mile the rate at which the State reimburses expenses incurred by employees of the State or any agency thereof.

The President has appointed on the part of the Senate the following Senators: Doss of the 52nd, Sutton of the 9th, and Howard of the 42nd:

The Senate adheres to its disagreement to the House amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate, to-wit:

3946

JOURNAL OP THE HOUSE,

SB 100. By Senators Stephens of the 36th and Bond of the 39th:
A Bill to provide for the compensation of the Sheriff of certain counties, and the procedure in connection with the payment thereof; to provide for an effective date.

The President has appointed on the part of the Senate the following Senators: Hamilton of the 34th, Hudson of the 35th, and Tate of the 38th:

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 1165. By Representatives Cooper, Howard, and Wilson of the 19th and others:
A Bill to amend an Act so as to change the compensation of the full-time court reporters of the Superior Court of the Cobb Judicial Circuit; and for other purposes.

The following Senate amendment was read:
The Senate moves to amend HB 1165 as follows:
By adding in the title on line 5 of page 1, immediately preceding the phrase "to provide an effective date", the following:
"to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. Laws 1951, p. 184), as amended, so as to require the payment of certain retirement pension or benefit contri butions the Judges of the Superior Court of the Cobb Judicial Circuit are required to pay;".
By renumbering Section 2 and Section 3 as Section 3 and Section 4 and adding a new Section 2 to read as follows:
"Section 2. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. Laws 1951, p. 184), as amended, is hereby amended by inserting, following Section 4B, a new Section 4C to read as follows:
'Section 4C. The governing authority of Cobb County shall pay any retirement pension or benefit contribution of each Judge of the Superior Court of the Cobb Judicial Circuit as such judge is required to pay under any general law of the State of Georgia.' "

Representative Kreeger of the 21st moved that the House agree to the Senate amendment to HB 1165.

On the motion to agree, the ayes were 103, nays 0.

TUESDAY, MARCH 25, 1975

3947

The motion prevailed and the Senate amendment to HB 1165 was agreed to.

The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House substitute thereto:

SB 100. By Senators Stephens of the 36th and Bond of the 39th:
A Bill to provide for the compensation of the sheriff of certain counties; and for other purposes.

Representative Lane of the 40th moved that the House insist on its position in substituting SB 100 and that the Speaker appoint a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed and the Speaker appointed as a Committee of Confer ence on the part of the House, the following members: Representatives Lane of the 40th, Adams of the 36th and McKinney of the 35th.

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

The Senate adheres to its amendments and has appointed a Committee of Conference on the following Bill of the House, to-wit:

HB 1. By Representatives Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th, and others:
A Bill to provide for a rebate or credit against Georgia income taxes for the amount of certain ad valorem tangible property taxes paid by an individual or attributable to an individual.

The President has appointed on the part of the Senate the following Senators: Broun of the 46th, Stumbaugh of the 55th, and Holloway of the 12th:

The Senate insists on its amendment to the following Bill of the House, to-wit:

HB 119. By Representative McKinney of the 35th, Clark of the 55th, and others:
A Bill 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 changing the population bracket to 300,000.

Representative Adams of the 36th 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 Legisla-

3948

JOURNAL OF THE HOUSE,

tion), has had under consideration the following Bill of the Senate and has in structed me to report same back to the House with the following recommendation:

SB 330. Do Pass.

Respectfully submitted, Adams of the 36th, Chairman.

By unanimous consent, the following Bill of the House was taken up for con sideration and read the third time:

SB 330. By Senator Brantley of the 56th:
A Bill to amend an Act reincorporating the City of Atlanta, 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 150, nays 0.

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

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 291. By Senators Robinson of the 27th, Turner of the 8th, Hudson of the 35th and others:
A Bill to amend Code Chapter 26-27, relating to gambling and related offenses, as amended, so as to provide that it shall be unlawful for any person, partnership, firm, corporation or other entity to sell, distribute, televise, broadcast or disseminate any written or printed matter containing an advertisement or solicitation for participation in any lottery; and for other purposes.

The following amendment was read:
Representative Edwards of the 110th moves to amend SB 291 as follows:
1. By adding in the title before the words "to repeal conflicting laws", the following:
"to amend Code Section 26-2701, relating to definitions with respect to gambling and related offenses, so as to change the pro visions relating to the definition of a lottery;".

TUESDAY, MARCH 25, 1975

3949

2. By renumbering Section 2 as Section 3.
3. By adding a new Section 2 to read as follows:
"Section 2. Code Section 26-2701, relating to definitions with respect to gambling and related offenses, is hereby amended by adding at the end of subsection (d) the following:
'A lottery shall not mean a scheme whereby a business gives away prizes to persons selected by lot, if such prizes are made on the following conditions:
(1) such prizes are conducted as advertising and promotional undertakings, in good faith, solely for the purpose of advertising the goods, wares and merchandise of such business; and
(2) no person to be eligible to receive such prize shall be re quired to:
(i) pay any tangible consideration to the operator of such business in the form of money or other property or thing of value, or
(ii) purchase any goods, wares, merchandise or anything of value from such business.',
so that when so amended, subsection (d) shall read as follows:
'(d) "Lottery". A lottery is any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, or policy game, or by some other name. A lottery shall not mean a scheme whereby a business gives away prizes to persons selected by lot, if such prizes are made on the following conditions:
(1) such prizes are conducted as advertising and promotional undertakings, in good faith, solely for the purpose of advertising the goods, wares and merchandise of such business; and
(2) no person to be eligible to receive such prize shall be re quired to:
(i) pay any tangible consideration to the operator of such business in the form of money or other property or thing of value, or

(ii) purchase any goods, wares, merchandise or anything of value from such business.' "

The following amendment to the Edwards amendment was read and adopted:

3950

JOURNAL OF THE HOUSE,

Representative Edwards of the 110th moves to amend the Edwards Amendment so as to add a section immediately following 2(ii) to be numbered 2(iii) to read as follows: "be present to win such prizes".

The Edwards amendment, as amended, was adopted.

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

On the passage of the Bill, as amended, the ayes were 101, nays 0.

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

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 908. By Representatives Elliott of the 49th, Adams of the 14th, Kilgore of the 65th and others: A Bill to amend Code Section 68A-1002, authorizing police officers to remove vehicles, so as to authorize police officers to remove a vehicle which is stopped on a controlled access highway which is part of the National System of Interstate and Defense Highways when such vehicle has been stopped for more than a certain period of time or when such vehicle constitutes a traffic hazard; and for other purposes.
The following Senate amendment was read:
The Senate amends HB 908 by striking on Page 1, line 18, the word "two" and inserting in lieu thereof the word "twelve", and
By striking on Page 2, line 17, the word "two" and inserting in lieu thereof the word "twelve".
Representative Elliott of the 49th moved that the House disagree to the Senate amendment to HB 908.
The motion prevailed and the Senate amendment to HB 908 was disagreed to.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Conference Committee of the follow ing Bill of the Senate, to-wit:

TUESDAY, MARCH 25, 1975

3951

SB 285. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A Bill to declare unfair or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; to provide for the creation of a Consumer Advisory Board; to name the Administrator; to authorize the Administrator to conduct investigations; to provide for severability.

The following Bills of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:

SB 285. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A Bill to declare unfair or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; to provide for the creation of a Con sumer Advisory Board; to name the Administrator; to authorize the Administrator to conduct investigations; to provide for severability; and for other purposes.

The following report of the Committee of Conference was read:
Conference Committee Report SB 285
Mr. President: Mr. Speaker:
Your Conference Committee on SB 285 has met and submits the following recommendation:

That the Senate and House recede from their respective positions and that Senate Bill 285 as passed by the Senate be adopted with the attached Conference Committee amendments thereto.

FOR THE SENATE
/s/ W. Lee Robinson Senator, 27th District
/s/ Peter Banks Senator, 17th District
/s/ J. Beverly Langford Senator, 51st District

Respectfully submitted,
FOR THE HOUSE
/s/ John R. Carlisle Representative, 71st District
/s/ E. Roy Lambert Representative, 112th District
/s/ Gerald T. Horton Representative, 43rd District

The Conference Committee on Senate Bill 285 moves to amend Senate Bill 285, as passed by the Senate, as follows:

3952

JOURNAL OF THE HOUSE,

By adding a new subsection at the end of Section 4 to be designated subsection (d) and to read as follows:

"(d) The Board shall be authorized to ratify or veto rules promulgated by the Administrator at its next regular meeting after the rules are promulgated by the Administrator under the provisions of the Georgia Administrative Procedure Act."

By striking paragraph (2) of subsection (b) of Section 5 in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:

"(2) The initial terms of those other than ex officio members shall be as follows: four members shall be appointed for a term of two years; four members shall be appointed for terms of three years; seven members shall be appointed for terms of four years. Thereafter, each member of the Board shall serve for terms of four years. In the event of a vacancy during the term of any member, whether by reason of death, resignation or otherwise, the appointment of a successor by the Governor shall be only for the remainder of the unexpired term of such member." -

By inserting in line 15 on page 13 between the word "general" and the word "damages" the following: "and exemplary".

By striking the period following the word "defendant" where it ap pears in line 17 on page 13 and inserting immediately following said word "defendant" the following:

"; provided, however, exemplary damages shall be awarded only in cases of intentional violation."

By striking from lines 8 and 9 on page 21 the following: "one year" and inserting in lieu thereof the following: "two years".

By striking from line 11 on page 21 the following: "one year" and inserting in lieu thereof the following: "two years".

Representative Horton of the 43rd moved that the House adopt the report of the Committee of Conference on HB 285.

Representative Lane of the 81st objected.

On the motion to adopt, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, Marvin Bailey Bargeron

Battle Baugh Beck

Bolster Burton Carlisle

Carnes Carrell
Childers Childs Clark, Betty Clifton Connell Cox Crawford Culpepper Dixon Edwards, W. Evans, B. Evans, W. D. Felton Foster, R. L. Gammage Gignilliat Glanton Glover Harden Hatcher Hawkins Hill, B. L. Hill, G.

TUESDAY, MARCH 25, 1975

Holmes Horton Hutchinson Jessup Johnson, W. R. Jones Jordan King Knight Lambert Lane, Dick Lee Leggett Linder Logan Long Lucas Marcus McCollum McDonald McKinney
Mostiler Noble Parham Patten, G, C.

Patten, R. L.
Petro Phillips, L, L. Pinkston Richardson Russell, J. Russell, W. B.
Sheats Smith, J. R. Smith, V. B.
Smyre Sweat Thompson Triplett Tucker Vaughn Walker
Wall West White Whitmire Williams Williamson

3953

Those not voting were Representatives :

Adams, John Banks Beckham Bowman Calhoun Carter Chance Clark, L. Cole Coleman Colwell Cooper Davis Edwards, C. W. Foster, P. W. Ham Harris, B. B. Harris, J. G. Harrison

Hays Howard Hudson
Irvin, J. Irvin, R. Jackson Johnson, R.
Karrh Keyton Kreeger Lane, W. J. Larsen, G. K. Mann Matthews, D. R.
Miles Milford Nessmith Nix Owens

Oxford Peters Phillips, R. T. Phillips, W. R. Rainey Ray Reaves Ross Rush Shanahan Sizemore Thomason Tolbert Twiggs Waddle Watson Wilson Wood

Those voting in the negative were Representatives :

Adams, G. D. Alexander Berry Blackshear

Bray Brown Buck Burruss

Carr Castleberry Collins Daugherty

3954

JOURNAL OF THE HOUSE,

Dean Dent Dover Egan Elliott
Fraser Greer Hamilton Harris, J. F. Howell Irwin

Kilgore Larsen, W. W. Leonard Matthews, C. Mullinax
Parkman Parrish Phillips, L. L. Randall Sams

On the motion, the ayes were 82, nays 56.

Scott Sigman Snow Stone Taggart
Toles Townsend Ware Wheeler Mr. Speaker

The motion was lost and the House rejected the report of the Committee of Conference on SB 285.

The Speaker appointed as a second Committee of Conference on the part of the House on SB 285 the following members hereof:

Representatives Horton of the 43rd, Carlisle of the 71st and Lambert of the 112th.
HB 376. By Representatives McDonald of the 12th, Smith of the 78th and Hutchinson of the 133rd:
A Bill to amend the Executive Reorganization Act of 1972 so as to au thorize the Department of Public Safety to exercise jurisdiction over safety of motor vehicles and over the drivers of motor vehicles operated as motor contract carriers or motor common carriers; and for other purposes.

The following report of the Committee of Conference was read:

Mr. President: Mr. Speaker:

Conference Committee Report on HB 376

Your Conference Committee on HB 376 has met and recommends that the House and Senate recede from their respective positions and that the Senate Substitute to said bill with the attached amendment be adopted.

FOR THE SENATE
/s/ Steve Reynolds Senator, 48th District
/s/ H. Norwood Pearce Senator, 16th District
/s/ George T. Warren, II Senator, 43rd District

Respectfully submitted,
FOR THE HOUSE
/s/ Lauren (Bubba) McDonald, Jr. Representative, 12th District
/s/ J. R. Smith Representative, 78th District
/s/ Terry L. Coleman Representative, 118th District

TUESDAY, MARCH 25, 1975

3955

Conference Committee Amendment to Senate Substitute to HB 376

Amend Senate Substitute to HB 376 as follows:

By renumbering Section 3 as Section 4, and by adding after Section 2 a new Section 3 to read as follows:

"Section 3. This Act shall become effective on July 1, 1976."

Representative McDonald of the 12th moved that the House adopt the report of the Committee of Conference on HB 376.

On the motion, the ayes were 115, nays 3.

The motion prevailed and the report of the Committee of Conference on HB 376 was adopted.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 119. By Representatives McKinney of the 35th, Clark of the 55th, Sheats of the 28th and Carnes of the 43rd:
A Bill 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 changing the population bracket to 300,000; and for other purposes.

Representative Carnes of the 43rd moved that the House insist on its position in disagreeing to the Senate amendment to HB 119 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:

Representatives Carnes of the 43rd, Marcus of the 26th and McKinney of the 35th.

The following Resolution of the House was read and adopted:

3956

JOURNAL OP THE HOUSE,

HR 436. By Representatives Bargeron of the 83rd, Linder of the 44th, Cox of the 141st and others:

A RESOLUTION

Relative to the command of Speaker Thomas B. (Blood 'n' Guts) Murphy; and for other purposes.

WHEREAS, House Speaker Thomas B. (Blood 'n' Guts) Murphy has assumed command of the Army of the House of Representatives in its legislative battles to insure that right will prevail for all the people; and

WHEREAS, his noble leadership and intuitive abilities have led the often weary troops into the fray and from the battle they have emerged victorious; and

WHEREAS, the members of his command, through the ranks none excepted, feel a great debt of gratitude for the exemplary leadership and courageous examples displayed by the commander; and

WHEREAS, Thomas B. Murphy has shown himself to be courageous, brave, full of valor, resolute, bold, of great spirit and daring, a leader contemptuous of danger and full of confidence.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that we members of the Command of the House of Representatives of the Army of Georgia do hereby promote Com mander Murphy to the rank of full General in command of all House forces whatever their branch of service or party affiliation and pin on him the four stars of full command and urge all citizens to join in recog nition of his determination that justice prevail in the legislative battles of this great State.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Speaker Thomas .B. Murphy.

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 Confer ence on the following Bill of the House, to-wit:
HB 568. By Representatives Howard and Cooper of the 19th, Nix, Edwards and Harrison of the 20th and others: A Bill to repeal Chapter 61-4 of the Code consisting of Sections 61-401 through 61-407 relating to distress warrants; to establish a new chapter

TUESDAY, MARCH 25, 1975

3957

61-4 of the Code relating to distress warrants; to provide that landlords shall have power to distrain for rents.

The President has appointed on the part of the Senate the following Senators: Lewis of the 21st, Howard of 42nd, and Banks of the 17th:

The following Bill of the House was taken up for the purpose of considering the report of the second Committee of Conference thereon:

HB 17. By Representatives Ware of the 68th, Greer of the 43rd and Castleberry of the lllth:
A Bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to provide for additional definitions; to change certain definitions; to change the provisions relating to minimum insur ance coverage for motor vehicles; to change the provisions relating to survivors' benefits; and for other purposes.

The following report of the second committee of conference was read:

Conference Committee Report on HB 17

Mr. President: Mr. Speaker:

Your Conference Committee on HB 17 has met and submits the following recommendations:

1. That the Senate and House recede from their respective positions.

2. That the Senate Substitute to HB 17 as amended by the attached amend ment be adopted.

FOR THE SENATE
/s/ Sam W. Doss, Jr. Senator, 52nd District
/s/ Terrell A. Starr Senator, 44th District
/s/ George T. Warren, II Senator, 43rd District

Respectfully submitted,
FOR THE HOUSE
/s/ J. Crawford Ware Representative, 68th District
/s/ John W. Greer Representative, 43rd District
/s/ Joe T. Wood Representative, 9th District

The Senate Substitute to House Bill 17 is hereby amended as follows:

By renumbering Sections 5, 6 and 7 as Sections 6, 7 and 8, respectively.

3958

JOURNAL OF THE HOUSE,

By adding a new Section 5, to read as follows:

"Section 5. Said Act is further amended by adding a new sub section (c) at the end of Section 6, to read as follows:

'(c) In addition to all other penalties provided for herein in the event that an insurer fails or refuses to pay a person the benefits which such person is entitled to under this Act within sixty (60) days after proper proof of loss has been filed, the person may bring an action to recover such benefits, and if the insurer fails to prove that its failure or refusal to pay such benefits was in good faith, the in surer shall be subject to punitive damages.' ", and

By adding at the end of line 12 of page 7 the following: "at least monthly".

Representative Ware of the 68th moved that the House adopt the report of the second Committee of Conference on HB 17.

On the motion, the ayes were 104, nays 9.

The motion prevailed and the report of the second Committee of Conference was adopted.

Under the general order of business, established by the Committee of Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 255. By Senator Broun of the 46th:
A Bill to amend an Act providing for grants to citizens of Georgia who are students attending colleges which are not branches of the University System of Georgia, as amended, so as to provide that students must be full-time students as of the beginning of each school term for which such grant is 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 106, nays 0.

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

TUESDAY, MARCH 25, 1976

3959

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 40. By Representatives Jordan of the 58th, Russell of the 53rd, Hawking of the 50th, and others:
A Bill to provide that no bank, lending company, financial institution, retail installment seller, or person extending credit may discriminate or provide requirements which discriminate in the extending of credit or the making of loans on the basis of sex, race, religion or marital status; to provide for an action for damages or equitable relief.

The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HB 1. By Representatives Murphy of the 18th, Lambert of the 112th, Burruss of the 21st and others:
A Bill to provide from State appropriations, funds as grants to counties in order to provide certain ad valorem tax relief; and for other purposes.

The following report of the Committee of Conference was read:

Conference Committee Report on HB 1

Mr. President:
Mr. Speaker:
Your Conference Committee on HB 1 has met and submits the follow ing recommendations:

That the Senate and House recede from their respective positions, and that HB 1, as it passed the House, with the attached amendments be adopted.

FOR THE SENATE

Respectfully submitted, FOR THE HOUSE

/s/ Paul C. Broun Senator, 46th District
/s/ Lawrence (Bud) Stumbaugh Senator, 55th District
/s/ Al Holloway Senator, 12th District

/s/ Marcus Collins Representative, 144th District
/s/ Joe Frank Harris Representative, 8th District
/s/ Don Castleberry Representative, lllth District

3960

JOURNAL OF THE HOUSE,

Amend HB 1 by adding on page 2, line 4 after the word "State", the words "for the immediately preceding year.", and
By deleting, from page 2, lines 7 and 8 the words "for the immediate ly preceding year", and
By adding on page 3, line 4, after the word "State", the words "for the immediately preceding year.", and

By deleting from page 3, lines 30 and 31, the words "or combination of credits in all counties of the State of Georgia,", and
By deleting from page 4, lines 2 through 9 in their entireties and substituting in lieu thereof the following:
"governing authority). No credit authorized by this Act shall be granted unless the taxpayer shall claim his entitlement to such credit and certify that the sum of all such credits so claimed by him does not exceed $1,000. The State Revenue Commissioner shall pro vide by regulation for the forms and procedures by which taxpayers shall claim credits and certify the sum thereof, and the governingauthorities of the various counties shall make available to the taxing authorities of such counties funds sufficient to defray the administrative costs of this Act. Any person who, with intent to receive credit not authorized by this Act, shall claim a credit to which he is not lawfully entitled or shall falsely certify the sum of credits claimed by him shall, upon conviction, be punished as for a misdemeanor. Any credit erroneously or illegally granted, whether due to negligence or any other cause, shall be recoverable by the county granting such credit in the same fashion as any other delinquent property tax.", and
By striking the first sentence in Section 5 and inserting in lieu thereof the following:

"The taxing authority of each county receiving funds pursuant hereto shall show in a prominent manner on the tax bill of each ad valorem taxpayer the dollar amount of credit against ad valorem property taxes which said taxpayer is receiving as a result of the funds herein allocated and shall show that such credit is a result of the passage of this Act by the General Assembly of Georgia."

Representative Collins of the 144th moved that the report of the Committee of Conference on HB 1 be adopted.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin

Alexander Bailey Banks

Bargeron Battle Baugh

Beck Beckham Berry Bolster Bowman Bray Buck Burruss Calhoun Carlisle Games Carr Carrell Carter Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman Collins Colwell Connell Cooper Cox Crawford Culpepper Daugherty Davis Dean Dent Dixon Dover Edwards, C. W. Edwards, W. Elliott Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glanton Glover Greer
Ham

TUESDAY, MARCH 25, 1975

3961

Hamilton Harden
Harris, B. B. Harris, J. G. Harris, J. F. Harrison Hatcher Hawkins Hays Hill, G. Holmes Horton Howard Howell Hudson Hutchinson
Irvin, J.
Irvin, R.
Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Karrh Keyton Kilgore Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Logan Long Mann Marcus Matthews, D. R. McCollum McDonald Miles Milford Mostiler Mullinax Nessmith Nix

Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Rainey Ray Reaves Richardson Ross Rush Russell, J. Sams Shanahan Sheats Sigman Sizemore Smith, J. R. Smith, V. B.
Smyre
Snow Stone Sweat Taggart Thomason Thompson Tolbert Triplett Tucker Twiggs Vaughn Waddle Walker Wall Ware Watson West Whitmire Williams Wilson Wood

Those voting in the negative were Representatives:

Brown Linder

Lucas

Williamson

3962

JOURNAL OF THE HOUSE,

Those not voting were Representatives:

Blackshear Burton Egan Evans, B. Hill, B. L. Jordan

King Matthews, C. McKinney Pinkston Randall Russell, W. B.

Scott Toles Townsend Wheeler White Mr. Speaker

On the motion, the ayes were 158, nays 4.

The motion prevailed and the report of the Committee of Conference on HB 1 was adopted.

HB 247. By Representatives Edwards of the 110th, Harris of the 8th and others:
A Bill to amend an Act authorizing the Department of Administrative Services to establish and operate motor pools; and for other purposes.

The following report of the Committee of Conference was read:

Conference Committee Report on HB 247

The Conference Committee on HB 247 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 247 be adopted.

FOR THE SENATE:
/s/ Sam W. Doss, Jr. Senator, 52nd District
Pierre Howard, Jr. Senator, 42nd District
Franklin Sutton Senator, 9th District

Respectfully submitted,
FOR THE HOUSE:
/s/ Frank I. Bailey, Jr. Representative, 72nd District
/s/ Michael J. Egan Representative, 25th District
/s/ William J. Lee Representative, 72nd District

A BILL
To be entitled an Act to amend an Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by of ficials, officers and employees of the State or any agency thereof, ap proved April 6, 1972 (Ga. Laws 1972, p. 1125), so as to increase to twelve cents ($.12) per mile the rate at which the State reimburses expenses in curred by State officers, officials and employees in operating private motor vehicles while engaged in the service of the State or any agency thereof; to provide for additional reimbursement for parking and toll

TUESDAY, MARCH 25, 1975

3963

fees incurred while so engaged, regardless of the ownership of the ve hicle; to amend Code Section 40-1802, relating to the salary, expenses, duties and bond of the State Auditor, as amended, so as to change certain provisions relating to the compensation and expenses of the State Auditor; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, approved' April 6, 1972 (Ga. Laws 1972, p. 1125), is hereby amended by striking Section 2 of said Act, which reads as follows:

"Section 2. The officers, officials and employees of the various Departments, Institutions, Boards, Bureaus, and Agencies of the State shall be paid 10 cents per mile as traveling expense when traveling in the service of the State or any agency thereof by auto mobile, except as provided otherwise in the General Appropriations Act. This section shall not apply to officers, officials, and employees traveling in State owned automobiles or rental automobiles.",

in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The officers, officials and employees of the Execu tive, Legislative and Judicial Branches of State Government shall be paid 12 cents per mile as traveling expense and shall, in addition to mileage, be reimbursed for actual expenses incurred by reason of tolls and parking fees, when traveling in the service of the State or any agency thereof by automobile. Mileage shall not be recover able by such officers, officials, and employees traveling in Stateowned automobiles or rental automobiles."

Section 2. Code Section 40-1802, relating to the salary, expenses, duties and bond of the State Auditor, as amended, is hereby amended by striking from said Section, the following:
"The State Auditor shall be paid a salary of $6,000 per annum, payable monthly, and shall also be paid his actual traveling ex penses while actually engaged in the performance of his official duties, to be proved by his sworn itemized statement and approved by the Governor: Provided that the salary of the State Auditor shall be increased by the amount of $1,000 for each five years of continuous service as an employee or official in the State Depart ment of Audits up to and including 20 years.",

and inserting in lieu thereof the following:
"Any other provision of law to the contrary notwithstanding, the State Auditor shall receive an annual salary of $35,000. Traveling expenses of the State Auditor shall be paid as may otherwise be provided for by law.",

3964

JOURNAL OF THE HOUSE,

so that when so amended Code Section 40-1802 shall read as follows:

"40-1802. Salary, expenses, duties, and bond of State Auditor. Any other provision of law to the contrary notwithstanding, the State Auditor shall receive an annual salary of $35,000. Traveling expenses of the State Auditor shall be paid as may otherwise be provided for by law. The State Auditor shall devote his entire time to the performance of the duties of his office, and shall give bond to be filed with and approved by the Comptroller General, in the sum of $10,000, payable to the Governor and his successors in office, conditioned that he shall truly and faithfully perform the duties of his office and shall account for all public funds coming into his hands or under his control, the premium on which bond shall be paid by the State."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Egan of the 25th moved that the report of the Committee of Conference on HB 247 be adopted.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, John Adams, Marvin Alexander Bailey Bargeron Battle Beck Beckham Berry Bolster Bowman Bray Brown Buck Burruss Burton Calhoun Carr Carrell Castleberry Chance Childers Childs Clark, L. Clifton Cole Coleman

Colwell Connell Cooper Cox
Crawford Culpepper Davis Dent Dixon
Dover Edwards, C. W. Edwards, W. Egan Elliott Evans, W. D. Felton Foster, R. L. Gammage Gignilliat Glanton Glover Greer Ham Harden Harris, J. G. Harris, J. F. Harrison

Hatcher Hawkins Hays Hill, G. Holmes Horton Howard Howell Hutchinson Irvin, J. Irvin, R. Irwin Jackson Jessup Jones Karrh Keyton Kilgore King Knight Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett

TUESDAY, MARCH 25, 1975

3965

Leonard Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald Mostiler Mullinax Nessmith
Noble Owens Oxford Parham Parrish Patten, G. C. Patten, R. L.

Petro Phillips, R. T. Phillips, W. R. Pinkston Rainey Ray Reaves Ross Rush Russell, J. Russell, W. B. Sams Shanahan
Sheats Sizemore Smith, J. R. Smith, V. B. Smyre Snow

Stone Sweat Taggart Thompson Tolbert Townsend Triplett Tucker Twiggs Vaughn Waddle Walker Ware Watson West Whitmire Williamson Wilson Wood

Those voting in the negative were Representatives:

Banks Carter Clark, Betty

Foster, P. W. Johnson, R. Johnson, W. R.

Nix Wall

Those not voting were Representatives:

Adams, G. D. Baugh Blackshear Carlisle Carnes Collins Daugherty Dean Evans, B. Fraser Hamilton Harris, B. B.

Hill, B. L. Hudson Jordan Lane, Dick Linder Matthews, C. McKinney Miles Milford Parkman Peters

Phillips, L. L. Randall Richardson Scott Sigman Thomason Toles Wheeler White Williams Mr. Speaker

On the motion, the ayes were 138, nays 8.

The motion prevailed and the report of the Committee of Conference on HB 247 was adopted.

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

3966

JOURNAL OF THE HOUSE,

SB 165. By Senator Overby of the 49th:
A Bill to amend Code Section 27-1402, relating to conditions of bail bonds and recognizances, as amended, so as to provide for proceedings to forfeit bonds or recognizances upon failure of the principal to appear.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 100. By Senators Stephens of the 36th and Bond of the 39th:
A Bill to provide for the compensation of the sheriff of certain counties; and for other purposes.

The following report of the Committee of Conference was read:

Conference Committee Report on SB 100

Mr. President: Mr. Speaker:

Your Conference Committee on SB 100 has met and submits the following recommendation:

That the Senate and House recede from their respective positions and that the attached Substitute to SB 100 be adopted.

FOR THE SENATE:
/s/ Horace E. Tate Senator, 38th District
/s/ Perry J. Hudson Senator, 35th District
/s/ James R. Hamilton Senator, 34th District

Respectfully submitted,
FOR THE HOUSE:
/s/ Dick Lane Representative, 40th District
/s/ J. E. McKinney Representative, 35th District
/s/ G. D. Adams Representative, 36th District

A BILL
To be entitled an Act to provide for the compensation of the sheriff of certain counties, and the procedure in connection with the payment thereof; to provide for an effective date; to specifically repeal certain laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The annual salary of the sheriff of all counties in the State having a population of 500,000 or more, according to the 1970

TUESDAY, MARCH 25, 1975

3967

United States Decennial Census, or any future such census, shall be $27,800.00. Said salary shall be payable in equal monthly installments out of the treasuries of such counties.

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3. An Act providing for the salary of the sheriff in certain counties, approved March 29, 1973 (Ga. Laws 1973, p. 2461), is hereby repealed.

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

Representative McKinney of the 35th moved that the report of the Committee of Conference on SB 100 be adopted.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D.
Adams, John Adams, Marvin Alexander Bailey Banks Bargeron Battle Beck Bray Brown Burruss Carlisle Carnes Carr Carrell Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman Colwell Connell Cooper Cox
Crawford Culpepper

Daugherty Davis Dean Dent Dixon Dover Edwards, C. W. Edwards, W. Elliott Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Gammage Glover Greer Ham Hamilton Harden Harris, B. B. Harris, J. G. Harrison Hatcher Hawkins Hays Hill, B. L. Hill, G. Horton Howard Howell

Hudson Hutchinson Irvin, J. Irwin Jackson Jessup Johnson, R. Karrh Keyton Kilgore King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee Leggett Leonard Logan Long Lucas Mann Marcus McCollum McKinney Miles Milford Mostiler Mullinax

3968
Nessmith Nix Noble Owens Oxford Parham Parrish Patten, G. C. Patten, R. L. Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey

JOURNAL OP THE HOUSE,

Ray Reaves Ross Rush Russell, J. Russell, W. B. Shanahan Sheats Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat

Taggart Thomason Tolbert Tucker Twiggs Vaughn Waddle Walker Wall Ware Watson West Whitmire Wilson Wood

Those voting in the negative were Representatives:

Beckham Carter

Egan Irvin,R.

Larsen, G. K. Townsend

Those not voting were Representatives:

Baugh Berry Blackshear Bolster Bowman Buck Burton Calhoun Collins Fraser Gignilliat Glanton

Harris, J. F. Holmes Johnson, W. R. Jones Jordan Linder Matthews, C. Matthews, D. R. McDonald Parkman Peters Randall

Richardson Sams Scott Sigman Thompson Toles Triplett Wheeler White Williams Williamson Mr. Speaker

On the motion, the ayes were 138, nays 6.

The motion prevailed and the report of the Committee of Conference on SB 100 was adopted.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 191. By Senators Shapard of the 28th, Banks of the 17th and Carter of the 14th:
A Bill to amend the Adequate Program for Education in Georgia Act, so as to change the provisions relative to the allotment of teachers; and for other purposes.

TUESDAY, MARCH 25, 1975

3969

The following amendment was read and adopted:

Representative Mostiler of the 71st moves to amend SB 191 as follows:
By striking everything on lines 10 through 27 on page 1 and sub stituting in lieu thereof the following:
"Laws 1974, p. 1045) is hereby amended by inserting between Section 37 and Section 38 a new section, to be designated Section 37A, to read as follows:
'Section 37A. Determination of Average Daily Attendance; Permissible Exclusion.--Whenever the State Board of Education determines the Average Daily Attendance under the provisions of this Act by basing its calculations upon average Daily Attendance during a fixed number of months the Board may exclude from such calculations any month during which the Average Daily Attendance was more than 15 r/< lower than the Average Daily Attendance for the remainder of the period used as a base for their projection.' "

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 Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Banks Bargeron Battle Baugh Beck Beckham Bolster Bowman Bray Brown Burruss
Calhoun Carnes Carrell Carter Castleberry Chance Childers

Clark, Betty Clark, L. Clifton Cole Coleman Collins Colwell Connell
Cooper Cox Crawford Culpepper Daugherty Davis Dean Dent Dixon Dover Edwards, C. W. Edwards, W. Evans, B. Evans, W. D. Felton

Foster, R. L. Gammage Gignilliat Glanton Glover Ham Hamilton Harden Harris, B. B. Harris, J. G. Harrison Hatcher Hawkins Hays Hill, B. L. Hill, G. Holmes Horton Howard Howell Hudson Hutchinson Irvin, J.

3970
Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee Leggett Leonard Linder Logan Long Lucas Mann Marcus McCollum

JOURNAL OF THE HOUSE,

McDonald
Miles Milford Mostiler Mullinax Nessmith Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Ray Reaves Richardson Ross Rush Russell, J. Russell, W. B.

Sams Sheats Sigman Sizemore Smith, V. B. Smyre Snow Stone Sweat Taggart Thomason Thompson Tolbert Townsend Triplett Tucker Twiggs Vaughn Waddle Walker Wall Ware Watson Whitmire Williamson Wilson Wood

Those not voting were Representatives:

Berry Blackshear Buck Burton Carlisle Carr Childs Egan Elliott Foster, P. W.

Fraser Greer Harris, J. F.
Larsen, W. W. Matthews, C. Matthews, D. R. McKinney Nix Peters Petro

Scott Shanahan Smith, J. R. Toles West Wheeler White Williams 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.
SB 164. By Senators Fincher of the 54th and Kidd of the 25th: A Bill to provide that the records and proceedings of any hospital medical review committee, etc., shall be confidential; and for other purposes.

TUESDAY, MARCH 25, 1975

3971

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend SB 164 as follows:
By inserting on line 2 on page 1 after the word and symbol "com mittee,", the following:
"peer review committee,".

By striking everything on line 13 on page 1 and inserting in lieu thereof the following:

"a licensed hospital, nursing home, medical foundation or peer review committee,".

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 Representatives:

Adams, John Adams, Marvin Alexander Bailey Banks Bargeron Battle Baugh Beck Berry Bolster Bray Brown Buck Burruss Calhoun Games Carr Carrell Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman Collins Connell

Cooper Cox Culpepper Daugherty Davis Dean Dent Dixon Dover Edwards, C. W. Egan Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Gammage Gignilliat Glanton Glover Greer Ham Hamilton Harden Harris, B. B. Harris, J. G. Harris, J. F. Harrison Hays Hill, B. L.

Hill, G. Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee Leggett Leonard Linder Logan

3972
Long Lucas Mann Marcus McCollum McDonald McKinney Miles Milford Mostiler Mullinax Nessmith Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L.

JOURNAL OF THE HOUSE,

Peters Phillips, L. L. Phillips, R. T. Phillips, W. B. Pinkston Rainey Ray Reaves Richardson Rush Russell, J. Russell, W. B. Sams Sheats Sigman Sizemore Smith, V. B.
Smyre Snow Stone

Sweat Taggart Thomason Thompson Tolbert Townsend Triplett Tucker Vaughn Waddle Walker Wall Ware Watson West Whitmire Williamson Wilson Wood

Those voting in the negative were Representatives:

Bowman

Carter

Those not voting were Representatives:

Adams, G. D. Beckham Blackshear Burton Carlisle Colwell Crawford Edwards, W. Elliott Fraser

Hatcher Hawkins Lambert Larsen, W. W. Matthews, C. Matthews, D. R. Nix Petro Randall Ross

Scott Shanahan Smith, J. R. Toles Twiggs Wheeler White Williams Mr. Speaker

On the passage of the Bill, as amended, the ayes were 149, nays 2.

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

SB 236. By Senator Kidd of the 25th:
A Bill to amend an Act creating the Board of Funeral Service and regu lating the practice of embalming and funeral directing, as amended, so as to provide that apprentice service as a requirement for licensing may be earned on a part-time basis; and for other purposes.

TUESDAY, MARCH 25, 1975

3973

The following amendment was read and adopted:

The House Industry Committee moves to amend SB 236 as follows:

By inserting on lines 19 and 23 on page 1 and on lines 8 and 11 on page 2, after the word "basis" on each such line, the following:
"pursuant to appropriate rules and regulations adopted by the Board".

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

On the passage of the Bill, as amended, the ayes were 112, nays 0.

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

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 40. By Representatives Jordan of the 58th, Russell of the 53rd, Hawkins of the 50th and others:
A Bill to provide that no bank, lending company, etc., may discriminate on the basis of sex, race, religion or marital status; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend HB 40 as follows:
By striking from the title beginning at the end of line 6 of page 1, and on line 21 of page 1, the following:
"or equitable relief".
By inserting in Section 2 after the word "action" on line 19 of page 1 the following:
"in an individual but not in a representative capacity".
By striking from Section 3 the word "violating" on line 23 of page 1 and inserting in lieu thereof the words "willfully violating".

Representative Jordan of the 58th moved that the House agree to the Senate amendment to HB 40.

3974

JOURNAL OF THE HOUSE,

On the motion, the ayes were 112, nays 1.

The motion prevailed and the Senate amendment to HB 40 was agreed to.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 568. By Representatives Howard and Cooper of the 19th, Nix, Edwards and Harrison of the 20th and others:
A Bill to repeal Chapter 61-4 of the Code relating to distress warrants; and for other purposes.

The following report of the Committee of Conference was read:

Conference Committee Report on HB 568

Mr. President: Mr. Speaker:

The Conference Committee on HB 568 makes the following recom mendations:

That each House recede from its position and adopt the Senate Substitute to HB 568 with the following amendment:

By adding in Section 61-402 at the end of line 2 on page 3, after the word "Courts', the following:

", or any justice of the peace".

FOR THE SENATE:
/s/ Pierre Howard, Jr. Senator, 42nd District
/s/ Preston B. Lewis, Jr. Senator, 21st District
/s/ Peter L. Banks Senator, 17th District

FOR THE HOUSE:
/s/ G. Robert Howard Representative, 19th District
/s/ Nathan G. Knight Representative, 67th District
/s/ Oliver Oxford Representative, 116th District

Representative Howard of the 19th moved that the House adopt the report of the Committee of Conference on HB 568.

On the motion, the ayes were 105, nays 7.

TUESDAY, MARCH 25, 1975

3975

The motion prevailed and the report of the Committee of Conference on HB 568 was adopted.

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

SB 76. By Senators Bell of the 5th and Stumbaugh of the 55th:
A Bill to amend an Act providing that a person eighteen years of age or over may donate his blood, so as to change the age required for making such donation; and for other purposes.

The report 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.

SB 294. By Senators Fincher of the 54th and Garrard of the 37th:
A Bill to amend Code Chapter 88-17, relating to vital records, as amended, so as to provide for the payment of certain fees to all local registrars and custodians of vital records; to provide that the department shall com plete and register delayed birth certificates; to provide that burial permits shall be issued within 72 hours after death; and for other purposes.

The following amendment was read and adopted:
Representative Mann of the 13th moves to amend SB 294 at page 2 between lines 9 and 10 adding a new subsection entitled (D) to read as follows:
(d) Notwithstanding any other provision of this section, in counties where the local registrar and local custodian of vital records are employees of the county board of health, fees payable under this subsection shall be paid to the county board of health and by it remitted to the county treasurer monthly.

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

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

3976

JOURNAL OF THE HOUSE,

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 170. By Representatives Murphy of the 18th, Vaughn of the 57th, Burruss of the 21st and others:
A Bill to make and provide appropriations for the fiscal year beginning July 1, 1975 and ending June 30, 1976; and for other purposes.

The following report of the Committee of Conference was read:

Conference Committee Report on HB 170

The Conference Committee on HB 170 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 170 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Paul C. Broun Senator, 46th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Joe Frank Harris Representative, 8th District

/s/ Al Holloway Senator, 12th District

/s/ Marcus Collins Representative, 144th District

/s/ John R. Riley Senator, 1st District

/s/ Clarence R. Vaughn, Jr. Representative, 57th District

Conference Committee Substitute to HB 170
A BILL
To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1975, and ending June 30, 1976; to make and provide such appropriations for the operation of the State Govern ment, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

TUESDAY, MARCH 25, 1975

3977

That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1975, and ending June 30, 1976, as prescribed hereinafter for such fiscal year, from the General Funds of of the State, including unappropriated surplus and Federal Revenue Sharing Funds and an amended revenue estimate of $1,823,000,000 for fiscal year 1976.

PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch _.,,..__.._......___..,,.._..$

8,192,000

1. Operations --,,-,,,,---___,,____,,__.,,_..$ Total Funds Budgeted ...___-....__......._..__...,,...___,,....._.$ State Funds Budgeted -_.......__.....____....,,__..._,,.._,,....._.$

7,750,000 7,750,000 7,750,000

2. For Election Blanks and Other Election Expenses _,,..,,__,,._,,..,,,,___$
Total Funds Budgeted .____.,,____.____._____________.____-______.? State Funds Budgeted ,,___-____,,-..__-_____-.____-.__--$

330,000 330i,000 330,000

3. Georgia Official and Statistical Register __..,,.__...$ Total Funds Budgeted .... .,,._,,._..,,._...,,$ State Funds Budgeted ..............--.$

112,000 112,000 112,000

Budget Unit Object Classes:
Operations _-.._.--.-.--.--.-----$ Election Blanks and Other
Election Expenses .........._ ......--,,.$ Georgia Official and Statistical Register _____,,_.__.$

7,750,000
330,000 112,000

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for mem bership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services
Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; for the Legislative Services Committee, the Office of Legis lative Counsel and the Office of Legislative Budget

3978

JOURNAL OF THE HOUSE,

Analyst; for compiling publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Gov ernment. The Committee is hereby authorized to promul gate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended with out prior approval of the Committee. The Committee shall also make a detailed study of all items and pro grams which are paid for from funds appropriated to the Legislative Branch of Government with a view to wards determining which are legitimate legislative ex penses and which should be paid for from other appro priations.

Section 2. Department of Audits. Budget Unit: Department of Audits ___...__._..............$

2,455,000

1. Operations ____.............,,._.______.........,,................._..__._._.$ Total Funds Budgeted ..._..._.....,,..$ State Funds Budgeted ............._.._._.,,._...............-.....$

2,115,000 2,115,000 2,115,000

2. Tax Ratio Study __________._______....__________.___________.__...__.____$ Total Funds Budgeted ._,,,,___.___.__--$ State Funds Budgeted _._.._...,,.,,,,.,,...,,,,$

340,000 340,000 340,000

Budget Unit Object Classes:
Operations ___.___________.____.__.______,,________.-_-__..-.......__._.$ Tax Rate Study __..___._.__._...-..................-...--.-.-_-_..$

2,115,000 340,000

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court ....................................$

1,109,000

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

TUESDAY, MARCH 25, 1975

3979

by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500 shall be allo cated for the payment of attorneys' fees and legal ex penses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Session, pp. 478-479.

Section 4. Superior Courts. Budget Unit: Superior Courts ....................................I

7,299,603

For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges' sal aries, contingent expense allowances authorized by law, the payment of mileage authorized by law, the payment of travel, tuition and expenses of Judges authorized to attend the National College of State Trial Judges, and such other salaries and expenses as may be authorized by law.

For payment of salaries, contingent expense allow ances, the payment of mileage and other expenses as may be authorized by law for the District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus.

For the cost of operating the Judge Sentence Review Panel as created by 1974 Georgia Laws, p. 358.

Provided, however, that the listed appropriation shall be increased by the amount of $21,666 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 $55,000 per annum for each judgeship created by law during the 1975 session of the General Assembly.

Provided, that of the above appropriation relating to Superior Courts, $100,000 is designated and com mitted for the Prosecuting Attorneys' Council for Oper
ations.

Section 5. Court of Appeals. Budget Unit: Court of Appeals ..._....-......_-_..._.-.._.-.$

1,301,439

For the cost of operating the State Court of Appeals, including salaries and retirement contributions of

3980

JOURNAL OF THE HOUSE,

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 Emeritus posi tion established during the fiscal year.

Section 6. Administrative Office of the Court. Budget Unit: Administrative Office of the Court .__.$

221,620

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

Section 7. Appellate Court Reports. Budget Unit: Court Reports .,,......._._._..........._._.___.....$

64,500

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

Section 8. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission.._ $

10,000

For the cost of operating the Judicial Qualifications Commissions.

Section 9. Board of Court Reporting.

Budget Unit:

..........$

7,425

For the cost of operating the Board of Court Re porting.
PART III.

EXECUTIVE BRANCH

Section 10. Department of Administrative Services.
Budget Unit: Department of Administrative Services ,,,,_,,_.__..___.$ 20,742,288.62

1. Georgia Building Authority Budget:
Direct Payments to Authority for Operations ._.__._._______..__._,,_............._..._..___.__._....$
Capital Outlay ___.___.___.............._.,,...__._____.__._..............$ State of Georgia General Obligation
Debt Sinking Fund .,,,,..,,...,,,,,,_....$ Authority Lease Rentals ______.____________._______.-___.._.___.$ Total Funds Budgeted ,,-.._.._..,,,,_....--,,$ State Funds Budgeted _.,,._.,,...-$ Total Positions Budgeted

1,854,696 290,000
240,000 3,112,753 5,497,449 5,497,449
0

TUESDAY, MARCH 25, 1975

3,98!

Provided, that of the above appropriation relative to Capital Outlay, $200,000 is designated and committed to design and install an automated electrical power management system in State office buildings in the Capitol Hill area.
2. Departmental Administration Budget:
Personal Services ................................................--...$ Regular Operating Expenses ..................................^ Travel .................. .....^ Motor Vehicle Equipment Purchases .,,.___._.....,,___$ Publications and Printing ...._........._._._...._._.._._...,,,,..$ Equipment Purchases ,,,,_,,_. -,,__,,. ___,,_$ Per Diem and Fees --......--.........----..._..----..___.---..$ Computer Charges ...................... ^ Other Contractual Expense ............ ........^ Total Funds Budgeted ................$ State Funds Budgeted .......... .....^, Total Positions Budgeted
3. Fiscal Administration Budget:
Personal Services _.. .______..,,_______,,._________.______,,_________.__._$ Regular Operating Expenses ...........__ ........ _...$ Travel ......................... ^ Motor Vehicle Equipment Purchases __.._....______-...$ Publications and Printing ........................................^ Equipment Purchases ......................--.......................^ Per Diem and Fees ___......__.-.---_.._,,...,,_.._..-.-___--..._.$ Computer Charges ............. ......^ Other Contractual Expense ............. ....^ Total Funds Budgeted ................$ State Funds Budgeted ............._.._..-...._-_,,.-_-._.....___-.$ Total Positions Budgeted

531,000 45,703
9,000 --0--
5,500 2,000 --0-- 8,000 --0-- 601,203 601,203
35
380,525 31,261 4,000
--0-- 12,000 3,500
--0-- 1,693,656
--0-- 2,124,942 2,124,942
25

4. Self-Insurance Administration Budget:

Personal Services .._,,_._.,,,,,,-__.,,--_$

Regular Operating Expenses ..___.._.--...,,__.--.__,,..--._$

Travel

..----$

Motor Vehicle Equipment Purchases __..._.____....--_.$

Publications and Printing .....,,,,$

Equipment Purchases _._.........,,....___..--..._..,,-.__----,,__$

Per Diem and Fees __-.--__,, ....................--.........^....$

Computer Charges ............ ...^

Other Contractual Expense ................. .-^

Workmen's Compensation .,,--_..,,-- .,,.___..-..__...,,,,_.$

Total Funds Budgeted ......... ...^,

State Funds Budgeted ..............................................^

Total Positions Budgeted

224,175 12,797 26,000
--0-- 3,000 1,000
--0-- 1,000
--0-- 856,780 1,124,752 1,092,352
17

5. Procurement Administration Budget:
Personal Services .__.__-.-__._....__-...._._-..__-.-._-.--.$ Regular Operating Expenses ................................-.^

689,630 86,798

3982

JOURNAL OF THE HOUSE,

Travel --__.-_-___.___.____,,__.____,,__,,.____..__._____.___.___,,_,,___$ Motor Vehicle Equipment Purchases ........___.,,...,,.$ Publications and Printing ....__......,,_.,,...,,.____......,,_,,.$ Equipment Purchases -_--------____________,,.________,,_________$ Per Diem and Fees --___----_---_______,,.__________,,_______,,__$ Computer Charges --------------......-.-.......................I Other Contractual Expense --____,,___.,,,,__.___________,,____$ Total Funds Budgeted -,,,,...,,_......$ State Funds Budgeted ...._-......___......_....__.,,..._._.__.......$ Total Positions Budgeted

12,000 --0--
24,900 4,225 --0-- 17,000 8,500 843,053 843,053
53

6. General Services Administration Budget:

Personal Services -.......--....--..............-....................I

Regular Operating Expenses ,,.-._.--------.-.,,..----.$

Travel -_._.........__.___......._.__..._....,,..,,_.._._...........,,__._.___..$

Motor Vehicle Equipment Purchases __..__.,,_,,.......$

Publications and Printing ,,_.__..........._..__...__._.........$

Equipment Purchases .-.--------...,,__----..-..-...._.__----$

Per Diem and Fees

_,,.,,_.,,__,,_$

Computer Charges ____._.,,--....,,__.__.__,,__..-._...__...,,..,,.-__.$

Other Contractual Expense _...........__..._____,,.,,_.__.___.$

Total Funds Budgeted --..,,-$

State Funds Budgeted ........_.__.__.,,......._..____............_.$

Total Positions Budgeted

164,000 8,685 3,000
--0-- 1,220
1,100 --0-- --0-- --0-- 178,005
89,827
13

7. Property Management Administration Budget:
Personal Services ,-.,,-.__,,$ Regular Operating Expenses .,,_____------..._._..__--....$ Travel ..........................................................................I Motor Vehicle Equipment Purchases .__.....___..,,--.$ Publications and Printing ..-......_.._.._._...._......__..._.._..$ Equipment Purchases .--------..-.....-------....--.----$ Per Diem and Fees .._._....-.......-_.._..._..__..,,.....___.._._._...$ Computer Charges __,,,,_,,,,_..,,----,,$ Other Contractual Expense ......_.._._.__..__.__.........--..$ Total Funds Budgeted .....__.______..__-_._.__..........._._._._.$ State Funds Budgeted ._....._.._...._....-.--......_.__--$ Total Positions Budgeted

113,400 25,257
1,500 --0--
1,300 2,000 --0-- 12,000 1,750 157,207 157,207
9

8. Data Processing Services Budget:
Personal Services -....._.____.__.__.......-....,,._..___.__-........-$ Regular Operating Expenses ._..__._.__.___............,,__...$ Travel .._..__.___.__..-.........._______.____.__.,,._...........-_.___.__-..-$ Motor Vehicle Equipment Purchases _._..___.........._.$ Publications and Printing ....__...__.._.._._.......-...__._.._._.$ Equipment Purchases ___...___.._....-......._.._.__.__._._..__..__.f Per Diem and Fees .......,,--..,,..__.__....,,---------------$ Computer Charges __.____._______.__...__._...._... ..-..........-$ Rents and Maintenance Expense ..-- --_._.._.._..__----$ Other Contractual Expense ____._.._..___..___.___..__._.--$ Total Funds Budgeted ___.__...._.._..._.........-.............._..-$ State Funds Budgeted ...................--.------I Total Positions Budgeted

8,033,586 3,827,521
25,000 --0--
38,500 42,000 --0-- 150,000 7,794,381 1,060,000 20,970,988 9,000,000
624

TUESDAY, MARCH 25, 1975

3983

9. Motor Pool Services Budget:
Personal Services .__._,,..,,---._.__..........__,,$ Regular Operating Expenses ,,_...-----...--.--_,,._--$ Travel ..... .................................................................^ Motor Vehicle Equipment Purchases __________--._._,,,,.$ Publications and Printing ........-_......._........_....--........$ Equipment Purchases ......................$ Per Diem and Fees ........_. .-..----_....-.-.--...-..----.....--.$ Computer Charges .............. ...4 Other Contractual Expense __.-__.__..----___....----__..---$ Total Funds Budgeted ............... ....^ State Funds Budgeted ,,.._,,$ Total Positions Budgeted

109,284 176,733 --0-- 155,000 --0--
30,000 --0--
1,800 --0-- 472,817
29,000 13

10. Communication Services Budget:

Personal Services .... ...

--,,,,..$

Regular Operating Expenses .-....._............._-.._-___.$

Travel ............................................................................$

Motor Vehicle Equipment Purchases ,..._.....--._.----$

Publications and Printing ___.__......______.._._______..._____._.$

Equipment Purchases ................................................^

Per Diem and Fees .....-........-.....-......._._-.....-._-......._.$

Computer Charges .......... .....^

Other Contractual Expense ..............$

Telephone Billings _............_.._......._._..._....._.........__......$

Total Funds Budgeted ................................................$

State Funds Budgeted ................................................^

Total Positions Budgeted

1,125,000 222,210 9,000 --0-- 10,000 35,000 --0-- 40,000 7,000
11,166,600 12,614,810 1,000,000
97

11. Printing Services Budget:
Personal Services ^.................. ...^ Regular Operating Expenses ....................$ Travel _-..,,-. -..,,.... .._.,,$ Motor Vehicle Equipment Purchases _._..........._._..._.$ Publications and Printing __.._........._..._....._..._.......___.$ Equipment Purchases ........-...,,_._._..._.-..,,..._,,......._...-.$ Per Diem and Fees ......................................................^ Computer Charges ................._......_............__...,,.....,,__.$ Other Contractual Expense ...------.------....$ Total Funds Budgeted ...... ....... ...-.$ State Funds Budgeted __.._............_..............__............_.$ Total Positions Budgeted

849,570 861,849
7,000 --0--
1,000 94,000 --0--
5,000 --0-- 1,818,419 --0--
75

12. Central Supply Services Budget:

Personal Services ........................................................^

Regular Operating Expenses ---.---.--------.$

Travel .............................^

Motor Vehicle Equipment Purchases ___.__--_.._.__--$

Publications and Printing ...........4

Equipment Purchases .............................. ^

Per Diem and Fees

...................... .^

Computer Charges ......................... ...^

80,318 398,125
1,000 --0--
5,000 4,000 --0-- 2,500

3984

JOURNAL OP THE HOUSE,

Other Contractual Expense __._______,.,,_____________________..!? Total Funds Budgeted ...-.- ..... ......,,$ State Funds Budgeted ......................... 4 Total Positions Budgeted

1,275 492,218 --0--
9

13. State Properties Commission Budget:

Personal Services ..._....,,,,_._ ..... .......$

Regular Operating Expenses ,,_.._......__.._..._......-._.....$

Travel

.-.-.-.-.-$

Motor Vehicle Equipment Purchases ...--......-.--.....$

Publications and Printing ...... ... ....,,.$

Equipment Purchases ........._._............$

Per Diem and Fees _......._..........,,_$

Computer Charges ,.-- ---.-- ...... ........$

Other Contractual Expense ......................................I

Total Funds Budgeted ...._......._............._......_......._....$

State Funds Budgeted .................$

Total Positions Budgeted

140,000 50,000 20,500 --0-- 8,000 17,000 22,000 --0--
1,970.62 259,470.62 259,470.62
10

14. Volunteer Services Budget:
Personal Services ..._...................$ Regular Operating Expenses .......................^ Travel .... .... .--..--.. ... ............. $ Motor Vehicle Equipment Purchases --..,,.._._._,,....__.$ Publications and Printing ,,..,,_._....__._......._...._.._..._...$ Equipment Purchases ..--..,,......_.....-- ..$ Per Diem and Fees _----._.-.._..,,.-..__-..,,._..._.__...-._._...$ Computer Charges ......................................................$ Other Contractual Expense ......................................$ Total Funds Budgeted _.__._____....________..__.___..______.__..___.$ State Funds Budgeted .__..._.._..,,._............._._......._._.....$ Total Positions Budgeted

33,834 5,201 1,850 --0-- 4,500 --0-- --0-- --0-- 2,400 47,785 47,785
2

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

Other Contractual Expense ....____....____.-...__.__..-_.....$

Rents and Maintenance Expense ........._..__......_.......$

Workmen's Compensation ..........................................I

Direct Payments to Authority for Operations.^- $

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

State of Georgia General Obligation Debt Sinking Fund ---...--. ... ...-----$

Authority Lease Rentals ............................................I

Telephone Billings .................$

12,474,322 5,752,140
119,850 155,000 114,920 235,825
22,000 1,930,956 1,082,895.62 7,794,381
856,780 1,854,696
290,000
240,000 3,112,753
11,166,600

TUESDAY, MARCH 25, 1975

3985

Section 11. Department of Agriculture. Budget Unit: Department of Agriculture .___.,,-..__-__.$ 16,129,448

1. Plant Industry Budget:

Personal Services ... ...._._............................._..._....._.__..$

Regular Operating Expenses ....____...__..--._.--_----_...$

Travel

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

Motor Vehicle Equipment Purchases ..................... $

Publications and Printing .............. ._................._......$

Equipment Purchases ...._...-.....-.............--...--....--....$

Per Diem and Fees

. . .$

Computer Charges ____.--....--.............._..--.._....,..._...._..$

Other Contractual Expense ...._.......-........_...--..--.....$

Fire Ant Eradication .................._..._.....__......-..._....._$

Total Funds Budgeted .____..__.__..____...__.._._.___..____--_...$

State Funds Budgeted ._.._..._.. .........__......_......-..._.......$

Total Positions Budgeted

2,100,426 148,440 89,500 32,000 24,400 54,700 1,400 --0-- --0--
1,500,000 3,950,866 3,859,866
193

2. Animal Industry Budget:
Personal Services .._._..._...___..._.___..._.___.___._...__..____..._...$ Regular Operating Expenses ..-._...........-._...-.....--..-. $ Travel _...._..__.._........_..__......__......... ...._..._............_..-.....$ Motor Vehicle Equipment Purchases ...___.--__..--.--.$ Publications and Printing ___..__..----_.----.---.._---..--.$ Equipment Purchases . ..___.._____..___._._.__...____.-_.___.-___..$ Per Diem and Fees ..... .................._..._..........--....--.....$ Computer Charges ._..................-_.................--............$ Other Contractual Expense ._..-....,,.....-..._......_......... $ Athens Veterinary Laboratory Contract ................ $ Tifton Veterinary Laboratory Contract ... ........... $ Poultry Improvement Contract .._...._._....__...__..._._...$ Veterinary Fees _...................._....................-....-...-$ Poultry Research Contract with Georgia
Institute of Technology ............_............_............_.$ Contract with University of Georgia to Study
Asiatic New Castle Disease __..............................._.$ Indemnities ...._..............._................................ ___.,,_.___.$ Total Funds Budgeted ...................,.............-....._-......$ State Funds Budgeted ... ___.__..___..__.._..___.._..__.___.___.___.$ Total Positions Budgeted

630,983 96,166 35,000
7,000 9,575 8,788 --0-- --0-- --0-- 220,000 330,000 515,000 525,000
250,000
250,000 100,000 2,977,512 2,977,512
51

3. Marketing Budget:

Personal Services _..._................_.......__....._._.................$

Regular Operating Expenses ..........................--......$

Travel ...

.........$

Motor Vehicle Equipment Purchases .....--..........--.$

Publications and Printing .................._....._......._..._.._..$

Equipment Purchases ..,,.._........_._-.._.....,......_......_..--.$

Per Diem and Fees ................._._....._....._....._-...._......_..$

Computer Charges ...._.....-___.._.........__...-._....._..--........$

Other Contractual Expense ........._..,,......._............._..$

Advertising Contract ....................................__.:__........$

1,124,054 184,670 33,200 10,000 12,000 2,500 2,700 --0-- 31,100 35,000

3986

JOURNAL OF THE HOUSE,

Authority Lease Rentals ................_.$ Total Funds Budgeted .._._-...__..._.__-..._._....._.__._._..-.._._..$ State Funds Budgeted ......... $ Total Positions Budgeted

945,000 2,380,224 2,241,294
101

4. General Agricultural Field Forces Budget:
Personal Services _..._.-.____.._.___.....__...._._....__._..__._._...__..$ Regular Operating Expenses .._.__.._____...-._.,,.___...._.-_..$ Travel ._.._.._____.__....___._.._.____.__..__._._.__..._.__....___.__..__.__..___.$ Motor Vehicle Equipment Purchases ___...___._..________.$ Publications and Printing __..____...____._____...__.___.______..$ Equipment Purchases ................. _..___._____,,_..__________.$ Per Diem and Fees ..............$ Computer Charges _..........._............._........._.-.-..._........$ Other Contractual Expense ........--..-...-..._..--.-..--.-...$ Total Funds Budgeted ......_.._..._...... __.___.___._.___._.....__..$ State Funds Budgeted ............................................. $ Total Positions Budgeted

1,285,756 55,850 160,000 40,000 2,750 5,475
--0-- --0-- --0-- 1,549,831 1,549,831
124

5. Internal Administration Budget:
Personal Services __............_._...._.._...__......_......._...........$ Regular Operating Expenses _.___,,...__,,_.___.--..._._._..$ Travel .__........._.... $ Motor Vehicle Equipment Purchases .._......._.--.....$ Publications and Printing _....................._._...._..._.....$ Equipment Purchases ---_.._-- ......_ .---..._$ Per Diem and Fees ................$ Computer Charges __......__..._......._......__.................._...$ Other Contractual Expense __......_....._.....................$ Total Funds Budgeted ................$ State Funds Budgeted ......_................_..........._..._.....$ Total Positions Budgeted

776,588 66,030 16,200
--0-- 19,100 7,100 1,000 145,156
--0-- 1,031,174 1,014,174
55

6. Information and Education Budget:
Personal Services ....... .__.....__..........,,.._......._...__.._.......$ Regular Operating Expenses ........................._......_.$ Travel ........_.._ ... .... ..............$ Motor Vehicle Equipment Purchases ...._......._..._...$ Publications and Printing _....._.............__..............__..$ Equipment Purchases .._._....._. ..........._......._...._.._.......$ Per Diem and Fees ............_..............._..._..........._.......$ Computer Charges ........_..................._......._...._..........$ Other Contractual Expense ................__--.................$ Total Funds Budgeted ........._......_......._........._.._..........$ State Funds Budgeted ............... ............................. $ Total Positions Budgeted

112,539 232,410
1,500 --0-- 315,000
3',800 --0-- --0-- --0-- 665,249 665,249
11

7. Fuel and Measures Standards Budget:
Personal Services _..._....._.............._..._....._......_..............$ Regular Operating Expenses ....................................if Travel ............................................................................I

643,404 89,975 60,200

TUESDAY, MARCH 25, 1975
Motor Vehicle Equipment Purchases __..___...____..___.$ Publications and Printing .._.___.____.__..__._____..._..______...$ Equipment Purchases ___._._.___._____.._.___.._____..____..__.._.___.$ Per Diem and Fees _-_____.._.._._____........-___.....___.___..--_...$ Computer Charges _._..______.___.__..___.___.__._______.___.____.____.$ Other Contractual Expense ....................................if Total Funds Budgeted .___._______.._._.__....___.__.____.___.___._._.$ State Funds Budgeted . . _.....___...._.___..____-__.___.___...__..$ Total Positions Budgeted

3987
20,500 6,000 19,000
--0-- --0-- --0-- 839,079 839,079
61

8. Consumer Protection Budget:

Personal Services .__._._.___.__..__.._____...__...____.._.__...__.._-____.$

Regular Operating Expenses ... ..._--_...--.._--..._.$

Travel

..................$

Motor Vehicle Equipment Purchases _.. .. ... -.... .$

Publications and Printing ... ........_..........._...............$

Equipment Purchases ....................__..__.-._....-._,,,,.--.$

Per Diem and Fees -..-...$

Computer Charges _........_..._........_........._............_--_.--$

Other Contractual Expense .......$

Total Funds Budgeted ......... $

State Funds Budgeted ..... ...... ........._....-......_...........$

Total Positions Budgeted

524,532 40,100 25,500 --0--
3,200 2,500 1,000 --0-- --0-- 596,832 596,832
38

9. Consumer Protection Field Forces Budget:
Personal Services _......................._..._..._..............._._.....$ Regular Operating Expenses ..._........._......._._.....,,..__..$ Travel ................_...$ Motor Vehicle Equipment Purchases ....................if Publications and Printing _...--......-.._..._...--.__..___..--$ Equipment Purchases ................--...----.--.--.--..--..$ Per Diem and Fees ............... ..^ Computer Charges ,,_.---....--_---____---..---..--._._------.$ Other Contractual Expense ... _......._...........__...._.....$ Total Funds Budgeted ...............................................^ State Funds Budgeted ..............................................$ Total Positions Budgeted

1,301,381 56,100 115,000 49,000 4,500 2,000
--0-- --0-- --0-- 1,527,981 1,349,981
107

10. Meat Inspection Budget:
Personal Services ......................................................$ Regular Operating Expenses ....................................$ Travel _........................_......._..........._......._............_......_...$ Motor Vehicle Equipment Purchases _..._...............$ Publications and Printing ...... ......................_...._._...$ Equipment Purchases ................................................^ Per Diem and Fees ...................................................^ Computer Charges ................ ^ Other Contractual Expense ._......_..........._._...............$ Total Funds Budgeted __...._..............................._....._.$ State Funds Budgeted .._.......__..... ..__............._.........$ Total Positions Budgeted

1,724,940 38,350 135,800
--0-- 4,000 540 60,000
-- 0-- 32,000
1,995,630 835,630 144

3988

JOURNAL OF THE HOUSE,

11. Georgia Agrirama Development Authority Budget:

Payments to Agrirama Authority

for Operations _._____.__,,____._.._______..__.....__________._.__________$

Total Funds Budgeted

.._-..,,$

State Funds Budgeted ......_......._......_.._..........._....._...$

200,000 200,000 200,000

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 _..._............................................_..$

Other Contractual Expense _........._.........................$

Fire Ant Eradication ...._._.................._........_......_.......$

Athens Veterinary Laboratory Contract............... .$

Tifton Veterinary Laboratory Contract ....-....._.._..$

Poultry Improvement Contract ......_..........._.............$

Veterinary Fees -_.-.,,-.-$

Poultry Research Contract with

Georgia Institute of Technology .........._.........._..$

Contract with University of

Georgia to Study Asiatic

New Castle Disease ........._..........._..............._.._..._...$

Indemnities _........_.._............................_____ ...._........._.....$

Advertising Contract ...................._...._..............__......$

Authority Lease Rentals _

.

.. $

Payments to Agrirama Authority

for Operations . . .

.$

10,224,603 1,008,091
671,900 158,500 400,525 106,403 66,100 145,156 63,100 1,500,000 220,000 330,000 515,000 525,000
250,000
250,000 100,000 35,000 945,000
200,000

Provided, that of the above appropriation relative to Regular Operating Expenses, $50,000 is designated and committed for livestock and poultry shows relating to research and promoting.

Section 12. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance . ........._....,,._................._...,,......,,.._.. ..$

1,580,637

1. Administration Budget:
Personal Services .....-....._..._..._............... Regular Operating Expenses ....._........ Travel _._.___..-.__...._.__.._..___..___..._________.___.__.. Motor Vehicle Equipment Purchases Publications and Printing ....._.............. Equipment Purchases .__......._......._......__.. Per Diem and Fees .----..--.....--.....-...... Computer Charges .--._........_.._..._......._..

324,318 56,589
5,000 --0--
12,000 3,843 1,000 9,919

TUESDAY, MARCH 25, 1975

3989

Other Contractual Expense ..................$ Total Funds Budgeted ................___.. ..___._..._._.....___..__.$ State Funds Budgeted .............................................^ Total Positions Budgeted

--0-- 412,669 412,669
20

2. Examination Budget:
Personal Services ....................................................$ Regular Operating Expenses .. ...---. ........... .......--$ Travel _...... ...............................................................$ Motor Vehicle Equipment Purchases -- ...._...,,_.....$ Publications and Printing ____.._._____...___.___._...___..._._...$ Equipment Purchases .__._._.____....._______.____.__.___.________.__.$ Per Diem and Fees ............................ $ Computer Charges __..___.__...__.. ...................................^ Other Contractual Expense ....................................$ Total Funds Budgeted .... ..... ............................_.....$ State Funds Budgeted ........ ..... ....................._...$ Total Positions Budgeted

919,326 12,400 229,285
--0-- --0--
6,957 --0-- --0-- --0-- 1,167,968 1,167,968
62

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 ......... ........ ............. ....... ............$ Other Contractual Expense ....................................^

1,243,644 68,989
234,285 --0--
12,000
10,800
1,000
9,919 --0--

Section 13. Department of Community Development.
A. Budget Unit: Department of Community Development ........... ...... ... - ............ ............_.......$

16,459,499

1. Industry Budget:

Personal Services ... ... ........................._......................$

Regular Operating Expenses ....--.......--....--...----$

Travel ...................

.$

Motor Vehicle Equipment Purchases ....................^

Publications and Printing ................ ........_..............$

Equipment Purchases ............ ............. .........--..----.$

Per Diem and Fees . ........... .....................................$

Computer Charges ........... ..... .._................_.....--...----$

Other Contractual Expense .____._..._..__.....___.--....--_.$

Total Funds Budgeted ................. ............ ............ $

State Funds Budgeted ........................... ................... $

Total Positions Budgeted

260,000 22,599 35,000
--0-- 2,000
--0-- 4,500
--0-- --0-- 324,099 324,099
15

3990

JOURNAL OF THE HOUSE,

2. Research Budget:
Personal Services ...-,,- ..... ...-.-.---...$ Regular Operating Expenses ..................................if Travel ..................,,..$ Motor Vehicle Equipment Purchases --_.____.______.__..$ Publications and Printing _._______..._________._____...._____._...$ Equipment Purchases ............._.... $ Per Diem and Fees ...................$ Computer Charges ___..__.__......___.___.___.__.._______.._,,_____.._.$ Other Contractual Expense _______ _._.___.,,_____.--._..__..$ Total Funds Budgeted ._____.._...___.__..___________....__.___..__.$ State Funds Budgeted ___._._..._..._._.________...__.___.........__..$ Total Positions Budgeted

227,130 53,793 5,000
--0-- 2,000 1,240 1,800 19,465
--0-- 310,428 292,428
17

3. Tourism Budget:
Personal Services __.____._____,,.___._.._...___....-.___._-.._______.....$ Regular Operating Expenses ___._-..___._._-.._.__.___._._.__$ Travel .....................$ Motor Vehicle Equipment Purchases .-.._._.___.___.__..$ Publications and Printing ___._..___._._._______..______._______.$ Equipment Purchases ........ ............. .........$ Per Diem and Fees ............... $ Computer Charges .........$ Other Contractual Expense .... .....$ Capital Outlay _...____._..____........__._._.____._....._____..._.___._._.$ Local Welcome Center Contracts .._____._--._____.,,.._.___.$ Total Funds Budgeted _.___.__,,___.___.___.___.__--.._.___-.......$ State Funds Budgeted ................... ........._................$ Total Positions Budgeted

649,000 3'47,069
30,000 --0--
300 3,100 52,000 4,000 --0-- 10,000 85,000 1,180,469 1,180,469
70

Provided, that of the above appropriation relating to Capital Outlay, $10,000 is designated and committed to purchase land for a Welcome Center on 1-20 West.
4. Community Affairs Budget:
Personal Services -..__-..................__.......$ Regular Operating Expenses ----..--.--.....--..._----...$ Travel ....................._.........._...........................................$ Motor Vehicle Equipment Purchases ....................$ Publications and Printing .........................................5 Equipment Purchases _-..___._......_.___.___.___._,,__-____..--.___.? Per Diem and Fees ....................................................If Computer Charges __...._.____._.________._._________...___.._________$ Other Contractual Expense ............................__......? Total Funds Budgeted ..................... ..............,,........? State Funds Budgeted ....._......................_..._...........,,..$ Total Positions Budgeted

351,050 35,442 15,000
--0--
7,448 3,141 2,520 --0-- --0--
414,601 173,534
20

TUESDAY, MARCH 25, 1975

5. Internal Administration Budget:

Personal Services -..-.... _..,,-- ... $

Regular Operating Expenses ....................................^

Travel .............................^

Motor Vehicle Equipment Purchases ....................^

Publications and Printing ....._____..___.-...-.._....--....._...$

Equipment Purchases ___.----_.-._.--_._-.---------_-----$

Per Diem and Fees

......$

Computer Charges

... ....--$

Other Contractual Expense _.....-._.................--.$

Promotional Parade Floats _.._.__.__...____..___...__..____._.$

Total Funds Budgeted

.........$

State Funds Budgeted ..............................................^

Total Positions Budgeted

3991
484,436 306,196
18,000 --0--
30,450 1,300 12,000 2,000
--0-- 28,000 882,382 825,431 32

6. International Budget:

Personal Services ................--$

Regular Operating Expenses __...-.._._._.-___....--...----.$

Travel ........... ..^.

Motor Vehicle Equipment Purchases ........-......--.if

Publications and Printing ,______._____._..__._._.__..___...___...$

Equipment Purchases ___.._...._._____-_.___.,,.-________--_._._--..$

Per Diem and Fees

...........$

Computer Charges ...............$

Other Contractual Expense __..______..__..____.__..-_.-._.--.$

Total Funds Budgeted ___._._..._.__..___.___.__...__.___.-.__._.....$

State Funds Budgeted .............................................^

Total Positions Budgeted

110,217 67,466 40,853 --0--
1,050 400
150,884 4,000
--0-- 374,870 374,870
7

7. Advertising Budget:

Advertising

..........$

Total Funds Budgeted ....................................,...........$

State Funds Budgeted ....... ............................. ..........$

Total Positions Budgeted

785,190 785,190 785,190
0

Grants to Area Planning and Development Commissions Budget:
Grants to Area Planning and Development Commissions ................
Total Funds Budgeted ............................ State Funds Budgeted _..........._......._....... Total Positions Budgeted

1,170,000 1,170,000 1,170,000
0

9. Area Development Budget:
HUD--701 Planning Grants Total Funds Budgeted ......... State Funds Budgeted ............ Total Positions Budgeted

1,365,000 1,365,000
--0--
0

3992

JOURNAL OP THE HOUSE,

10. Ports Authority Budget:
Authority Lease Rentals .... $ State of Georgia General
Obligation Debt Sinking Fund ............_......._..._...$ Total Funds Budgeted _..._.........._.._................_._..._.......$ State Funds Budgeted ........__........_......._..............._..._.$ Total Positions Budgeted

2,790,000
5,500,000 8,290,000 8,290,000
0

11. World Congress Center

State of Georgia General Obligation

Debt Sinking Fund

.....

$

Total Funds Budgeted ___._______,,__.____.__.______..__...___...___.$

State Funds Budgeted ............_........_.._..._....,,.........._.$

3,043,478 3,043,478 3,043,478

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 -......-.-$

Other Contractual Expense .________.______._.______._______._._.$

Capital Outlay .........$

Local Welcome Center Contracts ___.___..._.___....____.$

Advertising ........$

Promotional Parade Floats __.._._._._._...______...__.__..__._.$

Grants to Area Planning and

Development Commissions ,,..--.....-..-...-----.---...$

HUD-701 Planning Grants

... ....$

Authority Lease Rentals .__.__.._._.__.._..__.___._..._____....$

State of Georgia General Obligation

Debt Sinking Fund _......._...._......___._......._....._.._......$

2,081,833 832,565 143,853 --0-- 43',248 9,181 223,704 29,465 --0-- 10,000 85,000 785,190 28,000
1,170,000 1,365,000 2,790,000
8,543,478

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $4,500,000 is specifically appropriated for the purpose of financing repairs and construction and land acquisition by the Georgia Ports Authority through the issuance of not to exceed $52,000,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriation for the State of Georgia General Obligation Debt Sinking Fund, $1,000,000 is specifically appropriated for the purpose of financing the construction and equipping of a general cargo facility on Colonel's Island in Glynn County, Georgia, through the issuance of not to exceed $12,000,000 in principal amount of General Obligation Debt.
B. Budget Unit: State Crime Commission __...__._._._._.__..$

1,017,110

TUESDAY, MARCH 25, 1975

3993

1. Planning and Grant Administration Budget:

Personal Services .--__.__.---._..---..._.---..._----.--.-----.$

Regular Operating Expenses ... ._......................._.._...$

Travel

.........$

Motor Vehicle Equipment Purchases --.--.....--.....$

Publications and Printing .______._._.____.._._____..________.___.$

Equipment Purchases

-- .--.,$

Per Diem and Pees ......................................_....._.......$

Computer Charges _...................... ............................if

Other Contractual Expense _.__.__._....__.__...-.._._..__.___.$

Total Funds Budgeted ...... .._______.._..___..._._.__.._.____....$

State Funds Budgeted ............. ......___..._..._._._..._.__..___.$

Total Positions Budgeted

556,215 67,260 22,600 --0--
8,750 1,000 11,000 --0-- --0-- 666,825 66,683
35

2. Crime Statistics Center Data Budget:
Personal Services .......................................................$ Regular Operating Expenses _____...._.___._..._____.....___.$ Travel ................._..............._....._............. .........:..._...._..$ Motor Vehicle Equipment Purchases ___._...___.__..__..$ Publications and Printing ........................... ........._..$ Equipment Purchases ........................................-.....-$ Per Diem and Fees ........................................_..........$ Computer Charges .....................................................^ Other Contractual Expense ........--.....................--.$ Total Funds Budgeted ._.._... ....... ..............................^ State Funds Budgeted ............. ........... ....... ....... ...$ Total Positions Budgeted

66,521 16,690
6,750 --0--
4,300 450
3,000 7,315 --0-- 105,026 --0--
4

3. Georgia Organized Crime Prevention Council Budget:

Personal Services .. .... .................. ...........................$

Regular Operating Expenses ............_........... .........$

Travel

..

$

Motor Vehicle Equipment Purchases ....................if

Publications and Printing .............._.......................$

Equipment Purchases ....... ........----.....--........--..--.$

Per Diem and Fees __....... ............._......... ......._.......$

Computer Charges ............ .............................:.........^

Other Contractual Expense ........ ............... ............$

Total Funds Budgeted .......................................... $

State Funds Budgeted ................................ ............$

Total Positions Budgeted

34,270 5,910 2,400
--0-- 750
--0-- --0-- --0-- --0--
43,330 4,333 2

4. LEAA Grants Budget:
LEAA Action--Local ....................... ............... ........$ LEAA Action--State ................................... ........._.$ LEAA State Buy-In ........................................_....$ LEAA Discretionary ...............................................$ LEAA Planning ......................................,.................$ Total Funds Budgeted ...............................................$ State Funds Budgeted _...........................-..._.............$ Total Positions Budgeted

7,278,986 4,650,360
946,094 225,000 475,600 13,576,040 946,094
0

3994

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 _.--.._--.______..-._.-__._____,,--_.__,,--.___.? Other Contractual Expense ....................................I LEAA Action Local .,,....._....._..............__....._._.............$ LEAA Action State ...................._..................._....._.__..$ LEAA State Buy-In _...........__...-..._....._....,,..___._....._._.$ LEAA Discretionary -.,,-_.. .__,,.$ LEAA Planning ..._........_.....__.._..........._...._.._......_.....$

657,006 89,860 31,750 --0--
13,800 1,450 14,000 7,315 --0-- 7,278,986 4,650,360 946,094 225,000 475,600

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, in cluding the State "buy-in" for Law Enforcement As sistance Agency grants to local governmental units.

Section 14. Office of Comptroller General.
Budget Unit: Office of Comptroller General............?
1. Internal Administration Budget:
Personal Services .__.._..._................_..........................._.$ Regular Operating Expenses ...,,..........................._...$ Travel .........................._......_.._..........._..._..........._...........? Motor Vehicle Equipment Purchases ....,,..............$ Publications and Printing --_.....-..-_...._.....,,.._........_..$ Equipment Purchases .............__........._....._........._....._.$ Per Diem and Fees ....................................................I Computer Charges -._._.--._.__-___.__..___._...___.___._____._..____? Other Contractual Expense _...,,...._.,,......_..........._...? Total Funds Budgeted __.._..._..._..........._..........._..._.....$ State Funds Budgeted __.......-............................._._.....? Total Positions Budgeted

3,395,074
322,000 60,355 13,800
--0-- 5,200 300 9,200
--0-- --0-- 410,855 410,855
21

2. Insurance Regulation Budget:
Personal Services _...._-..._.......................-......_.......--...$ Regular Operating Expenses ......................_........._.? Travel _..,,,,.......,,.$ Motor Vehicle Equipment Purchases --._.----__---.$ Publications and Printing ...._...._......_..............._.......? Equipment Purchases ._._____..____.._______.__..___.,,____.._______.$ Per Diem and Fees ............._...............,,.............__......$ Computer Charges __..__.._._._..............__._._.,,_....._........._.$ Other Contractual Expense -......,,....._.--.............,,....$

524,000 23,500
7,000 --0--
28,000 700
8,200 26,500 --0--

TUESDAY, MARCH 25, 1975

Capital Outlay ....^....-.....-................-.................-......$ Total Funds Budgeted ... ....... $ State Funds Budgeted ........ ........................................^ Total Positions Budgeted

3. Industrial Loans Regulation Budget:

Personal Services ....................-................................_..$

Regular Operating Expenses ............................._......$

Travel

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

Motor Vehicle Equipment Purchases ..-- .._._........ $

Publications and Printing .................-...-...,,.......---._..$

Equipment Purchases .... -....__._..._....--___.---__._--._..--.$

Per Diem and Fees ............_ ..........................-_......$

Computer Charges _.......--....... ...............--.......-_..--.$

Other Contractual Expense ....................................^

Total Funds Budgeted ........... ...._................._..._.........$

State Funds Budgeted ...._._....................................... $

Total Positions Budgeted

4. Information and Enforcement Budget:
Personal Services ........................... ........................_$ Regular Operating Expenses ................................--.$ Travel ............................................................................^ Motor Vehicle Equipment Purchases ............ --..,,..$ Publications and Printing .... ...................................^ Equipment Purchases ................................................^ Per Diem and Fees ................_..___.___..__.__.._._._...___.....$ Computer Charges .....--........-.-.......-.....--.............-- $ Other Contractual Expenses ....... ........................,,..$ Total Funds Budgeted ......... .................................^ State Funds Budgeted .............. ............. ........... .. $ Total Positions Budgeted

3995
6,000 623,900 623,900
40
217,000 22,636 15,000 50,400
1,600 --0-- --0-- --0-- --0-- 306,636 306,636
16
371,000 31,600 14,500 12,600
5,000 700
5,000 --0-- --0-- 440,400 440,400
32

5. Fire Safety and Mobile Home Regulation Budget:
Personal Services .... ................................................. ^ Regular Operating Expenses ......... .................._.......$ Travel ....................... ..................$ Motor Vehicle Equipment Purchases ....................^ Publications and Printing ........ _.____..__.._......._._.....$ Equipment Purchases .. ...........................................-$ Per Diem and Fees ..................................................$ Computer Charges ..................-......--.....--....--.--.----$ Other Contractual Expense .................................. ...$ Total Funds Budgeted ..............................................I State Funds Budgeted .... .... ..................... ........$ Total Positions Budgeted

1,215,000 74,433 150,200 151,200 20,000 1,950 500
--0-- --0-- 1,613,283 1,613,283
113

Budget Unit Object Classes:
Personal Services ........................................................$ Regular Operating Expenses .........-..........................$

2,649,000 212,524

3996

JOURNAL OF THE HOUSE,

Travel ,,.......................,..$

Motor Vehicle Equipment Purchases _._.__._.___._______.$

Publications and Printing ..........................................$

Equipment Purchases ._--._____...._._ ..___._..____._-.._____,,____.$

Per Diem and Fees ...................._..............._.. ..._._._..__ .$

Computer Charges

..........$

Other Contractual Expense ___.,,_-______..______..._____.____.$

Capital Outlay ......__._....__.__..__..._.__...______......_........_..__.$

200,500 214,200
59,800 3,650 22,900 26,500 --0-- 6,000

Section 15. Department of Defense.
Budget Unit: Department of Defense ___.___.__..________...___.$
1. Administration and Support of State Militia Budget:
Personal Services __.--........_.._--........-..__--.____..-__.___._. $ Regular Operating Expenses ....................................if Travel .._____.-...__...._____-.._.__-.._.__.-..___...._____...._.__...._.__...__.$ Motor Vehicle Equipment Purchases --.__.-.__.__.--_.$ Publications and Printing _______.._____._.______._____..__._.____.$ Equipment Purchases __...__.__..___.__.____._._.___.___.___________.$ Per Diem and Fees ...............$ Computer Charges .----.._--._._-.-____......____--...__---.___---.$ Other Contractual Expense ....................................$ National Guard Units Grants .._..-..___.___..._.__.._____..._.$ Georgia Military Institute Grant __...______.___.__.._______.$ Civil Air Patrol Contract .._._._.___._..._____...___.__.____._..__.$ Total Funds Budgeted .__.___..__._...__.._...____.______._._____..__.$ State Funds Budgeted __..___...__.______._...._...___._._.___..__.___.$ Total Positions Budgeted

1,647,404
553,415 85,300
5,500 --0--
32,000 5,000 8,500 --0-- --0-- 200,000 16,000 50,000 955,715 955,715
36

2. Civil Defense Budget:
Personal Services ........................................................$ Regular Operating Expenses ....................................^ Travel ........._........_............._..._..._....._.__..._......_._....._..._...$ Motor Vehicle Equipment Purchases -....._._........_..$ Publications and Printing ..._..............,,..........._...... $ Equipment Purchases ................................................$ Per Diem and Fees ....................-.-.....-...................--.I Computer Charges ......................................................$ Other Contractual Expense ....... ..............................$ Total Funds Budgeted ._..............................................$ State Funds Budgeted ........... .......... ............ ......$ Total Positions Budgeted

501,724
70,935 21,000 --0-- 6,500
4,000 --0--
--0-- --0-- 604,159 307,071
35

3. Community Shelter Planning Budget:
Personal Services ._......_......._....._._.........................__....$ Regular Operating Expenses .-..____.-...___..--.__...........$ Travel ................_....................._.....-................_....-......._.$ Motor Vehicle Equipment Purchases ._.........--.....-- $ Publications and Printing ................_.......................$ Equipment Purchases ...................._................_. .....$

97,247 3,500 12,500 --0-- --0-- --0--

TUESDAY, MARCH 25, 1975

Per Diem and Fees ..____.._._ ................ . .. $ Computer Charges ___.___,,--___.._.-____--._...--_........ $ Other Contractual Expense ___._...__..__..--._____..__.__--_..$ Total Funds Budgeted ___..._.___.___._...____..-.....-..._-_--_-.$ State Funds Budgeted ...,,._._.-...--.._.-...--...--_--.$ Total Positions Budgeted

4. Armory Maintenance and Repair Budget:

Personal Services ___.___..-___.--__.-......-....-_--.--...._-$

Regular Operating Expenses .._......_. .-.___...-___.....___.$

Travel ... .... .....$

Motor Vehicle Equipment Purchases ._.................$

Publications and Printing ............. ......-.....--......--....$

Equipment Purchases ........................--...................if

Per Diem and Fees ...... .__...__._._.___.._..___..______.-.._.--.___.$

Computer Charges

-- ... ...-- -- $

Other Contractual Expense _______._______.,,_.___._____.--___..$

Total Funds Budgeted ..............................................^

State Funds Budgeted .................... ...... ................... $

Total Positions Budgeted

3997
--0-- --0-- --0-- 113,247 -- 0--
7
59,000 108,006
3,000 --0-- --0--
5,000 --0-- --0-- --0-- 175,006 175,006
5

5. Service Contracts Budget:

Personal Services

.. $

Regular Operating Exp'enses ................_..._....._....._...$

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

Motor Vehicle Equipment Purchases __..--.._.. T--- $

Publications and Printing ............_..._._._............_....._.$

Equipment Purchases ..._..............._...........-._....--......$

Per Diem and Fees ........................_...........................if

Computer Charges ______._...__..-._.__..._..___,,_____.-__--_--_._--$

Other Contractual Expense ._..............,...... .._...........$

Total Funds Budgeted ... ...................................._......$

State Funds Budgeted ........................._......_..........._...$

Total Positions Budgeted

1,109,844 150,700 1,000 --0-- --0-- 500 --0-- --0-- --0--
1,262,044 209,612
112

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 .... --_....--....--.....--.....--...._.-....--.$ Other Contractual Expense .................................. ..^ National Guard Units Grants .................... ...........$ Georgia Military Institute Grant ...........................$ Civil Air Patrol Contract ....................._....................$

2,321,230 418,441 43,000 ^0-- 38,500 14,500 8,500 --0-- --0-- 200,000 16,000 50,000

Provided, however, that of the above appropriation, $50,000 is designated and committed for the Civil Air Patrol for the purposes of training and preparation for

3998

JOURNAL OF THE HOUSE,

assistance to the Department of Defense in the accom plishment of its Civil Defense functions.

Section 16. State Board of Education-- Department of Education.
A. Budget Unit: Department of Education _._____._...__...__.$ 660,326,083

1. General Education Budget:

Personal Services _...._.__....____....__._....__...-._.__-...__-...$

Regular Operating Expenses _..._.................. __.._...___.$

Travel ...................,,$

Motor Vehicle Equipment Purchases ........_.............$

Publications and Printing _......................._........_....... $

Equipment Purchases .-..-....--.-.....--....---..._.-.-.....--...$

Per Diem and Fees

.......$

Computer Charges ......................_.....-........._...-...........$

Other Contractual Expense .....$

807,641 69,036 39,662 --0-- 65,304 9,400 28,233 --0-- 171,800

APEG Grants:

Salaries of Instructional Personnel

(Sec. 10(a)(l) and

10(a) (2)) ..........

$ 296,221,357

Salaries of Student Supportive

Personnel (Sec. 20(a)) ._......................__........_...$ 13,793,811

Salaries of Administrative and Supervisory

Personnel (Sec. 21 (a)) .....................................$ 36,544,271

Instructional Equipment (Sec. 14) ...._._..._.. ...._...$ 831,820

Maintenance and Operation (Sec. 15) __......_.......$ 46,808,979

Sick and Personal Leave (Sec. 16) .._..............._.. $ 2,506,406

Travel (Sec. 17)

..........$ 509,115

Isolated Schools ...._.............._......._......_.._...._._......_..$

67,000

Mid-Term Adjustment .........._................_................ $ 2,000,000

Non-APEG Grants:

Teacher Retirement

.......$ 30,521,030

Driver Education _............_......._......._........_............ $ 375,000

Cooperative Educational Service Agencies ....._ $ 2,502,000

Superintendents' Salaries ._..__..__.._...,,.._........._.......$ 2,942,055

Compensatory Education ................._....................$ 10,246,750

Education of Children of Low-Income

Families (Migratory) ...._...................................$ 431,000

Total Funds Budgeted ............_...........__.._............_..$ 447,491,670

State Funds Budgeted ___._._.___..__._..____._...___._...___.__..$ 446,459,484

Total Positions Budgeted

43

2. Pre-School Education:
Personal Services _....-..........................._..._............_......$ Regular Operating Expenses -....._..._.,,..._._.._...._..._..$ Travel ....._......__........_..._._,,................._......._....._._...._......? Motor Vehicle Equipment Purchases ..---.....--...--.$

111,597 11,718 11,600 --0--

TUESDAY, MARCH 25, 1975

3999

Publications and Printing __......______..--______....___._.-._-.$ Equipment Purchases ................................................^ Per Diem and Pees .........$ Computer Charges ..............................................--.....$ Other Contractual Expense .............................._.......$

4,820 500 GOO
--0-- --0--

APEG Grant: Selective Pre-School Development ......................$ 15,047,580

Non-APEG Grant:

Education of Children of Low-

Income Families

........... ^

Total Funds Budgeted .......$

State Funds Budgeted ................................................$

Total Positions Budgeted

13,950 15,202,365 15,187,232
7

3. Regular Vocational Education Budget:
Personal Services ._......_........._......_......-_............_..._-...$ Regular Operating Expenses ..................................$ Travel .... ,,..,,.......$ Motor Vehicle Equipment Purchases ___.___.___..____._._ $ Publications and Printing _........._.........__...._._.......,...$ Equipment Purchases .._..,,_-__.__- _.___.-$ Per Diem and Fees ........_...............__......_..........._..._._.$ Computer Charges ______.--_................--_.....----.------. $ Other Contractual Expense .....................................^

1,899,568 116,123 130,444 --0-- 22,710 11,351 6,700 --0-- 1,309

Grants:

High School Program __..._..._........_._....._..._....._......$

Teacher Retirement ...,,--,,-$

Teacher Training and Research ..........................$

Adult Education ........._...................__......._-..-_..._.....$

Area Vocational Technical Schools ........_......_....$

Area Vocational Technical Schools--

Construction

........... ^

Comprehensive Employment and Training ....... $

Total Funds Budgeted ................................................$

State Funds Budgeted ..................._............_............. $

Total Positions Budgeted

13,876,243 1,716,468
891,568 2,687,671 29,142,945
4,383,472 4,659,049 59,545,621 40,371,782
124

4. Special Education Budget:

Personal Services

.

.

.

$

Regular Operating Expenses .._..__.__..___._,,...____..--____.$

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

Motor Vehicle Equipment Purchases ........_._...........$

Publications and Printing ........................................$

Equipment Purchases _._......._......._......_.._......._...........$

Per Diem and Fees .............$

Computer Charges ..................... .....J. ....-..$

Other Contractual Expense _..._......._........._.._............$

387,359 40,481 39,000
--0-- 5,835 3,500 6,132
--0-- --0--

4000

JOURNAL OP THE HOUSE,

APEG Grants:
Salaries of Instructional Personnel (Sec. 5)...._.$ Maintenance and Operations (Sec. 15) __,,._._____.__$ Sick and Personal Leave (Sec. 16) ........_........._...$ Travel-Special (Sec. 17) ........$ Special Education Leadership Personnel
(Sec. 21(c)(2)) -_-__-......_......_._.-...__.._............._.....$ Pupil Transportation (Sec. 25) ........................$

37,027,755 6,073,761 326,226 73,130
298,965 2,168,094

Non-APEG Grants:
Instructional Services for the Handicapped--...$ Preparation of Professional Personnel
in Education of Handicapped Children _----__.$ Educational Training Services for the
Mentally Retarded ............$ Tuition for the Multi-handicapped .______._.._..___--..$ Severely Emotionally Disturbed _____----___.__--_____.$ Teacher Retirement ............_...$ Total Funds Budgeted ................................................$ State Funds Budgeted ......_.__...............$ Total Positions Budgeted

1,039,434
106,454
300,000 522,000 5,352,773 5,253,000 57,023,899 57,661,686
25

5. Compensatory Education Budget:
Personal Services .........................^ Regular Operating Expenses -_____.._-______--,,_.__--_____._$ Travel .........._......_......._.$ Motor Vehicle Equipment Purchases __--_.....,,.--.....$ Publications and Printing ___________..________--____,,_._______.$ Equipment Purchases ----___--____._----__----__--._--$ Per Diem and Fees --..._.--..._.--....--.....,,.---.....--..,,...$ Computer Charges ......................... ...^ Other Contractual Expense _.......--.--....--....----..._.$ Education of Children of Low-Income
Families ........................$ Total Funds Budgeted ,,........$ State Funds Budgeted .............................................^ Total Positions Budgeted

314,811 28,464 16,200 --0--
750 306 --0-- --0-- --0--
41,504,590 41,865,121
45,240 23

6. Instructional Materials Budget:
Personal Services .______..______,,______.___.___.___.,,_____._._______._.$ Regular Operating Expenses ....._........_..-........-...._..,$ Travel ........_........._............-..._....-..._..-...._.....__..._..........? Motor Vehicle Equipment Purchases ....--._....--.._...$ Publications and Printing ..........................................$ Equipment Purchases ......-...-........-...$ Per Diem and Fees ,,.._..._................._........._........-_-..$ Computer Charges _._.._......_......___._..._.._...-_............_..$ Other Contractual Expense ......................................^

113,623 21,337
6,384 --0--
25,998 23,656 10,000 --0-- --0--

APEG Grant: Instructional Materials and Media (Sec. 13). f 11,331,664

TUESDAY, MARCH 25, 1975

4001

Non-APEG Grants:
School Library Resources and Other Materials ...._._..._.----..--.......................,,..$
Strengthening Instruction in Critical Subjects_.$ Total Funds Budgeted .__,,_.$ State Funds Budgeted __..._..__...._......_..,,............,,.....,,.$ Total Positions Budgeted

1,815,832 802,676
14,151,170 11,393,627
10

7. Educational Media Budget:

Personal Services

,,.._...$

Regular Operating Expenses .........................,,._._..._.$

Travel

._.........,,_._._....,,_...$

Motor Vehicle Equipment Purchases .,,...............--.$

Publications and Printing ....._......_..._..._........_......_._.$

Equipment Purchases ............................_......._..........$

Per Diem and Fees ............--_-......_..._._....._..,,_...._._.$

Computer Charges ---,.__-....$

Other Contractual Expense ........-_..,,.................,,__.$

Authority Lease Rentals

,, .,, $

2,248,077 1,460,880
71,348 --0-- 143,692
39,344 120,267 --0-- 51,154 333,204

Grants:
Summer Library Supervisory Program ......_...,,$ Educational Television _........._.__..._.............,,.__......$ Total Funds Budgeted - .... -__.,,,,,,.,, --,,,,.$ State Funds Budgeted ......._..._.._........$ Total Positions Budgeted

62,830 56,186 4,586,982 4,348,982
193

8. Student Services Budget:
Personal Services .__...................,,........__....._._.............$ Regular Operating Expenses _..._._...-._-..-..........._._.,,-$ Travel ...........................I................................................! Motor Vehicle Equipment Purchases ....--..,,._--.--.$ Publications and Printing ________.__.-________,,._____,,_,,__,,,,..$ Equipment Purchases ....--.--.,,..,,.._.._._.-_...,,._.,,--.--.$ Per Diem and Fees ....._..__..__-.--............-..._______..-$ Computer Charges -__,,.__--.,,_,,--___--__________,,______,,--.--_$ Other Contractual Expense ......................................I

241,387 24,982 19,800 --0--
3,000 --0--
1,319 --0--
9,790

Grants:
Psychological Services ........_,,....,,..___._...__.____.--.....$ Guidance, Counselling and Testing __...............___..$ Total Funds Budgeted __..........__...............,,.,,...._.,,,,....$ State Funds Budgeted ._..,,.._-.._._-_.._....-.-..............._.$ Total Positions Budgeted

48,000 200,000 548,278 509,696
15

9. Ancillary Services Budget:
Personal Services ......................................................I Regular Operating Expenses .........._....._...____.__.....__.$ Travel .............__....._._.............___._._.__..__.___.....................$ Motor Vehicle Equipment Purchases _..__..__..____......$

724,804 69,277 63,500 --0--

4002

JOURNAL OF THE HOUSE,
Publications and Printing ...._.__.._____....._.__._____............$ Equipment Purchases .-.....--..,,-.-...----_.--.----------.$ Per Diem and Fees ...........,,,,............-_....-........-.--_.$ Computer Charges ------------.-- --.-- ---------------$ Other Contractual Expense ___________,,.___________-........... $

14,395 2,950 8,200
--0-- --0--

APEG Grant: Pupil Transportation (Sec. 25)-----_-----$ 29,431,585

Non-APEG Grant:

School Lunch ....._.........--.$ 80,224,318

Grants to School Systems for Capital

Outlay Purposes ......__.._.................__..-....._.--_-_.$ 1,831,022

Grants to School Systems for Authority Lease

Rentals Payments to Georgia Education

Authority (Schools) ......... ..,.,,---.-..--.$ 26,789,757

State of Georgia General Obligation Debt

Sinking Fund ....__.._..-...._._...--..----.-..$ 4,576,000

Grants Direct to School Systems for

Capital Outlay Purposes ...._....__._.-._-__-.....--__-_-.$ 624,243

Total Funds Budgeted _______....___...____....._____._.._,,._-.....$ 144,360,051

State Funds Budgeted ...... ...-..-$ 74,367,941

Total Positions Budgeted

48

10. Statewide Leadership Budget:
Personal Services ....... .....,,- -....,,-.-. ..,,....$ Regular Operating Expenses ............--,,.......--------$ Travel ......................__..__..................._............__............_. $ Motor Vehicle Equipment Purchases ........--....._.....$ Publications and Printing .._.._..........-..-_.,,......--..-..._.$ Equipment Purchases ......... .....-_..,,..__.__..,,........$ Per Diem and Fees _...__......................._............._._..__..$ Computer Charges .-......__........._-.._.................--......_..$ Other Contractual Expense .........,,........_.._...............$ Total Funds Budgeted ......... ._..,,,,,,...._..,,._$ State Funds Budgeted __,,.........__....._.......$ Total Positions Budgeted

635,255 42,243 55,844 --0--
5,300 3,750 6,000 --0-- 5,000 753,392 705,629
37

11. Financial Services Budget:
Personal Services ...._.......................__.__....._..........._._.$ Regular Operating Expenses .....,,,,......._,,._......$ Travel ...._........_._............_........................_.._............_.._..$ Motor Vehicle Equipment Purchases ........-_...........$ Publications and Printing .....--..-.......-.--.,,......._.-__..___$ Equipment Purchases .-..-...-.-...-.....-_---..-.-..____..-...._.$ Per Diem and Fees --....-....------................_.............$ Computer Charges ------...-----_.._..----__...------_._..$ Other Contractual Expense .-..--..--..-..-...-...--...--.....$ Total Funds Budgeted .............._._..._.....__.._.........,,......$ State Funds Budgeted ................................................I Total Positions Budgeted

246,022 24,204 19,916 --0-- 15,075
2,374 --0^ --0-- --0-- 307,591 224,926
17

TUESDAY, MARCH 25, 1975

4003

12. Program and Staff Development Budget:
Personal Services ............................................... ^ Regular Operating Expenses ..................................$ Travel ..................................... .....^4 Motor Vehicle Equipment Purchases ..................^ Publications and Printing .........................................I Equipment Purchases .............................................^ Per Diem and Fees ..._.._-.......-,,,,.-.....-__-_--...,,,,--.$ Computer Charges ............................................^ Other Contractual Expense ........-.........._,,......_...___-$

763,857 48,187 31,087 --0-- 20,335
4,872 15,208 --0-- 904,723

Grants:
Supervising Teachers ............................... ..........^ Supplementary Education Centers and
Services ....................................... ^ Staff Development ................................... ...^ Total Funds Budgeted ._..,,__._._......._,,._.,,_......._._._._.$ State Funds Budgeted ..........................^ Total Positions Budgeted

145,000
2,504,951 490,000
4,928,220 2,148,462
58

13. Public Library Services Budget:
Personal Services ......................................... ^ Regular Operating Expenses ...........,,._.........,.,,........$ Travel ..................................................^ Motor Vehicle Equipment Purchases -- ------------$ Publications and Printing .......................................$ Equipment Purchases ,,_.___.____,,____..______..--__________,,,,$ Per Diem and Fees ..........................................^ Computer Charges ............................................... ....^ Other Contractual Expense ......................................^

619,854 253,789
9,007 --0--
9,671 7,146
600 --0-- --0--

Grants:
Salaries and Travel of Public Librarians _____.__$ Public Library Materials ..............................$ Talking Book Centers .................. .........^ Public Library Maintenance and
Operations ......_..__.__..............-.-.._......__....,,...... $ Teacher Retirement .................................. ^ Public Library Construction ........__--__--.._......,,_$ Total Funds Budgeted ................................... ^ State Funds Budgeted .................................... ^ Total Positions Budgeted

2,458,976 1,813,998
160,000
848,922 205,372 848,921 7,236,256 7,008,125
59

14. Staff Services Budget:
Personal Services ...........................................$ Regular Operating Expenses .----.----.....--..--,,..--.$ Travel _._.___.___. _._..,,.______.__.___________,,._._,,_____.._____,,_________.$ Motor Vehicle Equipment Purchases .----.--.--.--.$ Publications and Printing ...............................$ Equipment Purchases ........................ .................^ Per Diem and Fees .................. .....................^

1,597,600 155,748 35,870 --0-- 82,016 16,514 1,107

4004

JOURNAL OF THE HOUSE,

Computer Charges ................................... ^

Other Contractual Expense ....-.......__..--..._.--_.___._,,.$

Total Funds Budgeted __..-.-_.-

$

Indirect Computer Funding .................$

Agency Funds .......................................$

State Funds Budgeted I...............................................!

Total Positions Budgeted

15. State Board and State Superintendent Budget:

Personal Services _-.-.- ....... ...-- .. :...-$

Regular Operating Expenses ........._.--_..__....-_..__.._...$

Travel __......_._.__.__.._..._-_..._..._._--_,,...-.._-_-..----_...$

Motor Vehicle Equipment Purchases ...................^

Publications and Printing ..................^

Equipment Purchases ................................^

Per Diem and Fees .............. ......--....$

Computer Charges ..................................^

Other Contractual Expense .--.... ..-...$

Total Funds Budgeted ...................... ^

State Funds Budgeted ..................

...^

Total Positions Budgeted

16. Surplus Property Budget:
Personal Services .....................................$ Regular Operating Expenses ................... ...^ Travel -------------------.$ Motor Vehicle Equipment Purchases .__.._,,----_____.$ Publications and Printing ..................$ Equipment Purchases .......................$ Per Diem and Fees ....,,.._._._.,,--._..._._.....--._....... .,,_.....$ Computer Charges .................................. .--......^ Other Contractual Expense -__._........_..._.....-.....--___$ Total Funds Budgeted ...................................$ State Funds Budgeted ............................ ..^ Total Positions Budgeted

720,190 21,153 2,630,198 500,000 541,098 1,589,100
121
160,295 35,887 11,000 --0-- 13,500
1,500 53,500 -- 0-- 22,235 297,917 203,872
9
410,602 152,531 16,000 --0--
2,500 12,000 --0-- --0-- --0-- 593,633 --0--
40

17. U.S.D.A. Food Distribution Budget:
Personal Services ..................................$ Regular Operating Expenses ..........................$ Travel -_.........-.-.......___..._.._,,___.........-_........-_.-_......$ Motor Vehicle Equipment Purchases --_____,,_._,,__.__,,$ Publications and Printing __,,_______._____.,,_______.___,,_______.$ Equipment Purchases --._...------...-----_..,,_----...,,..$ Per Diem and Fees ............................ .J$ Computer Charges .........................................^ Other Contractual Expense ---...--.--.--...----___--$ Total Funds Budgeted ...............................$ State Funds Budgeted ......................................^ Total Positions Budgeted

160,751 9,392 18,500
--0-- 750
--0-- --0-- --0-- --0-- 189,393 100,299
14

Budget Unit Object Classes: Personal Services ........................................$ 11,443,103

TUESDAY, MARCH 25, 1975

4005

Regular Operating Expenses .-..._--__._______.___.________..__.$ Travel ...................._._-........-_-__...-...__..____.._.___........__.$ Motor Vehicle Equipment Purchases ...................$ Publications and Printing ....................................^ Equipment Purchases --------------____._.___.___________.___.$ Per Diem and Fees ............................ ...^ Computer Charges .......................................^ Other Contractual Expense....-__.____..__.____.__._._____._____.$

2,564,279 595,162 --0-- 435,651 139,163 257,866 720,190
1,187,164

APEG Grants:

Salaries of Instructional

Personnel (Sec. 10(a) (1)

and 10(a) (2)) ... ..............$ 296,221,357

Salaries of Instructional

Personnel (Sec. 5)----.----_-__-._-_-__.._-_....._.$ 37,027,755

Salaries of Student Supportive

Personnel (Sec. 20(a)) ........................$ 13,793,811

Salaries of Administrative and

Supervisory Personnel

(Sec. 21 (a)) ..........................$ 36,544,271

Special Education Leadership

Personnel (Sec. 21(c) (2)) .....................$ 298,965

Instructional Materials and

Media (Sec. 13) ...

.--------.$ 11,331,664

Instructional Equipment (Sec. 14) ..._...............$ 831,820

Maintenance and Operation (Sec. 15) _..._._._._.__.$ 52,882,740

Sick and Personal Leave (Sec. 16) ____._____...........$ 2,832,632

Travel (Sec. 17)

-__...__..__.._._._____$ 509,115

Travel--Special (Sec. 17) ...... .....4

73,130

Pupil Transportation (Sec. 25) .._..._______.____._____.$ 31,599,679

Isolated Schools ...............................$

67,000

Selective Pre-School Development ......................I 15,047,580

Mid-Term Adjustment .........._..._.__.._._.._. ............_.$ 2,000,000

Non-APEG Grants:

Teacher Retirement ................................................I Driver Education ...... ._...._..._.$

Cooperative Educational Service Agencies ......_.__..__..._.._..._.......................$

Superintendent's Salaries

........$

Compensatory Education ................................^ Education of Children from

Low-Income Families .... . ...__._._...........$ High School Program ........................................ ^

Teacher Training and Research .._.___.._........__..$

Adult Education

..............................$

Area Vocational-Technical Schools ....................^

Area Vocational-Technical Schools-Construction

.........................$

Comprehensive Employment and Training .....................................$

Instructional Services for the Handicapped _._..._.._..__.....................^_.._........._.._.$

35,695,870 375,000
2,502,000 2,942,055 10,246,750
41,949,540 13,876,243
891,568 2,687,671 29,142,945
4,383,472
4,659,049
1,039,434

4006

JOURNAL OF THE HOUSE,

Preparation of Professional Personnel in Education of Handicapped Children ___._----._._._--_..,--...__.--.?
Educational Training Services for the Mentally Retarded .............. $
Tuition for the Multi-Handicapped... -............ $ Severely Emotionally Disturbed --....--.._--...? Strengthening Instruction in
Critical Subjects ........ .................___._-.? School Library Resources and
Other Materials ....................... $ Summer Library Supervisory
Program ...._.........___...........................$ Educational Television .............................$ Psychological Services ...... --.,,-..$ Guidance, Counselling and Testing .__._--_.__.,-.? School Lunch ........... ...............................$ Supervising Teachers ......_.......................$ Supplementary Education
Centers and Services .......................$ Staff Development ........................$ Salaries and Travel of Public Librarians....-......? Public Library Materials .--...--.-..............._--..$ Talking Book Centers .............................$ Public Library Maintenance
and Operations ................... ..............$ Public Library Construction ......... ......-$ Grants to School Systems for Capital Outlay Purposes ..............._.._..? Authority Lease Rentals --._.._--........--..__--........_.? State of Georgia General Obligation Debt Sinking Fund ..,,.-....,,._...-............ ......$ Grants to School Systems for A. L. R. Payments to Georgia Educational Authority (Schools) ................... .........$ Direct Grants to School Systems for Capital Outlay Purposes .._--......--..._._.._......?

106,454
300,000 522,000 5,352,773
802,676
1,815,832
62,830 56,186 48,000 200,000 80,224,318 145,000
2,504,951 490,000
2,458,976 1,813,998
160,000
848,922 848,921
1,831,022 333,204
4,576,000
26,789,757
624,243

B. Budget Unit: Institutions ....... _...._........__.....$ 13,533,663

1. North Georgia Vocational-Technical School Budget:
Personal Services ..--.........._.....,,--................--.......? Regular Operating Expenses ......_.__._-.__..__-...........? Travel ..... .............. ...... ... $ Motor Vehicle Equipment Purchases --.------...--? Publications and Printing .......--._--_.--.....----._-.? Equipment Purchases ..__.._._.._........__......$ Per Diem and Fees --.--..,,--___----......... ............$ Computer Charges ----...--.--.--..----------.--.? Other Contractual Expense .....-......--......--......._-.$ Authority Lease Rentals ._.......--........--....--.....?

1,192,376 379,328 14,175 25,000 4,275 113,969 --0-- --0-- --0-- 54,750

TUESDAY, MARCH 25, 1975

4007

Total Funds Budgeted _.._......._......._,,__......_._.............$ State Funds Budgeted .................... ....^.....^ Total Positions Budgeted

1,783,873 1,326,883
95

2. South Georgia Vocational-Technical School Budget:
Personal Services ......................................................^ Regular Operating Expenses .......................^ Travel _......_...,,_........_....._.-$ Motor Vehicle Equipment Purchases --.....--....._--$ Publications and Printing ....................... ....^ Equipment Purchases ___.____-._._____._._,,_..__.___--.--._____--$ Per Diem and Fees .--_______.__.._-..-..__.-...--_.--.--.--_...$ Computer Charges ........................................$ Other Contractual Expense .,,......__._......_._......,,...._..$ Capital Outlay ._._._........_._._..,,,,$ Authority Lease Rentals .................... ^ Total Funds Budgeted _.,,..,, -.--,,.-$ State Funds Budgeted ................. ...^ Total Positions Budgeted

1,027,269 274,720 12,000 14,000 3,300 110,000 --0-- --0-- --0-- 104,000 49,315
1,594,604 1,204,160
82

3. Georgia Academy for the Blind Budget:

Personal Services .......................................$

Regular Operating Expenses ... ....._.--...___......__._- $

Travel .....-.._......._._.....-__....._.-,__...-.__,,.....-...-.__......-... $

Motor Vehicle Equipment Purchases ...._...._.-_....-..$

Publications and Printing .............. .^

Equipment Purchases ..._...,,....,,- $

Per Diem and Fees ............................. ...^

Computer Charges __. .....................................^

Other Contractual Expense ....................................^

Capital Outlay

...... ...... ....,,.$

Total Funds Budgeted ...................... ....^....^

State Funds Budgeted ___.___._..._._.-________.-______.__-.,,_..__ $

Total Positions Budgeted

1,318,338 237,835 6,500 --0-- 4,390 92,038 6,600 --0--- 18,222
1,641,193 3,325,116 3,081,727
161

4. Georgia School for the Deaf Budget:
Personal Services _._......__.._......................._......-....._._.$ Regular Operating Expenses ............... ..^ Travel ..-_..__...._........._.._...__..........__...__...._.,,-..._.._..-$ Motor Vehicle Equipment Purchases ._.._._.,,..,,.---$ Publications and Printing ...................... ^ Equipment Purchases ................................. ....^ Per Diem and Fees .......................$ Computer Charges .....__....._..._...--__,,.....,,_--..__.._._.....$ Other Contractual Expense --...-.----..----------.-$ Capital Outlay ...............................$ Authority Lease Rentals .......... .-....------$ Total Funds Budgeted ................ ....-^ State Funds Budgeted .............................. ^
Total Positions Budgeted

2,461,450 547,721 4,400 8,000 --0-- 24,000 1,500
--0--
--0-- 3,240,860
23,400
6,311,331
6,005,834
289

4008

JOURNAL OF THE HOUSE,

5. Atlanta Area School for the Deaf Budget:
Personal Services ...._....__..............._....._..$ Regular Operating Expenses --_--.___--..._-.________.____.$ Travel .................._._.....__._..............$ Motor Vehicle Equipment Purchases -__.__._.__.,,..__..$ Publications and Printing ........__..___.__-..___.._..__..__.__..$ Equipment Purchases ................$ Per Diem and Fees ...... ...................$ Computer Charges __..-____,,.___._...___.,,..___,,._._...-..__.__.__.-$ Other Contractual Expense ....................,,...._.__......$ Capital Outlay .................... .......$ Total Funds Budgeted ... .... .... ...-..$ State Funds Budgeted ..................$ Total Positions Budgeted

861,714 188,557
5,640 --0--
1,000 81,102 2,000 --0-- 86,000 -- 0-- 1,226,013 1,187,577
85

6. Alto Education and Evaluation Center Budget:
Personal Services .........._.............._..............................$ Regular Operating Expenses .................-..-....._...... $ Travel .....................................$ Motor Vehicle Equipment Purchases ....._.--...---- $ Publications and Printing _-_.__.--.__..-___---____..--__,,...__.$ Equipment Purchases .........................$ Per Diem and Fees ... ......... ...........................I Computer Charges ................ .._..........._......$ Other Contractual Expense........................--.....--.....$ Total Funds Budgeted ____......_......_....._......__....._.,,.... $ State Funds Budgeted ................_....$ Total Positions Budgeted

774,248 67,572 8,000 --0--
1,560 31,700 --0-- --0-- --0-- 883,080 727,482
58

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 ............. ...............................I Other Contractual Expense .............$ Capital Outlay .......--- ... ...... ..._...$ Authority Lease Rentals .__..............._..........._...........$

7,635,395 1,695,733
50,715 47,000 14,525 452,809 10,100 --0-- 104,222 4,986,053 127,465

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

TUESDAY, MARCH 25, 1975

4009

the pro rata part of the cost of employer contributions to the Teachers' Retirement System applicable to such salary.

Provided, that of the above appropriation relative to Compensatory Education, $10,246,750 is designated and committed for a compensatory education program for students in grades 1 through 4. Provided, further, these funds shall be distributed based on a parity formula for remedial purposes only.

Provided, that independent school systems shall be eligible to participate in the "mini-buses" transporta tion program for Special Education Students.

Provided, that the State Board of Education shall make allotments for Sections 5, 10, 20, and 21 teachers on the basis of the index schedule used for fiscal year 1973.

Provided, that of the above appropriation relative to selective pre-school development, funds shall be used to fund a half-day program as follows: First priority for use of funds shall be to serve all five-year-old children who are mentally, physically, or emotionally handi capped. The balance of said funds shall be used for development programs for five-year-old children who are determined to be the most deficient in the develop mental skills necessary to succeed in the first grade. Provided, however, that such need be assessed on the basis of tests specifically developed for use with chil dren of pre-school age, measuring abilities and preception, language, and visual motor coordination. Local systems shall administer such tests to screen the academic readiness as a criterion for admission.

Provided, that the above appropriation relative to selective pre-school development shall be distributed to local systems on the basis of projections derived from the preceding years first grade ADA.
Provided, further, that for said selective pre-school development program, the instructional unit shall be earned on the basis of one teacher and one aide for each 40 students in average daily attendance, and each in structional unit shall be funded on the basis of actual reimbursement for salary, retirement, and school lunch cost, and $10,838 for operational cost to include mainte nance and operation, sick and personal leave, instruc tional media, testing, and transportation.

Provided, that of the amount of funds appropriated to the Department of Education by this Act, the sum

4010

JOURNAL OF THE HOUSE,

of $175,000 shall be used to develop criterion-referenced testing for initial certification of teachers, $250,000 shall be used for grants for competency-based certification development, and $100,000 shall be used for criterionreferenced testing for students.
Provided, that of any State Funds appropriated to local systems for classroom teacher salaries on the basis of Average Daily Attendance in grades 1 through 7, such teachers shall be used in the school where earned and shall be used only for the purpose of funding regular (general education) classroom teachers in grades where earned.
Provided, that of the above appropriation, relative to special education $27,500 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Speech and Hearing School, and $27,500 is designated and committed for pay ment to the Houston County Board of Education for payment to Houston County Happy Hour School.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $1,926,000 is specifically appropriated for the purpose of financing a school construction program throughout the State of Georgia which shall consist of the construction and equipping of school buildings and facilities through the issuance of not to exceed $22,150,000 in principal amount of General Obligation Debt. Also provided, that of the above $22,150,000 for school construction an amount of $5,000,000 is designated and committed for the purpose of construction and equipping comprehensive high schools. The allocation of these funds shall be determined on the basis of a formula to be promulgated by the State Board of Education, based on current increased average daily attendance, surveyed projected growth, consolidation within a system, reno vations, outstanding local effort of school systems, age and conditions 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, $1,831,-
022 is specifically appropriated for Grants to School
Systems for Capital Outlay purposes.

Provided, that of the above appropriation relating to Area Vocational-Technical Schools -- Construction Grants, $25,000 is designated and committed for archi tectural and engineering planning for the Area Vo cational-Technical School authorized in Chatham County.

TUESDAY, MARCH 25, 1975
Provided, that of the above appropriation relative to Grants to School Systems for Capital Outlay pur poses, an amount up to $150,000 is designated and com mitted to the Charlton County Board of Education for Capital Outlay improvements at the St. George School, and further provided that this amount shall be deducted from the Charlton County Capital Outlay entitlement under the Capital Outlay policies of the State Board of Education.
Provided, that in Sections 20 and 21 of the Adequate Program for Education Act, as it relates to earnings of non-teaching certificated personnel which are not fully funded, and this Act causes a division of allocation which had previously been provided from a single Sec tion of the Minimum Foundation Program of Education Act, it shall be permissible for the State Board of Edu cation to use non-teaching certificated personnel inter changeably in the divided sections so as not to cause hardship among the local school systems as it related to non-teaching certificated personnel who are presently employed.
Provided, that of the above appropriation relating to High School Grants, $250,000 is designated and com mitted for new equipment and repairing existing equip ment in food processing centers; provided, further, that the State shall provide no more than 50% of the repair and equipment cost at any center; provided, further, that the maximum amounts of State funds allocated per center shall be $20,000 for new equipment and $3,000 for repairs.
Provided, that of the above appropriation relative to Area Vocational-Technical Schools -- Construction Grants, $600,000 is designated and committed for the Griffin-Spalding Area Vocational Technical School.
Provided, that of the above appropriation relative to Area Vocational-Technical Schools -- Construction Grants, $600,000 is designated and committed for the Ben Hill-Irwin Area Vocational-Technical School.
Provided, that of the above appropriation relative to Area Vocational-Technical Schools -- Construction Grants, $3,158,472 is designated and committed for the Augusta Area Vocational-Technical School.
Section 17. Employees' Retirement System.
Budget Unit: Employees' Retirement System ,,.____,____$

4011 --0--

4012

JOURNAL OF THE HOUSE,

1. Employees Retirement System Budget:

Personal Services ...,,......_........-_...$

Regular Operating Expenses .................$

Travel ................................. ....^

Motor Vehicle Equipment Purchases .....................^

Publications and Printing ._.._..._...___.__.____.___.__..___._,,.$

Equipment Purchases _,,_.___.,,--.._._.___.__.._--.._.._.......--$

Per Diem and Fees ...............-..._..__.......-_---...._-.$

Computer Charges

.............^

Other Contractual Expense .....................^

Total Funds Budgeted _.___...._.._..._...__..____.___.._.______..__..$

State Funds Budgeted ...... ...........$

Total Positions Budgeted

536,877 37,763
5,000 --0--
12,000 3,500 65,000 125,000 53,000 838,140 --0--
43

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 _............_.._._...................-_..._._...... $ Other Contractual Expense ....................................^

536,877 37,763 5,000 --0-- 12,000 3,500 65,000 125,000 53,000

Section 18. Forestry Commission. Budget Unit: Forestry Commission

................$ 9,666,314

1. Reforestation Budget:

Personal Services ..............................$

Regular Operating Expenses ............ ..^

Travel ......-.....- ..... .-....._.,,--..$

Motor Vehicle Equipment Purchases _,,--..-..........$

Publications and Printing ..................... .......^

Equipment Purchases ...................$

Per Diem and Fees ..--.. ....

.......$

Computer Charges ..............................$

Other Contractual Expense ..................................$

Total Funds Budgeted .................. ..^

State Funds Budgeted ......................... ^

Total Positions Budgeted

402,684 285,909
1,347 29,420
426 24,260 35,000 10,053 --0-- 789,099 285,888
28

2. State Forests Budget:
Personal Services ......................................$ Regular Operating Expenses ......-.._.._........-......__......$ Travel .......................................................$ Motor Vehicle Equipment Purchases ......................^ Publications and Printing ..............................$ Equipment Purchases ...........,,..._..............._........__..._.$ Per Diem and Fees ...........................................$ Computer Charges ..--.--.........---..-..........--.-.............$

69,078 19,949
84 -- 0--
88 850 --0-- --0--

TUESDAY, MARCH 25, 1975

4013

Other Contractual Expense .__._.......,._.....,,._......_._.....$ Ware County Grant .,,_..._.._......__..__....._...........,,_.........$ Total Funds Budgeted .........__................_.,,.........,,......$ State Funds Budgeted _,,..__.__....,,__.__.____..,,._.,,__.___.___.$ Total Positions Budgeted

--0-- 60,000
150,049 --0--
6

3. Field Services Budget:
Personal Services -------.-----$ Regular Operating Expenses _._._______.___.._____________.__..$ Travel ----.-.-------------,.$ Motor Vehicle Equipment Purchases .--_-..,,.,,....,...$ Publications and Printing ..........................................I Equipment Purchases ...._._.....__..........__......................$ Per Diem and Fees ,,,,.___.___.,,,,_,,,,,,._.$ Computer Charges --.___._.--,,,,_.----__._,,--.____,,.--.--.$ Other Contractual Expense ...._............_......___...........$ Total Funds Budgeted -..--..---.-..---$ State Funds Budgeted .__,,.___.,,_.,,__,,,,_..,,$ Total Positions Budgeted

8,355,655 1,459,979
69,184 1,058,300
12,995 265,464
14,660 18,431 --0-- 11,254,668 8,881,453
807

4. General Administration and Support Budget:
Personal Services ..--------- ------------$ Regular Operating Expenses ___----___.___--.--_.----._...$ Travel _.__....._..-..__._-.____.-____.-___$ Motor Vehicle Equipment Purchases --__----,,----$ Publications and Printing .,,.._..-...-...--.._..-_.-.-...----..$ Equipment Purchases ........_......_...........--....,,_--.....$ Per Diem and Fees .....------....._._.............__.....__.$ Computer Charges ---______-.__._-____-.--__,,_-__--_--___-_..--| Other Contractual Expense .......,,_.....,,.___..._--.._.$ Total Funds Budgeted ........._..__....,,...........,,......._._..$ State Funds Budgeted __-.....-_.....__.,,_......_,,-......,,--.....$ Total Positions Budgeted

402,823 70,881 10,012 --(X-- 13,136
3,955 2,500 55,294 --0-- 558,601 498,973'
25

Budget Unit Object Classes:
Personal Services --.------. ----.-.------.^ Regular Operating Expenses ...._-....___-......-.....--.$ Travel ........ ,, ..........,,..,,.......$ Motor Vehicle Equipment Purchases --.....__--...,,_.$ Publications and Printing ........_._........._..._.._.._.._.,,.$ Equipment Purchases ..-..,,--.--.---__.--_..---.--.....--.$ Per Diem and Fees _._-_,,_______.._________.___.,,____.___._.____...._. j Computer Charges ,,-.......-_-._._.....-._._.....--,,....,,_,,_....? Other Contractual Expense ___.________________.______--____.$ Ware County Grant __...-_-_.......,,_,,..._,,._-._,,...._.._.._.,,.$

9,230,240 1,836,718
80,627 1,087,720
26,645 294,529
52,160 83,778 --fr-- 60,000

Provided, that of the above appropriation relating to Personal Services, $55,949 is designated and com mitted to upgrade the Towerman Series.

Section 19. Forest Research Council. Budget Unit: Forest Research Council ___.--__,,,,--_,,_,,$

629,742

4014

JOURNAL OF THE HOUSE,

1. Forest Research Council Budget:
Personal Services ..........._.-............_......__...._......._........$ Regular Operating Expenses _...._...._._....._....._......__.$ Travel ...____..._..__..__...._._.._:___._.____...____.___.__...________._,,._____$ Motor Vehicle Equipment Purchases .....................I Publications and Printing ...............................$ Equipment Purchases ..........................-..............$ Per Diem and Fees ......................................$ Computer Charges ..................................................$ Other Contractual Expense ..............................^ Total Funds Budgeted ................................... 4 State Funds Budgeted ................................ .....^ Total Positions Budgeted

95,600 32,692
4,000
--0-- 25,000
-- 0-- 1,000
--0-- --0-- 158,292 156,862
7

2. Contractual Research Budget:
Contractual Research Expense .......................^ Total Funds Budgeted .._..,,.......,,............_.....__....,,_..._.$ State Funds Budgeted -...._.._..--..........-.............._.._. $ Total Positions Budgeted
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 ---.----.-----._..----..-_----.--.-.__...-..$ Other Contractual Expense ......................................I Contractual Research Expense .................$

472,880 472,880 472,880
0
95,600 32,692
4,000 --0--
25,000 --0--
1,000 --ft-- --0-- 472,880

Section 20. Georgia Bureau of Investigation Budget Unit: Georgia Bureau of Investigation

8,030,211

1. General Administration Budget:
Personal Services .............................................$ Regular Operating Expenses ..,,-....._......_..................$ Travel ......................................................$ Motor Vehicle Equipment Purchases ..--....--..._.--..$ Publications and Printing -_.............,,.._--....,,..........$ Equipment Purchases .................................$ Per Diem and Fees ._..............._..__......_......._......_....._..$ Computer Charges --_.___.-_..__..-__._.-.-__..______.-.._,,..-____.._.$ Other Contractual Expense .._............................__.....$ Total Funds Budgeted ................................................I State Funds Budgeted .......................... ^ Total Positions Budgeted

356,153 83,269 10,000 4,200 2,650
3,000 5,000 --0-- 3,000 467,272 467,272
30

TUESDAY, MARCH 25, 1975

4015

2. Operations Budget:
Personal Services ................................... ^ Regular Operating Expenses ---........--...-......--_..--.$ Travel ...................................... ....J$ Motor Vehicle Equipment Purchases ..................... ^ Publications and Printing ...._.____._,,_.._._._...._.___._...$ Equipment Purchases .................................... ^ Per Diem and Fees .................................................$ Computer Charges .........................................$ Other Contractual Expense ............. _..._.._..__...._.$ Evidence Purchased .................................^ Total Funds Budgeted .............._...___.$ State Funds Budgeted ....................... ^ Total Positions Budgeted

2,801,960 412,744 144,758 218,400 7,500 38,000 --0-- --0-- --0-- 98,000
3,721,362 3,571,362
177

3. Crime Laboratory Budget:
Personal Services _.......,, .,,..-.. --.-..-.----,,-.$ Regular Operating Expenses ..........................^ Travel ........... ........................... 4 Motor Vehicle Equipment Purchases ......--.-._--.$ Publications and Printing _._._._......_..._...._._.__.$ Equipment Purchases ........ ..........................$ Per Diem and Fees ..............._............$ Computer Charges ._.._....-._......._.........$ Other Contractual Expense ,,_.........,,_.-_.,,.._.......,,.,,.$ Total Funds Budgeted .......................$ State Funds Budgeted ................ ......^ Total Positions Budgeted

1,080,841 230,706 20,515 37,500 8,862 71,560 1,844 43,067 --0--
1,494,895 1,494,895
75

4. Georgia Crime Information Center Budget:
Personal Services ....:........._...--........-.____-.$ Regular Operating Expenses ............ ................^ Travel _._....._._......._.......-..._...._$ Motor Vehicle Equipment Purchases ......................I Publications and Printing .............. ................^ Equipment Purchases ........-.......................--.............$ Per Diem and Fees ..---...-.-._..---..-._--....--.$ Computer Charges ....._...,,...........-...........-.......__..__.....$ Other Contractual Expense .......................$ Total Funds Budgeted ......... .................^ State Funds Budgeted ..................... .......^ Total Positions Budgeted

1,565,000 505,081 21,000 37,800 38,617 7,200 1,000
1,154,384 --0--
3,330,082 2,496,682
138

Budget Unit Object Classes:
Personal Services ..............................................^ Regular Operating Expenses .................................^ Travel .......................................... ....^ Motor Vehicle Equipment Purchases ........___._........$ Publications and Printing -___-___,,__,,_-_._,,__,,--._____,,,,.$ Equipment Purchases ........................................ ^ Per Diem and Fees ....-._.-_.....-_.,,......._.,,_._.,,._.....,,..$

5,803,954 1,231,800
196,273 297,900
57,629 119,760
7,844

4016

JOURNAL OF THE HOUSE,

Computer Charges ................................. ^ Other Contractual Expense .......................$ Evidence Purchase ___.._______,,.___._.____..._,,_________.__._._______.$

1,197,451 3,000 98,000

Section 21. Georgia Motor Vehicle Commission.
Budget Unit: Georgia Motor Vehicle Commission ........_.........___.,,...-._._.._...--_.__..__........__..$

55,739

Georgia Motor Vehicle Commission Budget:
Personal Services ........................................................$ Regular Operating Expenses ..................--.....$ Travel _._..,, .... ,,.._.. ,,_.._.,, ..,,..__..,,._._.$ Motor Vehicle Equipment Purchases ......................$ Publications and Printing ...................$ Equipment Purchases ........,,......._............$ Per Diem and Fees ...... ..............,,_...$ Computer Charges ._._..........._.................$ Other Contractual Expense ___.,,___________,,._______,,.______.$ Total Funds Budgeted ................... 4 State Funds Budgeted .,,.-....,,....,,.-,,-$ Total Positions Budgeted
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 -- ----...-----..---..----...$ Other Contractual Expense ......................................$

26,239 12,500 2,000 --0-- 4,000
1,000 10,000 --0-- --0-- 55,739 55,739
2
26,239 12,500
2,000 --0--
4,000 1,000 10,000 --0-- --0--

Section 22. Georgia Residential Finance Agency.
Budget Unit: Georgia Residential Finance Agency ......_._..__........_.....................$

281,000

Georgia Residential Finance Agency Budget:
Personal Services ......................................................^ Regular Operating Expenses ....................................^ Travel .......................................-....................................$ Motor Vehicle Equipment Purchases _-.....__....--.....$ Publications and Printing _......,,...,,........______..,,..--..$ Equipment Purchases ....__.._.........-.__.....,,_.--_.._.-...-...$ Per Diem and Fees _.........-........._-_.....,,...-_......-.._.$ Computer Charges ._......-.__.._.......-_............__.._.--._.$ Other Contractual Expense ___..........._........._.__..--._...$

173,785 36,505 14,620 --0--
500 1,700 67,520 1,200 --0--

TUESDAY, MARCH 25, 1975

4017

Reserve for Future Operations and Repayment of State Funds ._...-$
Total Funds Budgeted ......-.$ State Funds Budgeted _..------__.._----.------.._----.._.__$
Total Positions Budgeted

365,040 660,870 281,000
10

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

__.......$

Other Contractual Expense ._____..------__--------.$

Reserve for Future Operations and Repayment

of State Funds _------_.-...----..--...----..----.--$

173,785 36,505 14,620 --0--
500 1,700 67,520 1,200 --0--
365,040

Section 23. Georgia State Financing and Investment Commission.
Budget Unit: Georgia State Financing and Investment Commission ............_........._.................$

250,000

Departmental Operations Budget:

Personal Services .... _.......-------..$

Regular Operating Expenses ___..._----,,._----.-____..__.$

Travel

...

.........$

Motor Vehicle Equipment Purchases __..,,....,...,,.._.$

Publications and Printing ..------.----.._--.--__.__..$

Equipment Purchases __------__------...--_....------$

Per Diem and Fees .------.----..--_-...--.:,,----..--$

Computer Charges -.------_...-_----_._._----_----__----_.$

Other Contractual Expense _----.------_-.___.----..,,..$

Revolving Fund for Construction Planning----..--?

Total Funds Budgeted .................--....----. .. .$

State Funds Budgeted ....----......... ----_..._.$

Total Positions Budgeted

789,439 287,000
11,500 --0--
21,500 20,000 71,000 20,000 21,700 250,000 1,492,139 250,000
44

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

Other Contractual Expense ....,,......_--_.------........._.$

Revolving Fund for Construction Planning ____----$

789,439 287,000
11,500 --0--
21,500 20,000 71,000 20,000 21,700 250,000

4018

JOURNAL OF THE HOUSE,

Provided, that of the above appropriation to the
Georgia State Financing and Investment Commission, up to $48,000 is designated and committed to prepare plans for a Regional Youth Development Center in Muscogee County.

Provided, that of the above appropriation to the Georgia State Financing and Investment Commission, up to $10,000 is designated and committed to prepare plans for a Sheltered Workshop in Dougherty County.

Provided, that unless there is Congressional au thorization for deepening the existing navigational chan nel in Brunswick Harbor into Brunswick River and the construction of a new navigation channel connecting Brunswick River through the South Brunswick River to Colonel's Island via the South Brunswick River to a minimum depth of 32 feet prior to June 30, 1976, the Georgia State Financing and Investment Commission shall not sell these bonds and all funds appropriated for the Colonel's Island project and any revenues gen erated therefrom shall be returned to the State Trea sury.

Provided, however, that none of the above ap propriation relating to the Revolving Fund for construc tion planning shall be committed or expended unless specifically authorized in an Appropriations Act of the Georgia General Assembly, or approved by a majority of the members of the Fiscal Affairs Subcommittees of the House and Senate.

Section 24. Office of the Governor.
A. Budget Unit: Governor's Office ......_.... Cost of Operations ..._........,,....,,...--._. Mansion Allowance ....-.....,,.._......_._... Governor's Emergency Fund ....,,.._... Gubernatorial Transition Allowance Total Funds Budgeted --.. -- _.- t State Funds Budgeted .-..,,..--.............

2,920,418 880,418 40,000
2,000,000 --0--
2,920,418 2,920,418

Budget Unit Object Classes:
Cost of Operations __.___..__..__.___.____._______._____,,_.________.___.? Mansion Allowance ..,,__._...-..........._..._.,,...._..............$ Governor's Emergency Fund .....-..-_....__.................._.$ Gubernatorial Transition Allowance. ...._.,,....__.,,..$

880,418 40,000 2,000,000 --0--

There is hereby appropriated a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor at his discretion in any emergency that he may determine re quires expenditure of any part of said fund. Expendi-

TUESDAY, MARCH 25, 1975

4019

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.

B. Budget Unit: Office of Planning and Budget.-----..? 2,387,456

1. General Administration and Support Budget:

Personal Services ..................... ......^

Regular Operating Expenses _....---- --.._.------------$

Travel ................................. ---- $

Motor Vehicle Equipment Purchases ---- .-- ------ $

Publications and Printing ................ ..^

Equipment Purchases .................... ...^

Per Diem and Fees ....................... ^,

Computer Charges ...................... ..^

Other Contractual Expense .................. ...^

Payments to Regional Commissions .__..-- _------_--_.$

Total Funds Budgeted --....------- ...------._$

State Funds Budgeted ....

.... ..---- ...$

Total Positions Budgeted

311,000 29,388
9,000 --0--
2,950 2,500 40,500 5,600 1,500 175,500 577,938 564,938
18

2. Council of the Arts Budget:
Personal Services ............................................ ^ Regular Operating Expenses .................... .....^ Travel ................ ....^^^^^$ Motor Vehicle Equipment Purchases _.----_______.$ Publications and Printing ..................... ^ Equipment Purchases ................................$ Per Diem and Fees .............................. ....^ Computer Charges ------..-- --.------...-- ._...$ Other Contractual Expense .................... .........^ Art Grants ............................. ^ Total Funds Budgeted ....................... .........^ State Funds Budgeted ................... .....^ Total Positions Budgeted

55,121 5,623 2,706 --0-- 2,456
500 --0-- --0-- --0-- 300,000 366,406 166,406
3

3. Budget Division Budget:
Personal Services ......................... ........J$ Regular Operating Expenses ....----.--------_....$ Travel -- ____. ................ ^ Motor Vehicle Equipment Purchases _------..------.$ Publications and Printing ........................... .^, Equipment Purchases _----.___-------- ._..----.--.$ Per Diem and Fees .......................:.. ^,

329,338 14,679 10,000.
--0-- 12,000 1,250 1,000

4020

JOURNAL OF THE HOUSE,

Computer Charges ......---...----.-...-.-..-..---....--...-.....-I Other Contractual Expense -.-_-____.-.___._.._..______.-______.$ Total Funds Budgeted .______._.________..___.___..._._....______.___.$ State Funds Budgeted ......___--..._.__...._.___......__.__--...___..$ Total Positions Budgeted

--0-- --0-- 368,267 255,267
16

4. Intergovernmental Relations Budget:
Personal Services _.....__-_.._....-...__...-......__--...__.__-....__..$ Regular Operating Expenses ....__..-_._____.______._....___._..$ Travel ,,.._..,,__._._.._......$ Motor Vehicle Equipment Purchases __._.____....._____.__$ Publications and Printing ........................................I Equipment Purchases --._____..-______..________.._______..-...__...$ Per Diem and Fees -...._---_-.,,--....._....._____--..__----....-$ Computer Charges .....__-.._____.__.._____._.-._____-..____-.....____.$ Other Contractual Expense __..__.._________.________.,,__.____$ Total Funds Budgeted _....._.._._..$ State Funds Budgeted ..__.___._._.____..._________.._______._..___._.$ Total Positions Budgeted

322,000 23,848 21,500 --0--
3,600 1,000 --0-- --0-- --0-- 371,948 346,948
21

5. Management Review Budget:
Personal Services ......._.,,..._,,._..._..,,....$ Regular Operating Expenses ...._.,,.....__.--_.._-.,,..___.$ Travel .....,,._...._,,.....-_...._...._.....__......._._......._....,,_........$ Motor Vehicle Equipment Purchases ._._..--,,...,,.._$ Publications and Printing -_..,,...-.._..._.......-..._......._.....$ Equipment Purchases -- - ._---,,__._---....---...._.--.... $ Per Diem and Fees _....--..-..__..-....__.--._._._-..__.,,........_..$ Computer Charges __...__....._.__...._.......__....,,.._........_.._...$ Other Contractual Expense ,,..._.-.--.......--.-..,,--..._.$ Total Funds Budgeted _._..____....____...._____.,,...______.._____._.$ State Funds Budgeted -...-..-_.......-.....,,.......-_.......$ Total Positions Budgeted

290,000 10,580
5,000 --0--
1,250 500
--0-- 500
--0-- 307,830 257,830
15

6. Policy Planning Budget:
Personal Services ................._...._.,,...._..........__.........__..$ Regular Operating Expenses .._._,,.--.--_----......--.....$ Travel _..._....__...............,,..,,....__.......__.,,......_........._.........$ Motor Vehicle Equipment Purchases ___._.____...,,_.___.$ Publications and Printing -__--..____,,--_________.___.___.____$ Equipment Purchases ..-..._.._...._._....-.-.......,,_._...,,_.___.$ Per Diem and Fees .........._.........................___....,........$ Computer Charges __.______.__.______.___.__.._______________,,.___.____$ Other Contractual Expense ,,..,,...._._........._._.....,,_.....$ Total Funds Budgeted __--_.____._____._..__.______--_____,,__.._.__$ State Funds Budgeted ,,___..___._____._._.____...__.___.___.___.__..$ Total Positions Budgeted

541,002 21,668 18,000
--0-- 11,000 2,000 29,800 20,000
--0-- 643,470 409,470
30

7. Georgia Employment and Training Council Budget:
Personal Services ....._.......--_.....,,....._........--..........,...$ Regular Operating Expenses ---.....-.--.-..,,.-...---....-$

342,814 91,770

TUESDAY, MARCH 25, 1975

Travel ............ .................$

Motor Vehicle Equipment Purchases '_........_..,,,,.....$

Publications and Printing ___._._._______._._________.____.__.,,_.$

Equipment Purchases --._,,......._........._,,.,,..-.-...--_......$

Per Diem and Fees ............$

Computer Charges ..................._.......$

Other Contractual Expense .................$

Total Funds Budgeted ........._......_........._......._......._.....$

State Funds Budgeted

.........$

Total Positions Budgeted

Fuel Allocation Office Budget:
Personal Services ................ .....,,.$ Travel .............. ........._....._..........._............._......._........._.$ Motor Vehicle Equipment Purchases _............._.... $ Publications and Printing ........................................^ Equipment Purchases .............................................^ Per Diem and Fees _...........--.....--.--.........._....--_......$ Computer Charges ......_....._._.-........--_.....--.....--.....--.$ Other Contractual Expense .............................--.......^ Total Funds Budgeted .._....._......_....__.__....._._......-...__.$ State Funds Budgeted .. ........... ...._...........................$ Total Positions Budgeted

9. Georgia Post-Secondary Education Commission Budget:

Personal Services ........................................................$

Regular Operating Expenses _......._.................--.......$

Travel ..........

...........$

Motor Vehicle Equipment Purchases _______.__...__.__..$

Publications and Printing ......................._....--........$

Equipment Purchases ....

......$

Per Diem and Fees ................__.._........................_......$

Computer Charges

.............$

Other Contractual Expense ........._............................$

Total Funds Budgeted ... ....................._..................._..$

State Funds Budgeted ,, ................................J........$

Total Positions Budgeted

10, Intern Program Budget:
Personal Services ....................................................$ Regular Operating Expenses ................................... $ Travel ............................_..........._..........................._...-.$ Motor Vehicle Equipment Purchases ........--.....-- $ Publications and Printing ......................................_$ Equipment Purchases ....._....._........._...---....--------.$ Per Diem and Fees ....... ............................................$ Computer Charges .... ......................_.................. ..$ Other Contractual Expense ... ............................. $ Intern Stipends ...........................................................^ Total Funds Budgeted ....... ....................................$

4021
14,000 --0--
4,200 3,000 4,608 --0-- --0-- 460,392 --0--
26
176,000 9,200
--0-- 15,000 2,000
--0-- --0-- --0-- 227,233 227,233
13
71,000 12,664
5,444 --0--
5,000 525
23,998 8,000 --0-- 126,631 45,130
4
71,659 2,875 5,500
--0-- 2,000 300
--0-- 900
--0-- 31,000 114,234

4022

JOURNAL OF THE HOUSE,

State Funds Budgeted .................$ Total Positions Budgeted

114,234 4

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 ...._....._......_......___...._.._........._._._.....$ Other Contractual Expense -_____.--____-_______----__---$ Art Grants ........................$ Payments to Regional Commissions ......................$ Intern Stipends ....................$

2,509,934 238,128 100,350 --0-- 59,456 13,575 99,906 35,000 1,500 300,000 175,500 31,000

Section 25. Grants to Counties and Municipalities.
Budget Unit: Grants to Counties and Municipalities ............................................$

6,800,000

1. Grants to Counties .............. .^...^.$ Total Funds Budgeted ......... ....... --....$ State Funds Budgeted ..............................i

2,600,000 2,600,000 2,600,000

2. Grants to Municipalities ...................$ Total Funds Budgeted ______..___._._..__._..___..__.___.._._._______$ State Funds Budgeted ............_.......__...,,.-......_.....,,_.$

4,200,000 4,200,000 4,200,000

Budget Unit Object Classes:
Grants to Counties ........................... ...^ Grants to Municipalities ................ ^

2,600,000 4,200,000

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

Section 26. Department of Human Resources.

A. Budget Unit: Departmental Operations ........_......._...$ 234,095,653

1. General Administration and Support Budget:
Personal Services -.....- .... .....$ Regular Operating Expenses ...............$ Travel __...._......_......_............_......_......._..._._......__........._...$ Motor Vehicle Equipment Purchases ___.,,_____...______.$ Publications and Printing ........................................I

8,234,871 1,378,232
298,151 --0-- 156,266

TUESDAY, MARCH 25, 1975

4023

Equipment Purchases ....................... ^ Per Diem and Fees ............................$ Computer Charges ...........-.....-.....-..$ Other Contractual Expense .__._____._.,,..__.._..._._.--.._..$
State of Georgia General Obligation Debt Sinking Fund ........$
Total Funds Budgeted _...............$ Indirect Computer Funding .__._____,,,,__..____._.___.___.___.$ Indirect Communications Funding _........_......,,_.....$ Agency Funds ........ ........$ State Funds Budgeted ____.._.__...______.....___.__...__.___._-_._..$ Total Positions Budgeted

20,975 64,609 1,572,000 105,000
190,000 12,020,104
1,276,300 188,350
4,695,656 5,859,798
660

2. Special Programs:
Personal Services ................. .....^ Regular Operating Expenses ....--......._.--..,,.--.._.--$ Travel ...............$ Motor Vehicle Equipment Purchases ..--__.__._--..__.$ Publications and Printing ...-...........$ Equipment Purchases _._._.-.---_._-----._.----.__.--------$ Per Diem and Fees _._......._._....._._._...____.....-_._..._.._...__.$ Computer Charges .................. ...^ Other Contractual Expense ...._-.__.... ._..._.--....... $ Total Funds Budgeted .....-._....-.- --....$ Indirect Communications Funding ........................^ Agency Funds --....--.-.-..--.- ....-$ State Funds Budgeted _____._..__..._._____.___._.___.__..,,_..._____.$ Total Positions Budgeted

834,306 118,964 94,211 --0-- 45,675 --0--
19,490 60,000 24,323 1,196,969 99,560 159,282 938,127
83

3. Physical Health--Program Direction and Support Budget:

Personal Services

................ ^

Regular Operating Expenses ..................................If

Travel .......................I

Motor Vehicle Equipment Purchases ....................$

Publications and Printing ................_............_..........$

Equipment Purchases .................._.................._..........$

Per Diem and Fees ........... ....^

Computer Charges ____.__._,,.--.___.._.-____...--.__..----_.--.$

Other Contractual Expense -.......--.....--......,,--...... $

Total Funds Budgeted ....._.,.._-_...._._.......__.._....._.._.$

Indirect Communications Funding ...................._...$

State Funds Budgeted ..............................................$

Total Positions Budgeted

987,210 119,037 28,450 --0--
23,800 2,500
200 --0-- --0-- 1,161,197
73,530 1,087,667
82

4. Physical Health--Family Health Budget:

Personal Services _..........................................._...........$

Regular Operating Expenses ........................ ........^

Travel ..............

.^

Motor Vehicle Equipment Purchases ....................$

Publications and Printing .......................................^

4,041,712 1,220,300
346,771 --0--
78,576

4024

JOURNAL OF THE HOUSE,

Equipment Purchases --.............. ,,.....,,. $

Per Diem and Fees ._......._......_........._.._......_....._._,,.....$

Computer Charges .....................$

Other Contractual Expense .._....._..._....._............._...$

Regional Grants for Prenatal and

Postnatal Care Programs ....................................^

Crippled Children Benefits ..................--...__.......__...$

Kidney Disease Benefits --.......-.--....--.--.--.--..---$

Cancer Control Benefits ..........................................$

Maternal Health/Family

Planning Benefits

,,..,,,. $

Total Funds Budgeted ... ..._._........_..........__..... $

Indirect Computer Funding _._........................._..._...$

Indirect Communications Funding __..,,......_.-.--.-...$

Agency Funds ,,__-.._.. $

State Funds Budgeted .__.___.______...__..._.____...____.__..__.____.$

Total Positions Budgeted

25,000 503,685 110,000 3,150,897
150,000 3,034,626
300,000 441,000
2,220,154 15,622,721
89,300 41,060 6,290,456 9,201,905
412

5. Physical Health--Community Health Budget:
Personal Services ........................................................^ Regular Operating Expenses ....................................$ Travel ......................................................^....................$ Motor Vehicle Equipment Purchases ....................$ Publications and Printing __...________.._.________.__....______.$ Equipment Purchases _-......,,--...-..--.....,,---....,,--.._.$ Per Diem and Fees ..........$ Computer Charges ......................................................$ Other Contractual Expense ......................................I Facilities Construction Grants ....-._....._._._........._..$ Total Funds Budgeted ................................................$ Indirect Communications Funding .......................$ Agency Funds ......................................................_..._...$ State Funds Budgeted ................................................I Total Positions Budgeted

5,050,062 882,217 413,631 10,400 61,000 8,000 155,118 25,000 149,329
10,013,000 16,767,757
17,650 6,217,227 10,532,880
404

6. Physical Health--Local Services Budget:

Personal Services ._........_........._........._............._........._.$ Regular Operating Expenses --.__._.---_.__--,,.._..--..._.$ Travel _..._....................._..........._.....___.,,..__........_........._...$ Motor Vehicle Equipment Purchases _................_..$ Publications and Printing _......._............_...,,.___.._......$ Equipment Purchases ................................................^

Per Diem and Fees ........._.._...._........................_........ $

Computer Charges ......................................................$

Other Contractual Expense

.------ .. $

Grant for DeKalb County Mental Retardation Project ............ ^

Grant for Chatham County Mental Retardation Project ...................._....._...... $

Grant-In-Aid to Counties ..........................................I

Total Funds Budgeted ..-..............$

5,493,910 570,223 550,130 --0-- 4,360 45,000 170,510 --0-- 368,649
97,300
92,800 9,028,977 16,421,859

TUESDAY, MARCH 25, 1975

4025

Indirect Communications Funding -..___._..-__._.---.$ Agency Funds ............. $ State Funds Budgeted ___._...___.__..___.___..__.___.....____..-.$ Total Positions Budgeted

53,200 3,366,539 13,002,120
447

7. Mental Health--Program Direction and Support Budget:

Personal Services ___.______.._._.....___.__..___._.__.__.__.-_...-,,,.$

Regular Operating Expenses _._._._.___.___...-....--_---.$

Travel

.........$

Motor Vehicle Equipment Purchases ....................^

Publications and Printing ....___.___.....___....____.___._..-_...$

Equipment Purchases ................................................$

Per Diem and Fees .

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

Computer Charges

...

$

Other Contractual Expense .,,--_......_.._._.....-.___.---..$

Benefits for Family Living Care ___...._._.__...._.___.-._$

Total Funds Budgeted _._.._..___._...___..._..._.___.___.___.___.....$

Indirect Computer Funding .....................................$

Indirect Communications Funding ..........................^

Agency Funds ...........................................................^

State Funds Budgeted ...... ....___.._..___.._..___....-._._.___.....$

Total Positions Budgeted

1,157,479 150,267 130,000 --0-- 9,200 --0-- 24,200 100,000 450,000 975,000
2,996,146 81,190 22,370 618,457
2,274,129 94

8. Drug Abuse Prevention and Abatement Budget:

Personal Services .......................................................$

Regular Operating Expenses .................................^

Travel

.

.

..

$

Motor Vehicle Equipment Purchases ___.--._...----.. $

Publications and Printing .................. ....................^

Equipment Purchases .__...____.....__....._.....___._...___._....__.$

Per Diem and Fees ...................................................J$

Computer Charges ......................................................$

Other Contractual Expense .....................................^

Total Funds Budgeted ........... ............_................._._...$

Indirect Computer Funding ............_._.....-.........--...$

Agency Funds ..............................................._......:..-.. $

State Funds Budgeted .................................._.........-...$

Total Positions Budgeted

1,581,904 246,477 54,497 --0-- 16,644 4,500 86,720 100,000
2,426,938 4,517,680
81,190 3,234,624 1,201,866
153

9. Mental Health--Local Services Budget:

Personal Services .....................................................$

Regular Operating Expenses ............. ...__..._____._..._._$

Travel .......

.

.. $

Motor Vehicle Equipment Purchases __..--_.____.--.__.$

Publications and Printing ................................^....^

Equipment Purchases ....................... ....._..................$

Per Diem and Fees ....................................................$

Computer Charges ......--...----. ........._......--......----...$

Other Contractual Expense ........................,,__........$

250,015 29,703 25,956 --0--
500 500 --0-- --0-- 4,000

4026

JOURNAL OF THE HOUSE,

Contracts with Day Care Centers for the Mentally Retarded ____..___,,.._.___.___..__.__._____.$
Grants for Alcoholism Community Treatment Programs _.__._.___,,_.,,-,,___ $
Grants for Child Mental Health ............................$ Grants for Adult Mental Health ............................$
Foster Grandparent Program and Group Homes for the Mentally Retarded -,,.....-.....,,.- $
Total Funds Budgeted ...... - .,,.--.,,$ Indirect Communications Funding ___,,__.___.,,.._,,_.__.$ Agency Funds ............... ......$ State Funds Budgeted ................. .....$ Total Positions Budgeted

23,417,216
2,291,211 1,040,034 3,860,511
1,822,000 32,741,646
12,670 15,009,509 17,719,467
14

10. Work Incentive Program Budget:

Personal Services .... _..._.. .... ......_..,,$

Regular Operating Expenses .......... __........-....$

Travel ..

.. ........ ................$

Motor Vehicle Equipment Purchases ....................$

Publications and Printing .......................................$

Equipment Purchases -...-....---..-- ..---$

Per Diem and Fees ..................................If

Computer Charges ................. $

Other Contractual Expense ..................$

W.I.N. Benefits ......

.... ...--$

Total Funds Budgeted ...............................................$

Indirect Communications Funding ___.________.,,.___.____$

Agency Funds ............................................................$

State Funds Budgeted ..____..___.__.._...___.___.....____._.....__._.$

Total Positions Budgeted

987,452 65,000 80,500 -- 0-- 2,000 -- 0-- --0-- 59,000 --0-- 2,750,000
3,943,952 8,365
3,549,557 386,030 101

11. Child Care Budget:
Personal Services ............................ ^ Regular Operating Expenses ....................................^ Travel ........................................... .^ Motor Vehicle Equipment Purchases _._.___.__..___.___.$ Publications and Printing ...___..______...__$ Equipment Purchases ........... ._..........$ Per Diem and Fees ....................................................$ Computer Charges ..........................^ Other Contractual Expense ...._..........................._...$ Grants to Fulton County for 24-hour
Emergency Social Services ..................................-^ Benefits for Child Care ............................................$ Total Funds Budgeted _-......-......_-....................._.....$ State Funds Budgeted ................................................$ Total Positions Budgeted

--0-- --0-- --0-- --0-- -- 0-- --0-- --0-- --0-- --0--
130,000 6,567,230 6,697,230 3,575,151
0

12. Programs for Children, Youth, Families, and Adults Budget:
Personal Services ........................................................$ Regular Operating Expenses ....................................$

5,914,481 660,132

TUESDAY, MARCH 25, 1975

4027

Travel

..................................$

Motor Vehicle Equipment Purchases ___.____--.___._._.$

Publications and Printing ___._._.___..__.__._____.__._...__.____.$

Equipment Purchases ...................^

Per Diem and Fees ..............$

Computer Charges ....-.--..... .._-......$

Other Contractual Expense ___.....___......__.._____.......__.-,,$

Georgia Indigent Legal

Services Contracts ...........

..........--.....-$

Total Funds Budgeted -......-........$

Indirect Computer Funding _.. ..................................I

Indirect Communications Funding ___._____.__..___.___.___.$

Agency Funds ....___.__..__....-..__.___.___..._._..-.___._______._._.._..$

State Funds Budgeted - __._._.._..._______._______.._..._.._...___.$

Total Positions Budgeted

473,556 4,112 89,335 32,500 16,600
260,000 28,230,677
1,000,000 36,681,393
211,100 130,140 30,556,861 5,783,292
545

13. Services to the Aged Budget:

Personal Services ..

.....$

Regular Operating Expenses ....----..........--....----.$

Travel

.. ..

.$

Motor Vehicle Equipment Purchases ___.._...._.___.___.$

Publications and Printing .___...._._._...$

Equipment Purchases ................................................$

Per Diem and Fees ....-..-.-....$

Computer Charges ..-.-. ... ....-..--...$

Other Contractual Expense.---.........__.._..._........_-..__ $

Areawide and Community Grants ................-.---.. $

Nutrition Grants ._...-..--__....-.----......--_-.,,.--.$

Total Funds Budgeted ................................................^

Indirect Communications Funding ......................... $

Agency Funds ................................,,......................-..$

State Funds Budgeted ................... ............................$

Total Positions Budgeted

419,957 64,576 31,584 --0--
4,200 4,032 2,100 --0-- 4,536 1,457,178 2,476,500 4,464,663 11,240 3,990,941 462,482
35

14. Vocational Rehabilitation-- Program Director and Support Budget:
Personal Services .......................................................^ Regular Operating Expenses .................................. $ Travel ................................_....................._.__.............._...$ Motor Vehicle Equipment Purchases ....................I Publications and Printing ........................................I Equipment Purchases ....... ................-_..................._..$ Per Diem and Fees ................................................... ^ Computer Charges ....._..................................._...........$ Other Contractual Expense _..............._..._........._..-_.$ Grants for Nephrology Centers ................................$ Total Funds Budgeted .............................................^ Indirect Computer Funding ................... .................$ Indirect Communications Funding .......................$ Agency Funds ............................................................I State Funds Budgeted ..............................................$ Total Positions Budgeted

845,903 9,264,982
26,347 --0--
9,500 1,700 16,740 225,000 45,080 185,000 10,620,252 182,680 24,855 7,741,344 2,671,373
65

4028

JOURNAL OP THE HOUSE,

15. Vocational Rehabilitation-- Facilities Budget:
Personal Services ... .... ... ...-- .$ Regular Operating Expenses ....................................$ Travel ___._..___.,,.._._..__.._..___.__._._____.___.__..___,,____,,__._._.__.__.$ Motor Vehicle Equipment Purchases ....__...--_..--_._.$ Publications and Printing ................. ..^ Equipment Purchases ..... ^ .__._.._._$ Per Diem and Fees ........................ ^ Computer Charges ..........................$ Other Contractual Expense ._..__._....___._.._._.......-...__$ Capital Outlay ............... ..^ Total Funds Budgeted ...... .... ........$ Indirect Communications Funding ........................$ Agency Funds ...... ..........-- .__... $ State Funds Budgeted ............................................$ Total Positions Budgeted

8,279,542 4,408,891
135,704 25,588 12,005 200,798 127,690 --0-- 275,150 250,000 13,715,368 82,560 11,694,378 1,938,430
684

16. Vocational Rehabilitation-- Services Budget:

Personal Services ...................$

Regular Operating Expenses ...................................4

Travel

....._......$

Motor Vehicle Equipment Purchases .......... $

Publications and Printing .........._-...._..._..-._..............$

Equipment Purchases __.......................... $

Per Diem and Fees ....-........-....-...$

Computer Charges ......................_..$

Other Contractual Expense ....................................^

Total Funds Budgeted ........... $

Indirect Communications Funding __.___.__...__.___.___.$

Agency Funds .............................................................$

State Funds Budgeted .-................-....-......-....,,...-......$

Total Positions Budgeted

10,974,877 7,851,412
540,946 --0--
42,536 153,117 226,424 --0-- --0-- 19,789,312 234,450 17,879,241 1,675,621
924

17. Medicaid Benefits Budget:

Personal Services ......... ........... ..............$ --0--

Regular Operating Expenses ........................ ^ --0--

Travel ..................... .^ --0--

Motor Vehicle Equipment Purchases ._..............---$ --0--

Publications and Printing ......................................$ --0--

Equipment Purchases ................. ...^ --0--

Per Diem and Fees ---... ...... ..... ...-_-$ --0--

Computer Charges .......... .4 1,900,000

Other Contractual Expense .................$ --0--

Medicaid Benefits .._......_-...--..........,..--.........-..-..._.$ 267,000,000

Payments to Counties for

Adult Mental Health

........... ^$ 737,500

Payments to Counties for

Child Mental Health ...........................................^ 147,500

Payments to Counties for

Alcoholism ._.......... ............ ...^ 354,000

TUESDAY, MARCH 25, 1975

4029

Total Funds Budgeted ................__......_.......__........_.....$ 270,139,000

Indirect Computer Funding ..,,......--..- $ 1,542,390

Agency Funds -.------$ 177,462,800

State Funds Budgeted .......... ..^ 91,133,810

Total Positions Budgeted

0

18. Public Assistance Budget:

Personal Services ...................... .....^ --0--

Regular Operating Expenses _____-.._,,__._.___,,__.__._--.$ --0--

Travel ... ---.--------$ --0--

Motor Vehicle Equipment Purchases ,,......--.....--.$ --0--

Publications and Printing ....__.._....._._,,.....__....-.._,,...$ --0--

Equipment Purchases ,,_._----____.---___._----__------_---.$ --0--

Per D:em and Fees ._.,,._.$ --0--

Computer Charges ---------- $ 660,000

Other Contractual Expense __.-_------. $ 650,000

Cuban Refugees Benefits .---- -.-- -.$ 100,000

SSI-Supplement Benefits ............. ..^. 3,735,584

AFDC Benefits ............ ^ 138,167,872

Total Funds Budgeted .......... ..^, 143,313,456

Indirect Computer Funding ............. .....^ 535,850

Agency Funds -------- $ 103,736,420

State Funds Budgeted ............. 4 39,041,186

Total Positions Budgeted

0

19. Local Services--Community Services and Benefits Payments Budget:

Personal Services ............................ ...^ Regular Operating Expenses ................. ^ Travel ....------------------------..--$ Motor Vehicle Equipment Purchases .-------.- $ Publications and Printing ---------------$ Equipment Purchases ----_--.---------,---- $ Per Diem and Fees .................... ..^ Computer Charges .__._____.--,,--_,,_------.------------$ Other Contractual Expense ....-..,,.,,........_...........--.$ Local Services Benefits
Payments Grants ......................$ Grants to Counties for
Social Services _.-....._.......-_..........__........_....._..,,..__..$ Total Funds Budgeted _........._.-..._._._-.....__......_....._.$ State Funds Budgeted ........._.._......._........._....._.........$ Total Positions Budgeted

--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
27,350,545
21,893,068 49,243,613 22,432,500
0

20. Benefits Payments--Program Administration and Support Budget:
Personal Services _....._........._.......-_......._.._....-...._.__..$ Regular Operating Expenses ___.._.._..._..______..,,_._____.$ Travel ....,,..,,...._..._.....,,.._._......._..,,....._.,,......_....._...........$ Motor Vehicle Equipment Purchases ....__--...,,..,,-.$ Publications and Printing ........__.._...____....___._....._..,,.$ Equipment Purchases _,,_.__.._____......,,..____._______.-___._..._..$

2,761,303 633,083 179,000 --0-- 175,870 23,770

4030

JOURNAL OF THE HOUSE,

Per Diem and Fees ................................. ..^

Computer Charges --.,,..___-----.._.--..------..--..-----I

Other Contractual Expense ......................................^

Total Funds Budgeted .........................$

State Funds Budgeted

.........-............$

Total Positions Budgeted

--0-- --0-- 2,589,275 6,362,301 3,177,819
251

Budget Unit Object Classes:

Personal Services ............................ .^ 57,814,984

Regular Operating Expenses ...........,,.....,,.$ 27,663,496 Travel .......-..._,, ...--.-$ 3,409,434

Motor Vehicle Equipment Purchases --............,, $ Publications and Printing ................,,.$

40,100 731,467

Equipment Purchases ...... .-.-..- $ 522,392 Per Diem and Fees ..........._.........._.._..$ 1,414,086

Computer Charges ..................$ 5,071,000

Other Contractual Expense ...................................^. 38,473,854 Grants for Regional Prenatal and

Postnatal Care Programs ......_...__-.-......$ 150,000

Crippled Children Benefits ....................................^ 3,034,626

Kidney Disease Benefits ................................^ Cancer Control Benefits ................. ..^

300,000 441,000

Maternal Health/Family

Planning Benefits .............................$ 2,220,154

Facilities Construction Grants ..............................^ 10,013,000

Grants for DeKalb County Mental Retardation Project ....... .................... $

97,300

Grants for Chatham County Mental

Retardation Project .........................^

92,800

Grant-In-Aid to Counties .............................$ 9,028,977

Benefits for Family Living Care ......... $ 975,000 Contracts with Day Care Centers
for the Mentally Retarded .................... $ 23,417,216

Grants for Alcoholism Community Treatment Programs _._........_..._._._...._....$ 2,291,211

Grants for Child Mental Health ......................$ 1,040,034

Grants for Adult Mental Health

...... $ 3,860,511

Foster Grandparent Program and Group Homes for the

Mentally Retarded .......... .1....... ....... ^ 1,822,000 Work Incentive Benefits ................. ....^ 2,750,000

Grants to Fulton County for 24-hour Emergency

Social Services .............................. ^ Benefits for Child Care ....................$ Georgia Indigent Legal Services Contracts....--.--.$

130,000 6,567,230 1,000,000

Areawide and Community Grants ........--........--..--.$ 1,457,178 Nutrition Grants _..........._._..........._....._....................._.$ 2,476,500

Grants for Nephrology Centers ........._.._............_....$ 185,000

Medicaid Benefits ..............................^ 267,000,000

Payments to Counties for Adult Mental Health ._.................._............._.........$

737,500

Payments to Counties for

Child Mental Health ............._.........._................._.....$ 147,500

TUESDAY, MARCH 25, 1975

4031

Payments to Counties for

Alcoholism ................................................................I 354,000

Cuban Refugees Benefits ...................... ....^ 100,000

SSI-Supplement Benefits ___..__..._.__.,,.._...-__.___.,,.____._.$ 3,735,584

APDC Benefits .................................^ 138,167,872

Local Services Benefits

Payments Grants ....................................... ^ 27,350,545

Grants to Counties for Social Services ....................$ 21,893,068

Capital Outlay ........................................ ...^ 250,000

State of Georgia General

Obligation Debt Sinking Fund ....,,..__.___._._._,,.___.$

190,000

Provided, however, that none of the above ap propriation for Medicaid Benefits shall be used to fund any increase in rates for providers for service, unless approved in advance by appropriate subcommittees of the House and Senate Appropriations Committees, said subcommittees to be so designated by the respective Chairmen of said Appropriations Committees.

Provided, that of the above appropriation relative to departmental operations, no State funds whatsoever shall be used to pay AFDC benefits to the extent that the net average monthly payment per individual ex ceeds $32.00 on a quarterly average basis.

Provided, that of the above appropriation, $437,000 is designated and committed for 12-%% matching for Day Care Centers in the Appalachian Region.

Provided, that of the above appropriation related to the Vocational Rehabilitation--Facilities Budget $234,425 is designated and committed for the Factories for the Blind in Bainbridge, Atlanta, and Griffin.

Provided, that of the above appropriation, $150,000 is designated and committed for regional prenatal and postnatal care programs.

Provided, that of the funds available in the Physical Health--Local Services Budget not less than $100,000 is committed for continuation of the Community Cardio vascular Council Stroke-Screening Program.

Provided, that of the above appropriation, $20,000 is designated and committed for toxoplasmosis screening as authorized by House Resolution 67.

Provided, that of the above appropriation, $100,000 is designated and committed for the purchase of drugs for the Hemophilia Program, $50,000 is designated and committed to operate the Hemophilia Program in Au gusta, and $50,000 is designated and committed to, estab-

4032

JOURNAL OP THE HOUSE,

lish a Hemophilia Program in the Metropolitan Atlanta area.

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 ap plication for funding for the training of health personnel under the provisions of the Public Health Service Act.

Provided, that of the above appropriation, $35,000 is designated and committed to be used to match Title IV-A funds to continue Atlanta Association for Retarded Children's project Rescue outreach advocacy program.

Provided, that the Department of Human Resources is hereby directed to proceed with the preparation of plans for a Sheltered Workshop in Dougherty County, such plans to be paid for by funds appropriated to the Georgia State Financing and Investment Commission.

Provided, that of the above appropriation, $250,000 is designated and committed to construct a Sheltered Workshop in Dougherty County.

B. Budget Unit: Mental Health and Youth Develop ment Institutions ...... ._.._,,.._.,,_$ 144,427,797

1. Georgia Regional Hospital at Augusta Budget:
Personal Services _...........,......._..._..$ Regular Operating Expenses .._._...._................_.....,,..$ Travel _.._.__.--...____-.._...___._.._.__.__.__.._..._..._____._..._____._._._._._.$ Motor Vehicle Equipment Purchases --....._--..._,,$ Publications and Printing _.._._____...__.__..___..____..._____..___.$ Equipment Purchases ....-.........-........._..$ Per Diem and Fees ._................_.........$ Computer Charges ...............$ Other Contractual Expense -_...__._...,__.__-...__._..._.___-.$ Authority Lease Rentals _..____._._..__._.__..______.___..______.$ Outpatient and Aftercare Drug Purchases...... _ .....$ Total Funds Budgeted _.........._..._............._......._........_..$ State Funds Budgeted ................................................I Total Positions Budgeted

4,869,692 861,113 20,500 4,200 3,840 5,000 72,000 70,000 110,060 387,000 45,000
6,448,405 5,982,405
537

2. Georgia Regional Hospital at Atlanta Budget:
Personal Services _....._........._......._..._-.............._........_..$ Regular Operating Expenses _......._..........._..._..._.......$ Travel ....... ............$ Motor Vehicle Equipment Purchases ...._..........._...$ Publications and Printing __.............................._.,,.._._.$ Equipment Purchases .............-.....-- _.._$ Per Diem and Fees .. ___._.._.__...._____..._____....______.___._____.$

5,918,948 1,346,965
15,129 --0--
8,750 10,215 107,000

TUESDAY, MARCH 25, 1975

4033

Computer Charges .... ..^......................................^

Other Contractual Expense ,,.._,,.......,,______._....._.....$

Authority Lease Rentals _________..,,..__.___,,_,,_________,,,,___.$

Outpatient and Aftercare Drug Purchases .......-,$

Total Funds Budgeted .................................^

State Funds Budgeted

........ ...........^

Total Positions Budgeted

82,000 15,070 513,000 150,000 8,167,077 7,786,077
645

3. Georgia Regional Hospital at Savannah Budget:

Personal Services ........--...........................................I

Regular Operating Expenses

..............^

Travel

........_.,,_._$

Motor Vehicle Equipment Purchases ___._---_-----_$

Publications and Printing _........_......._._.__..,,..,,....,,.__$

Equipment Purchases ._--._._......_............,,..__...,,_.___.....$

Per Diem and Fees ............... _^

Computer Charges .......................... ^

Other Contractual Expense ............. ....^

Authority Lease Rentals ............. ..^

Outpatient and Aftercare Drug Purchases -......,,.$

Total Funds Budgeted

................ J^

State Funds Budgeted ............_...,,...__.._........_.___.....$

Total Positions Budgeted

4,685,618 748,524 19,000 --0--- 2,000 25,000 66,000 69,000 34,000 500,000 52,500
6,201,642 5,851,642
551

4. West Central Georgia Regional Hospital Budget:
Personal Services ....__......._.__.._....._.____......____....___.__..$ Regular Operating Expenses __....--_.___...._,,___._.--,,_$ Travel .. ______._.____.___..________..______.._______.____.________.__________.$ Motor Vehicle Equipment Purchases --.--..--._--_..$ Publications and Printing ___._....____._..-_____,,_--__--._.___$ Equipment Purchases .......... ._....________________..______.....$ Per Diem and Fees , ... .......... ^ Computer Charges _._._...___._.-.....__..,,..._._._...._-__........_.$ Other Contractual Expense ______________.._._______._________.__$ Authority Lease Rentals _. .._..___......-.__....__-...,,.__.....$ Outpatient and Aftercare Drug Purchases ...__--..$ Total Funds Budgeted ......... ^ State Funds Budgeted _-_.__...-_.__...-_-.......__..._._._......$ Total Positions Budgeted

4,308,000 733,441 16,000 --0-- 4,400 16,050
40,000 65,000 --0-- 646,500 90,000 5,919,391 5,749,391
551

5. Northwest Georgia Regional Hospital at Rome Budget:

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

Regular Operating Expenses ..._._-.-...___..........____-...$

Travel ...._..

.-

.

. -^

Motor Vehicle Equipment Purchases ,,__--_____._--__$

Publications and Printing .._.,,._......_._...---..._------$

Equipment Purchases _...._..,,---...-------------------.-$

Per Diem and Fees ....... .....^

Computer Charges ._.-._-._...._.._...___..-__-.------$

Other Contractual Expense ..._......_._....___-..--...-----.-$

5,774,299 1,185,087
20,000 5,000 5,500
32,718 31,000 75,000 --0--

4034

JOURNAL OF THE HOUSE,

Capital Outlay .................................... ..^ Authority Lease Rentals ~----.-..___--_....___.______________.$ Outpatient and Aftercare Drug Purchases-..^-$ Total Funds Budgeted ........................ ^ State Funds Budgeted ___._____...___.______._._____...__...____.._.$ Total Positions Budgeted

100,000 853,500
52,500 8,134,604 7,622,049
779

6. Gracewood State School and Hospital Budget:

Personal Services __........_____.........___............__._...........$ Regular Operating Expenses .................. ^ Travel ..............................$ Motor Vehicle Equipment Purchases ............._..___.$ Publications and Printing ...................... ........^ Equipment Purchases .........................$ Per Diem and Fees ..................$ Computer Charges .--.-- ---- ...-- ..$ Other Contractual Expense ......................................I Capital Outlay ............................$ Authority Lease Rentals ................... .....^ Total Funds Budgeted _._.,,-........._.___.........._..._..........$ State Funds Budgeted ..................................$
Total Positions Budgeted

13,279,351 2,873,183
22,611 20,396
7,102 125,000 47,176 71,000 136,483 2,750,000 117,000 19,449,302 15,710,769
1,562

7. Southwestern State Hospital Budget:

Personal Services ............ ....................$ Regular Operating Expenses ...................... ^ Travel .-____.............._-__......-..-.._...._..........-._--.....$ Motor Vehicle Equipment Purchases ..__.............._.$ Publications and Printing ------_-__,,-.-.-..--_....------$ Equipment Purchases ............................... ...^ Per Diem and Fees ......_._.___.............--..__________..........$ Computer Charges .................................. ^ Other Contractual Expense ._.____..................._.._______.$ Capital Outlay ...................... ^ Outpatient and Aftercare Drug Purchases ..........$ Total Funds Budgeted ....................... ^ State Funds Budgeted ..................$
Total Positions Budgeted

7,328,336 1,256,536
24,297 11,565
1,365 47,969 51,535 70,000 14,736 2,000,000 75,000 10,881,339 10,183,339
805

8. Georgia Retardation Center Budget:
Personal Services ................................$ Regular Operating Expenses .....___........._........_._.__.$ Travel .................--.................-.-.-........--.-....--....I Motor Vehicle Equipment Purchases -.-..-...-----._.$ Publications and Printing .__.........._.--._.__.___._..--.--$ Equipment Purchases ................ .........................-^ Per Diem and Fees .............................................^ Computer Charges .............................$ Other Contractual Expense .__._.__._............................$ Capital Outlay ............................$

9,910,000 1,796,054
30,000 --0--
9,486 10,000 50,146 122,100 892,065 263,213

TUESDAY, MARCH 25, 1975

4035

Authority Lease Rentals ..............................^ Total Funds Budgeted ---......................... . $ State Funds Budgeted ............ .....^....^$ Total Positions Budgeted

794,000 13,877,064 13,422,064
1,098

9. Georgia Mental Health Institute Budget:
Personal Services ..................................$ Regular Operating Expenses .....,,._........_.___...._......$ Travel ..................... ..... .__..$ Motor Vehicle Equipment Purchases ....................^ Publications and Printing ..........................^ Equipment Purchases ...............................^ Per Diem and Fees ...........................^ Computer Charges .............................. .......^ Other Contractual Expense ._--......._-_.-....__-......-_._...$ Authority Lease Rentals ............_._.._.$ Outpatient and Aftercare Drug Purchases --._.....$ Total Funds Budgeted ................. 4 State Funds Budgeted .............................................^ Total Positions Budgeted

7,473,369 1,408,766
35,200 --0--
9,870 31,095 81,289 60,810 420,825 450,000
172,500 10,143,724 9,616,895
707

10. Central State Hospital Budget:
Personal Services ......................................................$ Regular Operating Expenses .................... ^ Travel _-...-_--.---------$ Motor Vehicle Equipment Purchases ...._.----...-...$ Publications and Printing ...........................$ Equipment Purchases ........................ ^ Per Diem and Fees .................... ..........^ Computer Charges ............................ ..........^ Other Contractual Expense ..................... ..........^ Capital Outlay ......... .--..--. .,,----. .-..-$ Authority Lease Rentals .........................^ State of Georgia General
Obligation Debt Sinking Fund .__..-__ _......$ Outpatient and Aftercare Drug Purchases ._......--$ Total Funds Budgeted ......... ....^ State Funds Budgeted ................... ....^, Total Positions Budgeted

42,697,000 9,822,655
52,789 --0--
14,408 321,885
91,492 360,000 82,875 2,925,000 1,284,000
183,000 112,500 57,947,604 49,450,039
4,893

11. State Youth Development Centers Budget:
Personal Services ............. ^ Regular Operating Expenses ..---------------------$ Travel _.-._.------------.-----------$ Motor Vehicle Equipment Purchases -------------$ Publications and Printing .......................... 4 Equipment Purchases ........................ .......^ Per Diem and Fees ............................-^ Computer Charges ....................--........--..-----$ Other Contractual Expense ................--.....--^ Total Funds Budgeted ... ..-- --..--------$ State Funds Budgeted .................... ^ Total Positions Budgeted

5,940,000 1,327,516
15,500 13,000 3,400 22,700 33,200
8,000 8,400 7,371,716 7,295,716
621

4036

JOURNAL OF THE HOUSE,

12. Regional Youth Development Centers Budget:
Personal Services ----_--__--.-____.--____________________.___.$ Regular Operating Expenses _______,,_._,,___________________$ Travel -...,,.._ ......-__._.......___.,,._._......___......__._.,,....$ Motor Vehicle Equipment Purchases _____-___-._.______$ Publications and Printing ._..______.______._.______,,,,_______.$ Equipment Purchases __.....-__..._.-.._....,,.___..,,___.__.....$ Per Diem and Fees ----_,,_--_-.-.._--..--__-....._._.,,-_.__. $ Computer Charges --------.------.-----....--..-..._--,,.._.$ Other Contractual Expenses .-.._--.-..__...._.__._...___.....$ Capital Outlay ............................................................I Grants to County-Owned Detention Centers -__,,__.$ Total Funds Budgeted ___.,,...__.....__..,,...__.........._....,,_.$ State Funds Budgeted ......___-...._._......._._....,,.__-_....___.$ Total Positions Budgeted

2,408,338 719,715 15,300 15,500 2,250 70,450 65,358 --0-- --0--
2,104,000 369,000
5,769,911 5,757,411
298

Budget Unit Object Classes:

Personal Services _.____,,____,, ..... _____$ 114,592,951

Regular Operating Expenses ___,,.________,,_.___.______-_____$ 24,079,555

Travel _----.._....._.__........._......___.$ 286,326

Motor Vehicle Equipment Purchases .__....-_.._....._.$

69,661

Publications and Printing ,,...__.__ ___._._...._.._...__. ____$

72,371

Equipment Purchases ,,_...__..... _._..._.. ..__..._____..$ 718,082

Per Diem and Fees ..._....__.............._....___$ 736,196

Computer Charges -----.--..-..-.-$ 1,052,910

Other Contractual Expense -...._-__._.-..__..,,..$ 1,714,514

Capital Outlay .......__._,,...__..__..__..__....._.$ 10,142,213

Grants to County-Owned Detention Centers ._.____.$ 369,000

Authority Lease Rentals _______-_._.__,,...___..$ 5,545,000

State of Georgia General

Obligation Debt Sinking Fund ___________._._____-_.___.$ 183,000

Outpatient and Aftercare Drug Purchases ,,,,.__,,.$ 750,000

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $183,000 is specifically appropriated for the pur pose of financing a school for special education at Cen tral State Hospital through the issuance of not to exceed $2,104,000 in principal amount of General Obligation
Debt.

Provided, that of the above appropriation relating to Capital Outlay: $2,104,000 is designated and com mitted for the construction of Regional Youth Develop ment Centers at Macon ($842,000), Griffin ($631,000) and Eastman ($631,000) ; $2,925,000 is designated and committed to renovate the Alien Building at Central State Hospital; $2,750,000 is designated and committed to construct a hospital unit at Gracewood State School and Hospital; $2,000,000 is designated and Committed to construct a multi-geographic receiving facility at

TUESDAY, MARCH 25, 1975

4037

Southwestern State Hospital; and $263,213 is designated and committed for renovations, to meet Fire Marshal requirements, at the Georgia Retardation Center.

Provided, that of the above appropriation relating to Capital Outlay, $100,000 is designated and committed for Fire Safety renovations at Northwest Georgia Regional Hospital.

Provided, that the Department of Human Resources is hereby directed to proceed with the preparation of plans for a Regional Youth Development Center in Muscogeee County, such plans to be paid for by funds appro priated to the Georgia State Financing and Investment Commission.

Section 27. Department of Labor.

A. Budget Unit: Inspection Division ....................^.^..^ Inspection Division Budget: Personal Services _._._.__.__________.....,,..___....._.....,,_.____._..$ Regular Operating Expenses -.......--,,_____--..-.,,_____..$ Travel ...... ....... .........^.......^ ..........................^ Motor Vehicle Equipment Purchases ___.-.._.-______--.$ Publications and Printing ... --..--.----...--$ Equipment Purchases ....,,_.___.......,,..__.._...,,__.,,.........$ Per Diem and Fees ...... ........................ .......^ Computer Charges ------.------_....-----._--.-_----_.---$ Other Contractual Expense ..........................^ Total Funds Budgeted ...._-..,, --..,,-,,$ State Funds Budgeted ...................... 4 Total Positions Budgeted

456,021
369,800 23,221 60,000 --0--
2,000 500
--0-- --0--
500 456,021 456,021
30

Budget Unit Object Classes:
Personal Services -..-.._..__......__-......__..-.....,,._...._---.$ Regular Operating Expenses .__--.....-_.-.....__-......__.$ Travel __-._. .......... -.....-4 Motor Vehicle Equipment Purchases .....--...------$ Publications and Printing _,,..___._--,,______.._-__.----..$ Equipment Purchases ......................-.....$ Per Diem and Fees ..................................................^ Computer Charges .......................... .--.....-^ Other Contractual Expense ....----...._.--.....------...$

369,800 23,221 60,000
--0-- 2,000 500
--0-- --0--
500

B. Budget Unit: Basic Employment, Work Incentive,
Other Manpower Services, and Unemployment Compensation Reserve Fund .....---.....---........--......$

2,957,798

1. Basic Employment Security Budget:

Personal Services ............................^

Regular Operating Expenses ................................^

Travel

..

.. ..^

14,223,661 3,679,740
450,000

4038

JOURNAL OF THE HOUSE,

Motor Vehicle Equipment Purchases ..._.___________,,_.$

Publications and Printing --..........-.._____________._________.$

Equipment Purchases ----------------___._...___..._._______.$

Per Diem and Fees .--....................$

Computer Charges --.--------.--.................................I

Other Contractual Expense ------____.___________.___.___.$

Total Funds Budgeted ..............................................I

State Funds Budgeted

.......____.$

Total Positions Budgeted

--0_ 250,000 150,000
5,000 --0-- 400,000 19,158,401 345,000
1,140

2. Other Manpower Training Budget:

Personal Services -------_.,,.....-...._--.________________________$

Regular Operating Expenses ._.,,____.________________________$

Travel ...........$

Motor Vehicle Equipment Purchases _--,,.--_.----_.$

Publications and Printing ........................................I

Equipment Purchases ..___$

Per Diem and Fees ............................_.__...____......__._._.$

Computer Charges ------------------.___._______._____._.__._$

Other Contractual Expense _ _ ..

$

Total Funds Budgeted ............ ................................. j

State Funds Budgeted

............. .^

Total Positions Budgeted

1,065,985 40,854 15,000
--0-- 25,000 25,000 5,000
--0-- --0-- 1,176,839 -- 0--
94

3. Correctional Manpower Program Budget:

Personal Services .__._._.._..._..... ............................$

Regular Operating Expenses _------_.____._____-.,,........$

Travel ........... .^$

Motor Vehicle Equipment Purchases ._.._........_......$

Publications and Printing .............. .........^

Equipment Purchases __________,,_-._._.._.._____...________________$

Per Diem and Fees .......................$

Computer Charges ____,,_____________.,,......_______,,_________......$

Other Contractual Expense .--_._.._..--..._............._.___.$

Total Funds Budgeted

.............

......^

State Funds Budgeted ........

^

Total Positions Budgeted

751,538 76,503 26,433 --0-- --0--
1,400 --0-- --0--
45,000 900,874 900,874
58

4. Unemployment Compensation Reserve Fund Budget:

Unemployment Compensation Reserve Fund _.. ._. $

Total Funds Budgeted .......... ^

State Funds Budgeted ............

..^

1,000,000 1,000,000 1,000,000

5. Work Incentive Budget:
Personal Services ,,.......--_-------------- Regular Operating Expenses _...--........ Travel -.......__,,_.__--...--.----------.------Motor Vehicle Equipment Purchases Publications and Printing ,,_..__._._......... Equipment Purchases .....__.....,,.--_--....

2,853,664 395,373 125,000 --0--
8,000 34,600

TUESDAY, MARCH 25, 1975

4039

Per Diem and Fees .---.-,, ........ .___.___...____$ Computer Charges --..----.-.-.._-.-....__.._.____.____$ Other Contractual Expense ---__----_--___...__,,...______,,_.$ W.I.N. Grants ............................. ^ Total Funds Budgeted -..-......I............? State Funds Budgeted ................ ^ Total Positions Budgeted

5,000 --0-- 2,697,598 1,000,000 7,119,235 711,924
232

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 ...............................$ Other Contractual Expense __.__-_...-...__..-..__-_-_._$ W.I.N. Grants ..-...--.----.$ Unemployment Compensation Reserve Fund --..-.$

18,894,848
4,192,470 616,433 --0-- 283,000 211,000 15,000 --0--
3,142,598 1,000,000 1,000,000

Section 28. Department of Law. Budget Unit: Department of Law __._.._._..___....._____.._____$

2,255,432

1. Attorney General's Office Budget:

Personal Services ......... -.-.-..._.--.-.$

Regular Operating Expenses ___..__.-___---..____.--.-.----$

Travel.................. ......... .^^

Motor Vehicle Equipment Purchases .....--....------$

Publications and Printing ..................._......_.....,,..__..$

Equipment Purchases .............---.....----..---...--.----^

Per Diem and Fees .............._.._......._......_.....-............$

Computer Charges ............ ... ... .....$

Other Contractual Expense .

. .,,- $

Total Funds Budgeted

.-.-.$

State Funds Budgeted ........... ._......_......._.....-....-...-$

Total Positions Budgeted

1,813,042 166,099 61,500 --0-- 23,950 34,600 26,700 740
30,000 2,156,631 2,089,431
90

2. State Library Budget:
Personal Services ..............................................I Regular Operating Expenses ............... --....^ Travel .........__....._...........-...........--.--.-------$ Motor Vehicle Equipment Purchases ....--...------.$ Publications and Printing ._-...._..-._._-.--....----.------$ Equipment Purchases ._...__.......----....----..--------.--$ Per Diem and Fees . ... .......--....----------------$ Computer Charges ..__._--..--..-------------------------I Other Contractual Expense ........................^ Law Books .._...._....._.........._...-..._...........-..-.-..--..-$ Total Funds Budgeted ..-.-------$ State Funds Budgeted ............. ^ Total Positions Budgeted

126,000 5,001 140
--0-- 250
2,000 550 60
--0-- 32,000 166,001 166,001
11

4040

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 Pees .....................................................^ Computer Charges ,,........$ Other Contractual Expenses ....................._..........--...$ Books for State Library ............................................$

1,939,042 171,100 61,640 --0-- 24,200 36,600 27,250 800 30,000 32,000

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

Section 29. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration (No direct State General Fund Appropriation is required) ........................^

--0--

1. Applicant Services Budget:
Personal Services .__-.._......,,._........__.__--..._.._._-......--_.$ Regular Operating Expenses ....................................$ Travel .................................$ Motor Vehicle Equipment Purchases ......................^ Publications and Printing ........................................$ Equipment Purchases ................ ^ Per Diem and Fees ...___..._..___............._._...._...__-__-$ Computer Charges ......................................................^ Other Contractual Expense ___.________.__,,________.____________$ Total Funds Budgeted .................. ^ State Funds Budgeted ...................... .....^ Total Positions Budgeted

410,063 38,990
2,500 -- 0--
24,600 1,640 2,000
264,500 --0-- 744,293 -- 0--
33

2. Classification and Compensation Budget:
Personal Services ........................... ^ Regular Operating Expenses ....................................^ Travel ....................................... ^ Motor Vehicle Equipment Purchases ____,,----__,,___--$ Publications and Printing .............. ....^

316,400 10,150
2,500 --0--
28,000

TUESDAY, MARCH 25, 1975

Equipment Purchases .............................^

Per Diem and Fees

-- ---------------- $

Computer Charges -- ..------_.__..-------.------,,._----.$

Other Contractual Expense ..,,..._ ...... __,,._.,,__._$

Total Funds Budgeted ......_.--------------------__----.$

State Funds Budgeted .............................................i

Total Positions Budgeted

3. Employee Services Budget:
Personal Services _------__----_------_------------------$ Regular Operating Expenses ........... .........J^ Travel ....................................... .....^ Motor Vehicle Equipment Purchases .....................^ Publications and Printing ------_--------------._------if Equipment Purchases ------------------------------$ Per Diem and Fees .......................... ^ Computer Charges ............. .^ Other Contractual Expense ----------------_--_.___.$ Total Funds Budgeted _.- _----------------_...------..$ State Funds Budgeted ...............................................^ Total Positions Budgeted

4. Training and Staff Development Budget:

Personal Services

...........$

Regular Operating Expenses .......... ..^

Travel-..------..-------.----------!

Motor Vehicle Equipment Purchases ------.------$

Publications and Printing ..................... .^

Equipment Purchases __...----. -- .------------------$

Per Diem and Fees ._...._.._ --------------------------$

Computer Charges ._.----------.------._----..------_----$

Other Contractual Expense ,,_.----_----------__--_--$

Total Funds Budgeted __--------------------------$

State Funds Budgeted ------_------------------------$

Total Positions Budgeted

5. Insurance and Income Maintenance Budget:

Personal Services ------------.------------------$

Regular Operating Expenses __--------_--.------.----$

Travel ....._..

.......... .....^

Motor Vehicle Equipment Purchases ........--...----$

Publications and Printing ................ ^

Equipment Purchases _----.-- .__--------,,----$

Per Diem and Fees

.............. ..^

Computer Charges .__.----------------__----,,.__----.$

Other Contractual Expense --.------------.----.$

Total Funds Budgeted ----------------___----_----.__$

State Funds Budgeted . . ..

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

Total Positions Budgeted

4041
2,000 500
49,049 --0-- 408,599 --0--
22
260,000 8,625 2,500
--0-- 5,500 1,200 700
100,000 --0-- 378,525 --0--
20
193,775 14,900
4,900 --0--
4,400 1,850 20,250
200 --0-- 240,275 --0--
14
182,500 16,835
1,575 --0--
2,600 560
9,000 15,600 --0-- 228,670 --0--
16

4042

JOURNAL OF THE HOUSE,

6. Planning, Research and Special Services Budget:

Personal Services ............................................^

Regular Operating Expenses __.._._.____.__......______,,--....$

Travel ............................$

Motor Vehicle Equipment Purchases ..--..........---..$

Publications and Printing ........................... ^

Equipment Purchases ................................................^

Per Diem and Fees ....................................................i

Computer Charges ...........$

Other Contractual Expense

_._.,,,,...... $

Total Funds Budgeted

..-...,,$

State Funds Budgeted ...

.......-.-$

Total Positions Budgeted

91,620 4,400 2,000 -- 0--
550 --0--
400 1,900 300,000 400,870 --0--
5

7. Administrative and Staff Services Budget:

Personal Services .............................$

Regular Operating Expenses ....................................$

Travel ...............................................^

Motor Vehicle Equipment Purchases ...... ....--..--...$

Publications and Printing

..............$

Equipment Purchases ................................^

Per Diem and Fees ........................... ....^

Computer Charges __,,..__.. .._......... ........... $

Other Contractual Expense _._.---.. ..... _..---.$

Total Funds Budgeted .........................^

State Funds Budgeted ................................................^

Total Positions Budgeted

158,000 9,550 600
-- 0-- 2,300 1,400 300 6,000
--0-- 178,150 --0--
13

8. Director Office Budget:

Personal Services ........................... ..^

Regular Operating Expenses ....................................^

Travel ....................

^

Motor Vehicle Equipment Purchases ......................$

Publications and Printing _.____..___.....-.-......_........----$

Equipment Purchases ....--.......................--.............%

Per Diem and Fees ......................... ^

Computer Charges ......................................................$

Other Contractual Expense .............._.._.--.--.._....--..$

Total Funds Budgeted ............................ ..^

State Funds Budgeted __,,___.________.--._.._____...._________.----$

Total Positions Budgeted

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

Other Contractual Expense ............ ...^

127,600 6,200 4,000
-- 0-- 2,000 1,300 2,600
--0-- --0-- 143,700 --0--
6
1,739,958 109,650 20,575 --0-- 69,950 9,950 35,750 437,249 300,000

TUESDAY, MARCH 25, 1975

4043

Section 30. Department of Natural Resources. Budget Unit: Department of Natural Resources.._.$ 30,829,188

1. Internal Administration Budget:
Personal Services ................................... ^ Regular Operating Expenses .................... -.^ Travel _._..._.._. .............. .^ Motor Vehicle Equipment Purchases .____,,_.__----_--$ Publications and Printing ........................................$ Equipment Purchases .............................-...............-.% Per Diem and Pees ..........................^ Computer Charges ........................ -^ Other Contractual Expense ......................................% Total Funds Budgeted ............... ..^ State Funds Budgeted .......................^ Total Positions Budgeted

948,702 197,557
11,282 4,700 70,000 11,665 30,600
140,380 --0-- 1,414,886 1,414,886
74

2. Public Relations and Information Budget:
Personal Services ___._.,,_-...,,_____.____.______,,__.__.,,._,,_.-_$ Regular Operating Expenses ._..,,--,,---------------$ Travel __.....__..._._._...___._.._.,,-_,,--__.__--_--__-.-.---.$ Motor Vehicle Equipment Purchases .........--.._.--..$ Publications and Printing ..........................................^ Equipment Purchases ........................... ....^ Per Diem and Fees ...... .-....$ Computer Charges .....................................................^ Other Contractual Expense ................... ..^ Total Funds Budgeted .............. ...^ State Funds Budgeted ........_. ... ................................i Total Positions Budgeted

3. Planning and Research Budget:

Personal Services ._..._ ..... ---_..-- .-------...$

Regular Operating Expenses __..................___..._._._.....$

Travel ....... .._...,,.__........_........,,..___...$

Motor Vehicle Equipment Purchases .___,,_--____-._.__$

Publications and Printing

.......... 4

Equipment Purchases

...........^

Per Diem and Fees .............................. ^

Computer Charges ..........$

Other Contractual Expense ... ..._..._ ..__.___._.$

Land and Water Conservation Grants .__......_...--_.$

Recreation Grants .................... .....4

Total Funds Budgeted .............................................^

State Funds Budgeted ....._...__._.....-.. ........................%

Total Positions Budgeted

337,385 85,225
9,312 12,300 325,000 15,500 13,000
500 --0-- 798,222 798,222
25
918,000 89,980 68,000
5,000 75,000 10,800 99,620 3,000 108,909 3,600,000 300,000 5,278,309 1,462,774
65

4. Game Management Budget:
Personal Services ..............................^ Regular Operating Expenses ....................................% Travel .-. ....................... .....^

1,323,000 522,913 16,692

4044

JOURNAL OF THE HOUSE,

Motor Vehicle Equipment Purchases ---- ------$ Publications and Printing ............................... ..$ Equipment Purchases ....................................... ^ Per Diem and Fees .................................. 4 Computer Charges ........................................... ..^ Other Contractual Expense _--------_----------$ Capital Outlay ---..----------------------$ Total Funds Budgeted ........ ..^ State Funds Budgeted --------------------------$ Total Positions Budgeted

176,400 15,000 29,800 3,500 6,500 19,267 --0-- 2,113,072 1,161,453
110

5. Fisheries 'Management Budget :
Personal Services ---- .------------------------$ Regular Operating Expenses .------------------$ Travel ..........................................................$ Motor Vehicle Equipment Purchases -------- ------ $ Publications and Printing ---- ---------------- $ Equipment Purchases .................$ Per Diem and Fees ------------------------_----$ Computer Charges .................................................. ....i Other Contractual Expense ........................ .^ Capital Outlay .---...... ..... ...---$ Total Funds Budgeted .............. ..^ State Funds Budgeted ..................... ............^ Total Positions Budgeted

1,382,923 578,590 33,500
104,900 10,500 101,325 3,000 3,125 36,000
309,000 2,562,863 2,062,448
110

6. Law Enforcement Budget:
Personal Services .............................. ..^ Regular Operating Expenses ---------- ------ ------ $ Travel---------------_.---...--_---.-$ Motor Vehicle Equipment Purchases ....._-- ...----..$ Publications and Printing ------------------------ $ Equipment Purchases ......................... ^ Per Diem and Fees .... ----.......------ .,,...$ Computer Charges ...................................................$ Other Contractual Expense ..................... ..^ State of Georgia General Obligation
Debt Sinking Fund ................................. .^ Total Funds Budgeted ..........................$ State Funds Budgeted .......................... .....^ Total Positions Budgeted

3,012,314 873,650 52,600 311,000 29,400 313,297 26,080 --0-- --0--
27,000 4,645,341 4,463,657
244

7. Project Evaluation Budget:
Personal Services .................................................$ Regular Operating Expenses --_------------------.$ Travel .................................... .^ Motor Vehicle Equipment Purchases ._------------$ Publications and Printing ............................. ..^ Equipment Purchases ----------------------------$ Per Diem and Fees ----.-- ------------------------$ Computer Charges --,,----.----------------____$

66,900 12,025 2,645 4,100
300 1,600 --0-- --0--

TUESDAY, MARCH 25, 1975

4045

Other Contractual Expense ----------------_----$ Total Funds Budgeted __-------------_----_------__--.$ State Funds Budgeted . - .------ ------ -----,,$ Total Positions Budgeted

--0-- 87,570 87,570 4

8. Coastal Marshlands Protection Budget:
Personal Services .--------_------.----------$ Regular Operating Expenses ------------_--------$ Travel ---_---.--_--..------------------$ Motor Vehicle Equipment Purchases ----___--$ Publications and Printing ------------------------$ Equipment Purchases ------------------------------.$ Per Diem and Fees _____--___._---------- ......$ Computer Charges ----------------------------,,_--$ Other Contractual Expense --__.------__._----______--$ Total Funds Budgeted _--------------------------$ State Funds Budgeted -...--.---- -------$ Total Positions Budgeted

33,600 6,875 2,500 3,500 650 1,065 2,640
--0-- --0--
50,830 50,830
2

9. State Parks and Historic Sites Operations Budget:
Personal Services ----------------------------_----$ Regular Operating Expenses __----.._--------,,_.--..___.$ Travel ,,--------------------------------------------$ Motor Vehicle Equipment Purchases ---- ._--------$ Publications and Printing -,,------,,--------------.$ Equipment Purchases -------------------- --________.$ Per Diem and Fees ----------------------.---- --$ Computer Charges _------__----------------_------$ Other Contractual Expense -------------------$ Capital Outlay --.--------------------$ Authority Lease Rentals .--._._--_--.___------._----.$ Total Funds Budgeted ------ .,,-------$ State Funds Budgeted _------------__..._----_.___.__----,,$ Total Positions Budgeted

4,565,385 2,728,643
64,500 240,300
36,000 277,090 57,500 --0-- 28,500 360,000 2,526,000 10,883,918 8,237,409
381

10. Geologic and Water Resources Research Budget:
Personal Services ...-........_._.--..--___.........,,.-..-_..-_$ Regular Operating Expenses --------------------.$ Travel .._-.__.....-................._..__-...,,__......_._._...._....$ Motor Vehicle Equipment Purchases -----------$ Publications and Printing ___.----__--------_------_--.$ Equipment Purchases ......--.--.........._.-,,__.-...._.--.$ Per Diem and Fees -------- .-------------------- $ Computer Charges ----------_----------_------------_$ Other Contractual Expense _ ------ _ -- .....__._,,.....$ Contract with U.S. Geological Survey for
Ground Water Resources Survey .------.____.----_$ Topographic Mapping United States
Geological Survey -----------__-----._-------.$ Total Funds Budgeted ....---- .....__,,_,,.,,__........._,,.$ State Funds Budgeted ------ -- -- _.,,_.,,_-.-....._$ Total Positions Budgeted

507,608 76,484 25,500 27,600 26,000 30,200 2,500
--0-- 30,000
202,000
1,050,000 1,977,892 1,707,892
34

4046

JOURNAL OF THE HOUSE,
11. Water Supply Budget:
Personal Services ..,,.,,......__......_.__..___._._.-.,,.._____.____.$ Regular Operating Expenses ----...----------...--..-....I Travel .....~.....-__._.-._.__......._.....-_.__-..___._.....__.__....____.$ Motor Vehicle Equipment Purchases ___.__--________.-..___.$ Publications and Printing ___________________.______________________$ Equipment Purchases -....____._.....___,,..____._._.........._...$ Per Diem and Fees --.----.-_-.-..-___--_-.-_-__--.-..-.-----..$ Computer Charges ___.__...._._.__-...______......____...._._.____...-.$ Other Contractual Expense ............_._._..--_.,,,,.--..$ Fluoridation Grants ..___.......__........_.......__.........._.....$ Total Funds Budgeted .....__.__.................._.._........._.....$ State Funds Budgeted _._.....___.__..........._...._..........-...$ Total Positions Budgeted

498,183 42,741 27,459 --0--
6,000 23,077 --ft-- 10,000 --0-- 200,000 807,460 807,460
34

12. Water Quality Budget:
Personal Services .....__.......__......_.._._.....__......_......____..$ Regular Operating Expenses .-.--_--...__-----_,,...-_.$ Travel ....___..._..._.,,_......_..,,......,,.........._____...__.___._.,,_..._$ Motor Vehicle Equipment Purchases _____._.._____,,..._..$ Publications and Printing ........................................I Equipment Purchases .--__......-...........___......__.___......._.$ Per Diem and Fees ___.........__..._...._..-_.....__..._.............._$ Computer Charges ......_.--....._-......,,.-...._.._......,,......$ Other Contractual Expense ....._..._.._................_..__....$ Water and Sewer Grants ......__.__....--__._...__.____...----.$ Total Funds Budgeted ._..____._.._______._.__.____.___._......_.___$ State Funds Budgeted ._...__.____....__._._.......__.._......_.......$ Total Positions Budgeted

1,519,000 96,095 43,800 20,000 32,000 54,540 3,800
105,500 437,500 2,000,000 4,312,235 3,062,235
104

13. Air Quality Budget:
Personal Services .....................__..-.._.......__.__......_.......$ Regular Operating Expenses ............_......._......_.....$ Travel ..........................................................................I Motor Vehicle Equipment Purchases ....._----..........$ Publications and Printing ..........................................if Equipment Purchases .............--......_._...__.,,_.........--_.$ Per Diem and Fees .........__._........._...._.__.___.......... ...$ Computer Charges ........_..........-............-..........,,......$ Other Contractual Expense ,,...._.._...........-........_.....$ Total Funds Budgeted ....._......._..___.............._._._......___.$ State Funds Budgeted ._...._._-....___.._...._.,,..._......__....$ Total Positions Budgeted

1,132,000 86,809 54,300 6,000 3,000 28,000 500 58,700 9,500
1,378,809 828,309 74

14. Solid Waste Management Budget:
Personal Services ._..........._......--..--_..--......._.......-_.--$ Regular Operating Expenses --...-...---......----..._......$ Travel .............._.........._.................._._......___._...._.........__$ Motor Vehicle Equipment Purchases --.._._,,.-------..$ Publications and Printing ......_.........___..._.__...,,..._.......$ Equipment Purchases ,,_._,,.....-__--__...-..--._..-_..-_......._.$

573,711 27,198 31,180
--0-- 6,500 6,000

TUESDAY, MARCH 25, 1975

4047

Per Diem and Fees ................................... .....4 Computer Charges .......--..._.---..._,,.---.... ............ _.____^$ Other Contractual Expense .-..-...--.....-..,,...-.......,,.$ Solid Waste Grants .............. ..^, Total Funds Budgeted .................... ......^ State Funds Budgeted ...................... ^, Total Positions Budgeted

1,500 --0-- --0-- 2,000,000 2,646,089 2,646,089
35

15. Land Reclamation Budget:
Personal Services ..................$ Regular Operating Expenses .......................... ...^, Travel ....................... ....^ Motor Vehicle Equipment Purchases .._.__----.----.$ Publications and Printing _....-..._..-....,,...-_...--..----...$ Equipment Purchases -,,._........,,..--....-----.----------$ Per Diem and Fees ...._....._.....__.,,_...__....._-.....--.....-..$ Computer Charges ........................... ...J$ Other Contractual Expense .................... ...^ Total Funds Budgeted ....... ...^ State Funds Budgeted ........................ .^ Total Positions Budgeted

154,874 25,205 9,775 14,000 1,500 1,600 2,000 34,500
--0-- 243,454 243,454
9

16. Heritage Trust Budget:
Capital Outlay .................................. ^ State of Georgia General Obligation
Debt Sinking Fund ....................... .^ Total Funds Budgeted ............._,,......,,-.._._-.__.....--.$ State Funds Budgeted ............ .^ Total Positions Budgeted

590,000
302,000 892,000 892,000
0

17. Lake Lanier Islands Development Authority Budget :
Payments to Lake Lanier Islands Development Authority for Operations ......................$
Payments to Lake Lanier Islands Development Authority for Capital Outlay ,,.,,_..___.__..__-_____._____$
Total Funds Budgeted ...... ...... ......$ State Funds Budgeted ........................ ..^ Total Positions Budgeted

500,000
52,500 552,500 552,500
0

18. Jekyll Island State Park Authority:
State of Georgia General Obligation Debt Sinking Fund ........................
Total Funds Budgeted ...................... State Funds Budgeted .................... Total Positions Budgeted
Budget Unit Object Classes:
Personal Services --,,_---,,--. Regular Operating Expenses

350,000 360,000 350,000
0
16,973,585 5,449,990

4048

JOURNAL OF THE HOUSE,

Travel ._,,,,.._.,,_,,.,,,, .... ...... ...._$ Motor Vehicle Equipment Purchases _------_.--.__..$ Publications and Printing _......._......._._..,,___...._.__,,.._.$ Equipment Purchases __----.____-----__--._.-------..._.___.$ Per Diem and Pees ......................................................I Computer Charges ......_._._........_..._.$ Other Contractual Expense .._..__._._....__.$ Land and Water Conservation Grants __..._.._._....._._.$ Recreation Grants ....._...........,,.....__..-..___.-_._....___......_$ Pluoridation Grants .-..._..__.._._......_.._.........,,...:._..._......$ Water and Sewer Grants ._.._,,....._._.__..._........_..__._....$ Solid Waste Grants _...___________._._______.____...,,._____.________$ Contract with U. S. Geological Survey for
Ground Water Resources Survey ...._._.____....._.--_.$ Contract with U.S. Geological Survey for
Topographic Maps ______________--..____..._...____________________.$ Payments to Lake Lanier Islands
Development Authority for Operations ______,,_____.$ Capital Outlay ............_._.-....__.,,-.....__.._._.___.._...___.....__.$ Authority Lease Rentals ....__..__..___..._.___..._.__...,,.......$ State of Georgia General Obligation
Debt Sinking Fund ...........................................I Payments to Lake Lanier Islands Development
Authority for Capital Outlay .._._...._..,,.....__......_.$

453,045 929,800 686,850 905,559 246,240 362,205 669,676 3,600,000 300,000 200,000 2,000,000 2,000,000
202,000
1,050,000
500,000 1,259,000 2,526,000
679,000
52,500

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

Provided, however, that none of the above appropria tion 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 pur pose shall be made prior to the official approval thereof by the Board of Natural Resources.

Provided, that of the above appropriation to the Planning and Research Budget, $21,000 is designated and committed to the Georgia Special Olympics Program.

Provided, that of the above appropriation to the Parks and Historic Sites Budget, $60,000 is designated and committed for camping for the Mentally Retarded.

Provided, that of the above appropriation relative to Planning and Research, $100,000 in Grants is designated and committed for renovation of the 4-H Club property and adjacent property acquired for park and recreation purposes. Provided further that these funds shall be matched with local and Federal funds.

TUESDAY, MARCH 25, 1975

4049

Provided, that of the above appropriation relative to Capital Outlay, $60,000 is designated and committed to build and equip a pavilion at Red Top Mountain State Park.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $350,000 is specifically appropriated for the pur pose of financing Capital Outlay projects at Jekyll Island through the issuance of not to exceed $4,000,000 in princi pal amount of General Obligation Debt.

Section 31. Department of Offender Rehabilitation.

A. Budget Unit: Department of Corrections ___________.______$ 4,108,169

1. General Administration and Support Budget:

Personal Services ..______________... ........._.....__.___.__ ...... $

Regular Operating Expenses ._.._.. ___.__.__.________.____.___$

Travel .............

.^

Motor Vehicle Equipment Purchases ._. ... ....... ____$

Publications and Printing ....... ............_. .. ________._____$

Equipment Purchases ____._____.___________.___._____.__________._$

Per Diem and Fees .........._......_........ .... ... ..... ......._. $

Computer Charges ...._........-...._............_.. __ ..... ...._....$

Other Contractual Expense ...................................^

Mentally Retarded Offender Program .............. ..^

Total Funds Budgeted .. ........._...._............ _______.______.$

State Funds Budgeted ______.... __________ _____.______$

Total Positions Budgeted

2,506,447 548,066 85,000 4,900 45,500 41,770 37,820 324,442 57,500 150,000
3,801,451 3,801,451
191

2. Construction, Maintenance, and Special Projects Budget:
Personal Services ................_......_..._. ______________.____.$ Regular Operating Expenses ...._.............. _____ ...._..$ Travel .................._........_........_......................... ...__$ Motor Vehicle Equipment Purchases . ..... _ .... ..._ _ $ Publications and Printing ......................................^ Equipment Purchases ______ ................. .... .._.. ... ..... $ Per Diem and Fees ....................................................i Computer Charges ..... ... _ __________ ......$ Other Contractual Expense .. ... ...........-.._.._...... _____.$ Total Funds Budgeted _.___..___________________.___________.____.__$ State Funds Budgeted _______ .......... ._______._____$ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services ___.____..___...__..____.._____.___._____.______.____.$ Regular Operating Expenses _ ... ____________________ $ Travel ______________________________________ .___________$ Motor Vehicle Equipment Purchases ._... --: __ ....__..$

184,418 45,300 20,000
4,000 1,000 --0-- 40,000 --0-- 12,000 306,718 306,718
11
2,690,865 593,366 105,000 8,900

4050

JOURNAL OF THE HOUSE,

Publications and Printing ........................................$ Equipment Purchases ................................................$ Per Diem and Pees ...................................$ Computer Charges ......................................................^ Other Contractual Expense ,,,,_..-,,-.$ Mentally Retarded Offender Program ____...______.___.$

46,500 41,776 77,820 324,442 69,500 150,000

B. Budget Unit: Correctional Institutions ...-...-..,,..-.$ 38,810,057

1. Georgia Training and Development Center Budget:
Personal Services .................... .^ Regular Operating Expenses ........ ___._.$ Travel-----------.-----------_---$ Motor Vehicle Equipment Purchases ------..----..---$ Publications and Printing ........................................$ Equipment Purchases ____,,_._..-__$ Per Diem and Pees ....................................................$ Computer Charges ,,--_____-_,,-___,,_,,_____--._,,___..,,______,,__$ Other Contractual Expense ......................................$ Total Funds Budgeted .........._....._._....._...._.........._,,...$ State Funds Budgeted ..............................................^ Total Positions Budgeted

922,601 452,393
1,950
22,500 125
35,860 19,000 --0-- --0-- 1,454,429 1,122,629
83

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 ......................................... ....^ Other Contractual Expense _-_.-_--___--.--_--_......,,.$ Capital Outlay ......____......._......-__.._.....__......_._..._-._,,._,,.$ Total Funds Budgeted ...._._._-........_.__......_........_.._.......$ State Funds Budgeted ._...._..._._.........-,.___._......,,.._....,..$ Total Positions Budgeted

2,498,800 1,422,075
8,400
66,000 673
90,075 22,000 --0-- --0-- 40,000 4,148,023 4,136,023
227

3. Georgia Diagnostic and Classification Center Budget:
Personal Services __._..-___.......__.....__._...___......,,...,,......$ Regular Operating Expenses ....................................^ Travel .............................................. ......$ Motor Vehicle Equipment Purchases ,,_________________.__$ Publications and Printing __...__.__,,....,,........,,_......,,..$ Equipment Purchases ..-.....----...-..-...-.-.........-..---...I Per Diem and Fees ...............................$ Computer Charges ...............................................^ Other Contractual Expenses .............................$

2,582,238 1,111,100
4,000 34,700
1,000 83,525 49,875 --0-- --0--

TUESDAY, MARCH 25, 1975

4051

Authority Lease Rentals --._-__.__.__-__,,.$ Total Funds Budgeted ....................... ....^ State Funds Budgeted _...__....,,..._........_.,,..._...._.._,,._.,,$ Total Positions Budgeted

640,000 4,506,438 4,504,638
246

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 ................... ...^, Other Contractual Expense __________._____,,__--____._._,,__-__.$ Total Funds Budgeted ...._...._._...-...--..-,,......_.-_..$ State Funds Budgeted .....................-...........-..-...-i Total Positions Budgeted

5,061,281 3,048,960
6,000 88,000 1,600
146,000 88,000
--0-- --0-- 8,439,841 8,304,841
460

5. Consolidated Branches Budget:
Personal Services _... -- ......... ..,...$ Regular Operating Expenses ...................................$ Travel -.__.___._._.__.._$ Motor Vehicle Equipment Purchases _.-.,_......._..,,_._.$ Publications and Printing .__..,,....,,_...__...._.._.,,_._..._...,,$ Equipment Purchases ...............................................I Per Diem and Fees ............................ ^ Computer Charges __......,,_.__-.-.,,--......,_.__..._-..,,...........^ Other Contractual Expense .........._..._..-..__..-._,,--__,,$ Total Funds Budgeted .............................-..................$ State Funds Budgeted _._.___..__._.....,,_.,,.__.______.-_.._...__. $ Total Positions Budgeted

3,654,400 2,174,700
15,700 55,000
2,560 243,000 124,000 --0-- --0-- 6,269,360 5,897,360
346

6. Montgomery Correctional Institution Budget:
Personal Services ..................... ^, Regular Operating Expenses ............ .....^ Travel __...__......_............_.........-..__..._....-......_......_........_.$ Motor Vehicle Equipment Purchases ._. ________..... ,,.._. _.$ Publications and Printing ....... ...^....... ^ Equipment Purchases .................................... .........^, Per Diem and Fees ................._..._....._..._...__._.......- .._.$ Computer Charges ....._......-_.....-_...--._..--_.._........-.._..$ Other Contractual Expense ....................^ Authority Lease Rentals ............._..-........_.,,.... .........$ Total Funds Budgeted __..__..__._,,._...,,__..____..,,_..___..__.___.$ State Funds Budgeted ............... ^, Total Positions Budgeted

640,000 352,000
3,550 9,000
350 27,800
9,800 --0-- -- 0-- 100,000 1,142,500 1,124,500
60

4052

JOURNAL OF THE HOUSE,

7. Walker Correctional Institution Budget:
Personal Services ...........------..--.....--.....................I Regular Operating Expenses .__.--_.___.--_____--_____--.____$ Travel ,,.._.__...._...__...__..__..__._...___,,...__...__,,....................._.$ Motor Vehicle Equipment Purchases ...._......._....._.$ Publications and Printing _,,____,,______,,_______________________$ Equipment Purchases ._..,,_._____,,,,__.___________________._______.$ Per Diem and Fees _.,,,,_-,,_-.__._____$ Computer Charges .__._....-_._-_-._.._..-.-.__-.-_.._.,,_._.-__..__...$ Other Contractual Expense _._.._..-..._...-..._--._._.,,....__$ Authority Lease Rentals _._.___.__.___.__.____.________._..___,,_.$ Total Funds Budgeted ._...._._......_..................__......_.._...$ State Funds Budgeted _._.....,,__........_...._........_..........._.$ Total Positions Budgeted

598,000
376,000 2,450 15,000 425 32,800 10,500
--0-- --0-- 100,000
1,135,175 1,135,175
59

8. Kemper Correctional Institution Budget:
Personal Services _.___......__--..__-.._--....-__.....__.....-_..... $ Regular Operating Expenses ....._..___.._......_._..._._.......$ Travel __.._...____.... .__._..___..-...__.,,...._.-....._..._.._._..._._._._._. $ Motor Vehicle Equipment Purchases ---__.-......_.--...$ Publications and Printing __,________.______________________________$ Equipment Purchases ----..--......----..--....--.........-.-I Per Diem and Fees _.__--.____._______..______.__._____.____.__.___.$ Computer Charges ,,.----...._,,--.._......__.----_.....,,,,.-.,,.$ Other Contractual Expense ______________,,________.____,,_____$ Total Funds Budgeted -_._......_......__....._-....._....._-__....$ State Funds Budgeted ........___,,....,,........,,...........,,_.....$ Total Positions Budgeted

500,000
416,000 2,500 7,500 300 10,000 10,000
--0-- --0-- 946,300
946,300 58

9. Georgia Women's Correctional Institution Budget:

Personal Services

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

Regular Operating Expenses ___.,,...__.,,_......_._...__.....$

Travel ............................................................................I

'Motor Vehicle Equipment Purchases ____-___--_____,,_.__$

Publications and Printing _...__............_....,,......._....__.$

Equipment Purchases .,,......--..,,...._____..-.._......_._........$

Per Diem and Fees --..----...---...-..:..----.__--_.______._.$

Computer Charges _--._---_.._.--.._--._.__..._......_._...._._ $

Other Contractual Expense ......................................I

Total Funds Budgeted ...._._......__..........,,..__.............___.$

State Funds Budgeted ..............................................I

Total Positions Budgeted

841,350 217,150
2,000
21,500 400
25,500 4,100 --0--- 2,500 1,114,500 1,114,500
104

10. Ingram Correctional Institution Budget:
Personal Services .........--..................--...-............-....I Regular Operating Expenses ..................................I Travel .....-_......._-....__._......._....-._.___._.....-....__-__.....-.__..__.$ Motor Vehicle Equipment Purchases --..._..--......_...$ Publications and Printing __.......,,.__..........._.....___._...$ Equipment Purchases ._-_._..-_-......-_......___....__.....,,.,,...$ Per Diem and Fees ....___..-.-_-...._.......,,.......-.........._._..$

355,000 305,000
2,000
20,000 225
10,000 7,500

TUESDAY, MARCH 25, 1975

4053

Computer Charges ____.___,,.____.____--___.__,,___.__._--__________$ Other Contractual Expense __..._.,,--_,,--.._-...___...__$ Total Funds Budgeted -_.-._-...._......_..__-_-.--_.-_-..._.$ State Funds Budgeted ..........-_....._.._....,,_......._....__....$ Total Positions Budgeted

--0-- --0-- 699,725 699,725
58

11. West Georgia Community Correctional Institution Budget:
Personal Services ._...._._$ Regular Operating Expenses ...... ................._....._.....$ Travel __..._...__..._.._...._.-...__...._._..___...._._......_._............_..,,$ Motor Vehicle Equipment Purchases ------__.._--.--.$ Publications and Printing ...._._......_.._._.....,,...__........._.$ Equipment Purchases ........__..._......._.._....-_.__-..._..-.....$ Per Diem and Fees .............._._._....._....__....._...............$ Computer Charges .--..........--...--...--........._..._.........._$ Other Contractual Expense ....._......_...._..,,......._..........$ Total Funds Budgeted ........_.....-...............................$ State Funds Budgeted ....._..........-.......................-....-$ Total Positions Budgeted

650,000 497,000
4,000 30,000
1,000 536,475
18,000 --0-- --0-- 1,736,475 1,736,475
150

12. New Youthful Offender Institution Budget:

Personal Services ....................._...._......__.._.._....._..._.....$

Regular Operating Expenses .--___.--___--__.__-_.----_.._-$

Travel .................._.............................-....-.........-.......$

Motor Vehicle Equipment Purchases .._.....................$

Publications and Printing ............-.-.-..-....-...--_..--.$

Equipment Purchases .............._......................_..-......$

Per Diem and Fees ._-.__....-_....__.-...._.._....-._............_....$

Computer Charges ...__.------.___--...--__.-_,,___.-..-.-_...--$

Other Contractual Expense ___._____--___.__,,___..___-,,______.$

Capital Outlay

..

.

$

Total Funds Budgeted -....__......_.-_...._-....-..........._-$

State Funds Budgeted - ..........._...................... $

Total Positions Budgeted

1,100,000 400,000 6,000 40,000 500 35,000 20,000 --0-- --0--
1,440,000 3,041,500 3,041,500
200

Provided, that of the above appropriation, $3,041,500 is designated and committed for the Glynco Correctional Institution, or such other youthful offender institution as may be designated by a majority of the membership of the Fiscal Affairs Subcommittees of the House and Senate. Provided, further, that these funds shall only be available for expenditure at State-owned facilities.

13. Work Release Center Budget:
Personal Services ........-...._........_....._._...___._..._.___. .-.$ Regular Operating Expenses .-.._...-....-._...,,..-.--._..--.$ Travel .......... ...........,._..........._.............__......_..........._.....$ Motor Vehicle Equipment Purchases ............--_--.....$ Publications and Printing ___.____.._.___._,,.___._______.__.--__$ Equipment Purchases __.._._.___..__.-.-____.-__._--__..--_._--__$ Per Diem and Fees .........._....._.....--...------...----....._$

172,000 154,000
2,200 5,000
211 5,492 8,500

4054

JOURNAL OF THE HOUSE,

Computer Charges __--........--.....-.--..................$ Other Contractual Expense -----_..-- .--.-.-- ... ...._$ Total Funds Budgeted ................if State Funds Budgeted .................. ^ Total Positions Budgeted

--0-- --0-- 347,403 347,403
16

14. Andromeda Center Budget:

Personal Services

................ .^

Regular Operating Expenses ....................................^

Travel ................................. .^

Motor Vehicle Equipment Purchases .__..-........_.....$

Publications and Printing __..-._.$

Equipment Purchases .... ... ...-----.$

Per Diem and Fees ....................................................$

Computer Charges ......-.._......---.-...--$

Other Contractual Expense __._____,_...-____.___._.__..___._._.$

Total Funds Budgeted ................................................^

State Funds Budgeted ..... .,...$

31,000 --0-- --0-- --0-- --0-- --0-- --0-- --0-- -- 0--
31,000 31,000

15. Impact Centers Budget:
Personal Services ...... ....... ..,,,,,,........$ Regular Operating Expenses ...__..........-$ Travel ........... ..__.,,.,, ..........$ Motor Vehicle Equipment Purchases --.._..---..........$ Publications and Printing ,,-____..__------,,__.------__-.$ Equipment Purchases --.----....---.-..--..-----$ Per Diem and Fees __.-- ...--.--..._..----...._.--.......... $ Computer Charges ........... .... ...-..$ Other Contractual Expense ....-- -----......-- ...$ Total Funds Budgeted ...............$ State Funds Budgeted .__.....-..._......___....._._.............._..$

98,488 --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
98,488 98,488

16. Talmadge Memorial Hospital Unit Budget:

Personal Services

.,,---,,.-.-,,-$

Regular Operating Expenses ..................................,.$

Travel ..........................................................................I

Motor Vehicle Equipment Purchases ........................$

Publications and Printing __...__..._......._.........--._._.._,,$

Equipment Purchases ...._.....--...__.._,,--_.._.._.----__......$

Per Diem and Fees ._.. -..--._._--. ......--........,,-- ... $

Computer Charges ._--.--......------.. .-----_.,,--.....----$

Other Contractual Expense

...-.....$

Total Funds Budgeted ...................._........................$

State Funds Budgeted _...._.-_-_-......-..-__.... ..........$

Total Positions Budgeted

185,000 45,000
1,500 --0-- --0-- --0-- --0-- --0--
-- 0-- 231,500 231,500
20

17. Food Processing and Distribution Unit Budget:

Personal Services .........._.............__..__......._....-__..........$

Regular Operating Expenses ....................................^

Travel

.................^

Motor Vehicle Equipment Purchases ... ....,,------..$

49,000 10,000 1,500 --0--

TUESDAY, MARCH 25, 1975
Publications and Printing .........................$ Equipment Purchases .-...------._--,,.-..--,,--....,,...---.$ Per Diem and Fees ....----.-.---..-- ..-- .--$ Computer Charges ......................... ......^ Other Contractual Expense --.---...,,.....-----.--....$ Total Funds Budgeted ..-......_.._.....-....._.-..--..._-..._.--.$ State Funds Budgeted ............................................^ Total Positions Budgeted

4055
--0-- --0-- --0-- --0-- --0--
60,500 60,500
7

18. Court Costs, Overtime, and Inmate Release Funds Budget:
Personal Services -- Overtime . ...................--..........^ Regular Operating Expenses ................ .....^ Travel ........................................^...........^.................^ Motor Vehicle Equipment Purchases ______._____--.--_.$ Publications and Printing .......................................^ Equipment Purchases ..............................................^ Per Diem and Fees ___-....-__-...--....--...--.._.--..--......$ Courts Costs .,,..,,,,. .... ...,,..$ County Subsidy .............$ Computer Charges ._-.,,..---.-..--..----.---..,,--......._..--..-$ Other Contractual Expense .................... ....^ Inmate Release Fund ,,..._,,,,..-- $ Total Funds Budgeted ............$ State Funds Budgeted ............................................^ Total Positions Budgeted

50,000 --0-- --0-- --0-- --0-- --0-- --0-- 110,000 2,737,500 --0-- --0-- 383,000 3,280,500 3,280,500
0

19. Pre-release Centers Budget:

Personal Services ...... ..4

Regular Operating Expenses ,,..--.-......--......... ____...__$

Travel ............... ^

Motor Vehicle Equipment Purchases .......................^

Publications and Printing

. ..............$

Equipment Purchases _. .__..._...................._......._......._.$

Per Diem and Fees ...........................__.......................$

Computer Charges .. .. .....-.-......-...,,.....-...........--..,,$

Other Contractual Expense ....................................^

Total Funds Budgeted .............................................J$

State Funds Budgeted .......................................i......^

Total Positions Budgeted

534,000 263,550
9,000 15,000
1,000 159,450 12,000 --0--
3,000 997,000 997,000
51

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 ............_,,.......-....._................._.._....$ Other Contractual Expense ........._..-_......_.............. _.$ Court Costs ....- .................-............_....._.....-_-........._.$

20,523,158 11,244,928
72,750 429,200 10,369 1,440,977 403,275 --0--
5,500 110,000

4056

JOURNAL OF THE HOUSE,

Authority Lease Rentals Capital Outlay -- ---,,.. Inmate Release Fund _,,.__ County Subsidy ...

840,000 1,480,000
383,000 2,737,500

Provided, that of the above appropriation relative to Capital Outlay, $40,000 is designated and committed for kitchen renovations at Georgia Industrial Institution.

Provided, that the Department is hereby authorized and directed to redirect up to $350,000 from funds avail able to the Georgia Building Authority (Penal) for a feed mill and hog project at Georgia State Prison and an abat toir at Georgia Industrial Institute.

C. Budget Unit: Department of Offender Rehabilitation .....-$ 6,045,294

1. Probation and Parole Field Supervision Budget:
Personal Services ... ......._._...._... . - . $ Regular Operating Expenses _.......--....------.__..___.$ Travel ...--__-........- -.....$ Motor Vehicle Equipment Purchases ... ._........_.....___.$ Publications and Printing ----------.------.--$ Equipment Purchases ..... ... _.__.__.______-..._____--..____$ Per Diem and Fees ____._.._______..__._._.....____._.._..____._._.___.$ Computer Charges -.--..-$ Other Contractual Expense ._.,,......._._.._..._..._........... $ Total Funds Budgeted ..--,,.----------------------$ State Funds Budgeted ._...._.__..._..__..................._..._.._...$ Total Positions Budgeted

332,261 28,156 10,000 --0--
500 --0-- --0-- --0-- --0-- 370,917 370,917
18

2. Probation/Parole Budget:

Personal Services _............_..-__..-..................................$

Regular Operating Expenses _,,....._,_.______--...____.--____$

Travel

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

Motor Vehicle Equipment Purchases __......_._.........$

Publications and Printing ------------.--------$

Equipment Purchases -----.--....$

Per Diem and Fees .------.----------.----------$

Computer Charges

...... $

Other Contractual Expense ----.----...----.------$

Total Funds Budgeted ------.--.._.--.----.------$

State Funds Budgeted .....----...----------.----..--$

Total Positions Budgeted

4,280,047 359,010 308,000 --0-- 1,742 56,328 13,250 --0-- 20,000
5,038,377 5,038,377
401

3. Treatment Centers Budget:
Personal Services ...... ... ---.--__--_.-$ Regular Operating Expenses ----,,-...--------.----$
-.-.-.-....--...-..-....-..-..-.......-....-....-......-.......-.-..?

399,942 218,614
8,340

TUESDAY, MARCH 25, 1975

Motor Vehicle Equipment Purchases ____..___--..____._____$

Publications and Printing ........................................^

Equipment Purchases _._.__.____.._____.__--.__._.____.__._.___.____$

Per Diem and Fees ....................................................^

Computer Charges ................................... ^

Other Contractual Expense ........................................^

Total Funds Budgeted _.___._________________..____._________..___..$

State Funds Budgeted ...

_____ ....... _____ $

Total Positions Budgeted

4057
--0-- 1,873 1,007 6,224
--0-- --0-- 636,000 636,000
41

Budget Unit Object Classes:
Personal Services ........ .......... _____ ..........................^ Regular Operating Expenses ..... ........................if Travel ____________________________ ....... ._____.__.____._$ Motor Vehicle Equipment Purchases __._____...__._______.$ Publications and Printing .________.__.___..____________$ Equipment Purchases .............................................^ Per Diem and Fees ....... __________._____________._____.___.____.$ Computer Charges __._____._.__ _______ _____ ______._____.____..___$ Other Contractual Expense _________ ___._______..____$

5,012,250 605,780 326,340 --0-- 4,115 57,335 19,474 --0-- 20,000

D. Budget Unit: Board of Pardons and Paroles ....$ 492,189

Board of Pardons and Paroles Budget:

Personal Services ........................................................I

Regular Operating Expenses ...... ______ ___.____________$

Travel ........$

Motor Vehicle Equipment Purchases __--_____--$

Publications and Printing _____ .................. _.____.__$

Equipment Purchases _ ........ ......._ .......................^

Per Diem and Fees . ......................._..-__..-....-....$

Computer Charges ___--_____------______ _.---__.-$

Other Contractual Expense ___..__-__--__ _____ __-__-_._$

Total Funds Budgeted ................... .

. .$

State Funds Budgeted ... _ ________ .................. $

Total Positions Budgeted

460,990 23,848 19,851 --0--
1,200 1,800 17,200 --0-- --0-- 524,889 492,189
28

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 ..........................................-....^.....^ Other Contractual Expense .....................--..........-^

460,990 23,848 19,851 --0--
1,200 1,800 17,200 --0-- --0--

Section 32. Department of Public Safety. Budget Unit: Department of Public Safety ____.__.___$ 25,457,736

4058

JOURNAL OF THE HOUSE,

1. Office of Highway Safety Budget:
Personal Services ----.....----...__-...._,,..._...,,._..._.._....._.$ Regular Operating Expenses --.--.-__--...-....-......,__...$ Travel ._----_.-..--....-__................,,_.......___...._........_......$ Motor Vehicle Equipment Purchases ....,,...__.....__$ Publications and Printing ......_....._._........,,.......__......$ Equipment Purchases ....--...._.-.......,,....,,...._......_......$ Per Diem and Fees --..._......_............_............._.......__..$ Computer Charges --..-._-.-........_...._.......___.....__...,,._._.$ Other Contractual Expense _..........,,._ ....._._..._.._,,.._.$ Total Funds Budgeted --.._..$ State Funds Budgeted __-..__......_......._....__......._._....__.$ Total Positions Budgeted

253,847 22,600 13,000 --0--
7,000 2,000 1,000 2,000 --0-- 301,447 --0--
16

2. Commissioner's Office Budget:
Personal Services -,,--...__._..._......_........_._.._.....___..._._...$ Regular Operating Expenses __--________._______._____._____.__$ Travel ...................................................................I Motor Vehicle Equipment Purchases ._............_.._..$ Publications and Printing .__.............._......_............._.$ Equipment Purchases ._.-....__..-...-__....-_...,,..___._....,,..$ Per Diem and Fees ---.._._--,,____--..__-___..______._.________.,,__$ Computer Charges --______.._____....-___.____._____._________._.__..$ Other Contractual Expense __----._,,_--._____--...._.._...$ Total Funds Budgeted ,,.______...__._____._..______.__..___..__.$ State Funds Budgeted ____.__.-,,,,..$ Total Positions Budgeted

270,000 48,281 4,690 5,000 16,105 4,000 3,000 --0-- --0-- 351,076 351,076
16

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 ....._......._...._....._._._...........__..........$ Other Contractual Expense __________...,,___________--__,,--$ Total Funds Budgeted ...._....,,......_.._._........._._.........$ State Funds Budgeted ._......._...._.._......-.__.__._..-........-.$ Total Positions Budgeted

740,505 1,179,714
2,750 --0--
25,400 11,107 8,550 80,200 --0-- 2,048,226 2,048,226
68

4. Georgia State Patrol Budget:

Personal Services ....._...._.._..__........_-_._..--...---.-$

Regular Operating Expenses ..................................I

Travel _._.....___._-_...._..__-__---.-------.----$

Motor Vehicle Equipment Purchases ._.._._.--.--.--.$

Publications and Printing ____....,,______--..._............--$

Equipment Purchases ._.......-_...._,,------------.--------$

Per Diem and Fees .

... -

$

Computer Charges

......

----4

16,422,336 2,039,908
86,748 945,000 888,103 506,429
88,520 1,175,854

TUESDAY, MARCH 25, 1975

4059

Other Contractual Expense --_--__.--__--.__-.__--_$ Total Funds Budgeted --.--.----.--..____.--_.__._.____.$ State Funds Budgeted -.--._--...._--_----.----__.----.$ Total Positions Budgeted

--0-- 22,152,898 22,087,301
1,194

5. Mandate Training--Operations Budget:

Personal Services -....----...----.---_--..-.._..-._-._......$

Regular Operating Expenses ................... ^

Travel ------.----,,.--__--_----.__----_..__-.--.--.--__-$

Motor Vehicle Equipment Purchases _...._...._..._..._.$

Publications and Printing __----.--.----.--.--._----$

Equipment Purchases ................................................$

Per Diem and Fees _------_----.._----_,,--_----_--_-_$

Computer Charges __--_--.--.------_.----_--_-.$

Other Contractual Expense _----_------------$

Total Funds Budgeted ------ ...................................$

State Funds Budgeted .

.------$

Total Positions Budgeted

144,000 38,736
6,710 7,300 1,623 33,495 --0-- --0-- --0-- 231,864
231,864 11

6. Police Academy:

Personal Services .-- -------------$

Regular Operating Expenses ----_----_--_----$

Travel - - . ..................?,

Motor Vehicle Equipment Purchases ._..,,..--...,,.--$

Publications and Printing

-

-$

Equipment Purchases . ............................................^

Per Diem and Fees ----.--------------------$

Computer Charges .__-._--_-,,------.----_----,,--$

Other Contractual Expense ....................................$

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

Total Funds Budgeted ...........................................^

State Funds Budgeted ..............................................$

Total Positions Budgeted

300,680 69,903
5,706 --0--
6,980 23,500 47,000 --0-- -- 0-- 370,000 823,769 739,269
18

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 ----.------.---------------$ Other Contractual Expense ,,----.....----.------.----$ Capital Outlay ......----.----.--,----- ..--------$

18,131,368 3,399,142
119,604 957,300 945,211 580,531 148,070 1,258,054 --0-- 370,000

Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Geor gia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American As sociation of Motor Vehicle Administrators, and the Inter-

4060

JOURNAL OF THE HOUSE,

national Association of Chiefs of Police (State and Pro vincial Police).

Provided, that of the above appropriation, $370,000
is designated and committed to renovate and re-roof the Georgia Police Academy.

Provided, however, that of the above appropriation relating to the Department of Public Safety, $1,800,000 is designated and committed for funding the conversion to the Merit Salary Schedule of the Uniform Division of the Georgia State Patrol, in accordance with the pro visions of SB 16 of the 1975 Regular Session of the Georgia General Assembly.

Section 33. Public School Employees' Retirement System.
Budget Unit: Public School Emloyees' Retirement System -.-.-_ _.___.$
Departmental Operations Budget: Payments to Employees' Retirement System .__..._......_-.._......_...__.....__.,,___....$ Employer Contributions .__..-_-...__-..__-..._-....--..._....___$ Total Funds Budgeted __...__.._..__-..__...,,_....._..-_.....___.$ State Funds Budgeted ............................................I

8,415,180
137,000 8,278,180 8,415,180 8,415,180

Budget Unit Object Classes:
Payments to Employees' Retirement System .._._...$ Employer Contributions ,,_,,_-,,_ -- .__$

137,000 8,278,180

Section 34. Public Service Commission. Budget Unit: Public Service Commission _.____..,,____,,$ 2,331,260

1. Administration Budget:

Personal Services ._._....___..,......._......-__...._._...._.,,...__.$

Regular Operating Expenses ....--.._..,,..._____._____.____.$

Travel

.----------$

Motor Vehicle Equipment Purchases ,,..__,,..-._-..-_-$

Publications and Printing ..._.....-.......__._.,,_,,...._--..,,$

Equipment Purchases .._......._......_-....___...._-..--___.--_.$

Per Diem and Fees ,,_.___,,_____._____--.__--___--.__-------,,$

Computer Charges ....__...._.__..._..,,..._..._-._.-...._......--.....$

Other Contractual Expense ...,,__._...._.,,_.__.......,,...,,$

Total Funds Budgeted _._......__.....__-..._..-.....___.....__,,$

State Funds Budgeted ..._._...__......._._......_......_-.._.._....$

Total Positions Budgeted

516,920 30,907
7,500 --0--
1,500 2,300 --0-- --0-- --0-- 559,127 559,127
27

2. Transportation Budget:
Personal Services ._....--.-.---....------------------------$ Regular Operating Expenses ._.......--...----.--------$

551,972 99,966

TUESDAY, MARCH 25, 1975

4061

Travel ---._----.---_----------------------------$ Motor Vehicle Equipment Purchases ------------ $ Publications and Printing ----------------------$ Equipment Purchases ----_--------------------------$ Per Diem and Fees _------------------------------$ Computer Charges ----------------_------------------$ Other Contractual Expense ----------_------_------$ Total Funds Budgeted .............. ^ State Funds Budgeted ...........................................'...^' Total Positions Budgeted

35,000 3,500 9,700 6,000 3,000 --0-- --0-- _7Q,13$ 709,138'
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 ------------------------------$ Other Contractual Expense ------------------_----$ Total Funds Budgeted ----------------------------$ State Funds Budgeted ..............$ Total Positions Budgeted

805,316 105,005
43,500 --0--
9,000 34,000 104,850 --0-- --0-- 1,101,671 1,062,995
56

Budget Unit Object Classes:
Personal Services ............................. ..^ Regular Operating Expenses ................................---i Travel-.--.-----------------------? Motor Vehicle Equipment Purchases _-----------$ Publications and Printing --_..----------------$ Equipment Purchases ----------------_----------.$ Per Diem and Fees _----------------------------$ Computer Charges --------------------.------$ Other Contractual Expense ----------------------$

1,874,208 235,878 86,000 3,500 20,200 42,300 107,850 --0-- --0--

Section 35. Regents, University System of Georgia.

A. Budget Unit: Resident Instruction and University System Institutions --------------.$ 270;471,760

1. Resident Instruction Budget:
Personal Services .----..------------..--------------.$ 223,766,285 Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense .------.------$ 75,214,500 Teachers' Retirement ----------------------------$ 17,255,715 Capital Outlay -------------------------------$ 10,000,000 Authority Lease Rentals ....... 1.. ..^ 22,686,000

4062

JOURNAL OF THE HOUSE,

State of Georgia General Obligation

Debt Sinking Fund .-__..,,....__........_.__.......__.......__._..$ 2,000,000

Total Funds Budgeted .......................................I 350,922,500

State Funds Budgeted .,,._._.....-__._._..-..._...,,...__._.......$ 238,565,000

Total Positions Budgeted

15,900

Provided, that of the above appropriation rela tive to Capital Outlay, $150,000 is designated and committed for planning of a Cancer Research Center at the Medical College of Georgia.

Provided, that of the above appropriation relative to Capital Outlay, $500,000 is designated and commit ted to purchase equipment for the new Sydenstricker wing at Talmadge Memorial Hospital.

Provided, that from appropriated funds in A, the amount of $24,686,000 in F.Y. 1976 is designated and committed to guarantee payment of lease rental con tracts as a first charge on such funds.

Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever.

Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an ap portionment of funds to the various units of the 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 Consti tution. 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 where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution applicable to such salary to the Teachers' Retirement System.

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

Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use

TUESDAY, MARCH 25, 1975

4063

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 ex ceeds the budget estimates 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.

2. Marine Resources Extension Center Budget:
Personal Services ....................................................I Regular Operating Expenses, Travel, Motor Ve
hicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges and Other Contractual Expense ..,,,,._.,,-_,,.,,-.$ Total Funds Budgeted ......._....-._....._-....._.......-.-$ State Funds Budgeted .....__._...._-._....-....__.....-_..._.$ Total Positions Budgeted

268,500
121,900 390,400 290,400
23

3. Skidaway Institute of Oceanography Budget:
Personal Services ..................................................I Regular Operating Expenses, Travel, Motor Ve
hicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense .._._...__...,_._-..__......_-...__-.._.$ Total Funds Budgeted ....._...,,..__.,,_......_......__...._....._$ State Funds Budgeted ,,,,,,.,,,,.,,__ -^-$
Total Positions Budgeted

803,500
763,000 1,566,500
575,500 38

4. Engineering Experiment Station Budget:
Personal Services ___.....-..........__...._._-....---_..--...$
Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense ,,__,,.,, .._..,,$
Total Funds Budgeted .__..__......__....._._.....___._...___.....__..$ State Funds Budgeted _.. _...... ................._..................$
Total Positions Budgeted

6,830,700
2,254,000 9,084,700 2,352,000
201

5. Engineering Extension Division Budget: Personal Services _.-.........__......__......_--.--_:...---$

761,017

4064

JOURNAL OF THE HOUSE,

Regular Operating Expenses, Travel, Motor

Vehicle Equipment Purchases, Publications

and Printing, Per Diem and Fees, Equipment

Purchases, Computer Charges, and Other

Contractual Expense

............

Total Funds Budgeted .........

State Funds Budgeted ._.__. ..........

Total Positions Budgeted

363,257 1,124,274
412,819 66

6. Agricultural Experiment Stations Budget:
Personal Services ................ ._$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense _.,,.._........._...._......,,._,,_....... Total Funds Budgeted .......... State Funds Budgeted .......... Total Positions Budgeted

9,898,976
5,363,745 15,262,721 9,671,000
848

Provided, that of the above appropriation relating to the Agriculture Experiment Stations, $250,000 is intended to meet price increases in agricultural supplies, materials and equipment necessary for research and to improve scientist man year support.

7. Cooperative Extension Service Budget:
Personal Services ............ .__...._ - $ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense .... ........ Total Funds Budgeted ......... State Funds Budgeted -.......--............................... Total Positions Budgeted

14,304,624
2,386,417 16,691,041 8,535,041
953

Provided, that of the above appropriation relating to the Cooperative Extension Service, $120,000 is desig nated and committed for six specialist and three clerical positions and $100,000 is designated and committed for operational costs of the Cooperative Extension Services.

8. Talmadge Memorial Hospital Budget:
Personal Services ........ . .........._.._..........$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense ................. ............................$

16,532,779 5,274,675

TUESDAY, MARCH 25, 1975

4065

Total Funds Budgeted .._......_......_...............-......-..,,.$ 21,807,454

State Funds Budgeted ................................................I 9,970,000

Total Positions Budgeted

1,971

Budget Unit Object Classes:

Personal Services ----...,,--$ 273,166,381

Regular Operating Expenses, Travel, Motor

Vehicle Equipment Purchases, Publications

and Printing, Per Diem and Fees, Equipment

Purchases, Computer Charges, and Other

Contractual Expense ._......__.............._.........-......._...$ 91,741,494

Teachers' Retirement ................................................I 17,255,715

Capital Outlay ...........................................................I 10,000,000

Authority Lease Rentals ___......_.._..._._.....__........_.......$ 22,686,000

State of Georgia General Obligation Debt

Sinking Fund

...... ..... ,,.,,_._$ 2,000,000

B. Budget Unit: Regents Central Office .._........._........._._$ 6,499,750

Regents Central Office Budget:

Personal Services ....

..-,,.--,,.-.---.$

Regular Operating Expenses, Travel, Motor

Vehicle Equipment Purchases, Publications

and Printing, Per Diem and Fees, Equipment

Purchases, Computer Charges, and Other

Contractual Expense ,,_.___._._____.__..___.__.____.______.____$

SREB Payments _......._......._._......._..........._...__......_..._...$

Medical Scholarships __.._..____.-.___.....___....._-_..-__..-_..$

Regents Scholarships ...L__..--___...-_._.._-__-___--.-__--.$

Grants to Junior Colleges ._.._....._$

Total Funds Budgeted ..-_......_...-._.....____-.___....._._.$

State Funds Budgeted .................$

Total Positions Budgeted

1,662,400
390,350 732,000 345,000 200,000 3,170,000 6,499,750 6,499,750
104

Budget Unit Object Classes:

Personal Services

...

..........----$

Regular Operating Expenses, Travel, Motor

Vehicle Equipment Purchases, Publications

and Printing, Per Diem and Fees, Equipment

Purchases, Computer Charges, and Other

Contractual Expense __.._..__.._...___._.________..__.___._...._.$

SREB Payments ..... ..--..-- --..--,,$

Medical Scholarships ........._.......__._...........,,__...._-_.......$

Regents Scholarships __......_....._....._-.....--......_-.....--.$

Grants to Junior Colleges __--.._._._._._._________...__.__..___.$

1,662,400
390,350 732,000 345,000 200,000 3,170,000

Section 36. Department of Revenue. Budget Unit: Department of Revenue ____-_____.__._______.$ 19,370,362

1. Executive Administration Budget: Personal Services _..._.____..___._....__.___.._.___..._.,,_..-.______..$

459,000

4066

JOURNAL OF THE HOUSE,

County Tax Officials/Retirement and PICA--.... $
Regular Operating Expenses .._._......._____._..--_.......__$ Travel------ -------_---------$ Motor Vehicle Equipment Purchases _.------__------.$ Publications and Printing ----------_------_-$ Equipment Purchases .....__.____....._..........._...._......$ Per Diem and Fees ----------------------__.------$ Computer Charges ------.--____--_------------_.$ Other Contractual Expense --_--------.--------$ Total Funds Budgeted .....___----..............-_._...$ State Funds Budgeted ___----------------------_.$ Total Positions Budgeted

436,000
912,172 12,000 4,000
165,000 4,850 19,800
35,000 --0-- 2,047,822 2,047,822
32

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 ----.------.--------.----------$ Other Contractual Expense --------.------------.$ Total Funds Budgeted __..--_--__----.------_____$ State Funds Budgeted ..____----------______$ Total Positions Budgeted

812,500 24,740
1,500 --0--
6,736 24,000 1,000 49,000 --0-- 919,476 919,476
70

3. Property Tax Budget:
Personal Services ___.----,,--._--_------------------.$ Regular Operating Expenses _------_.------------_$ Travel __--_- -_---------_----------------$ Motor Vehicle Equipment Purchases ,,_----_----_--.$ Publications and Printing ------ ------------$ Equipment Purchases ___----____--------------$ Per Diem and Fees -_--------____--------_--__.$ Computer Charges --______----_--_,,____----_$ Other Contractual Expense _--------------------$ Loans to Counties/Property Reevaluation --------$ Grants to Counties/Appraisal Staff ----------_.$ Intangible Tax Equalization Fund --_------____----_$ Total Funds Budgeted --_____------____--$ Repayment of Loans to
Counties/Property Revaluation --------____.$ Indirect Computer Funding ___.----..--_--....$ State Funds Budgeted ------,,.--..----.----..___.$ Total Positions Budgeted

800,000 24,442 44,600 9,200 82,000 2,775 46,000
1,100,000 --0-- 325,000
1,250,000 --0--
3,684,017
201,000 900,000 2,583,017
64

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 appro priated but not to exceed $201,000 in F.Y. 1976. Such

TUESDAY, MARCH 25, 1975

4067

amount shall be available for further tax evaluation loans to counties.

Provided, that of the above appropriation, no funds are designated and committed for the cost of the Intang ible Tax Equalization Fund provided for in an Act ap proved April 17, 1973 (Ga. Laws 1973, p. 924), to be administered by the State Revenue Commissioner as provided therein.

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 .,,_._._,,_,,_.__.._____.._______,,,,,,___-.___--_$ Other Contractual Expense ....,,....__...--..,,--.----,,-,,$ Total Funds Budgeted ...._...._......_....-.__...............,,...,,$ Indirect Computer Funding _.,,._.___.___.,,_.____.____,,____._$ State Funds Budgeted ... .,, .-..._.._. .___-$ Total Positions Budgeted

769,537 71,252 4,000
--0-- 53,600 7,300
--0-- 310,000 --0-- 1,215,689 200,000 1,015,689
75

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 _...._....._........__....-.._.._..-.....___.$ Other Contractual Expense _______________________--__--___$ Total Funds Budgeted .._...........-_...-.....-...._._.....,,_.._-.$ State Funds Budgeted ,,_.,,.__. .__.._.._....._._....,,.....__...__.$ Total Positions Budgeted

347,000 7,244 2,000
--0-- 50,000 1,755
--0-- 270,000 --0-- 677,999 677,999
36

Provided, that of the above appropriation relating to Computer Charges, $165,000 is designated and committed for redesign of Motor Fuel Computer System.
6. Income Taxation Budget:
Personal Services .___._--_,,__,,-..___.____,,-.._-------_--_--$ Regular Operating Expenses ....,,-----.__--___.,,..,,...._$ Travel ....._...-.._.......,,..._..._-....-.-...._.,,...-._.......,,____.._$ Motor Vehicle Equipment Purchases _------_-------$ Publications and Printing __,,.__,,_.,,--.--__.--__--_..$ Equipment Purchases .,,.--.--.-._---.--.------,,--,,---_-$ Per Diem and Fees __..--._.._....,,,--__.--......----.--,,--$

1,268,546 146,733 3,507
250,300 7,165

4068

JOURNAL OF THE HOUSE,

Computer Charges ___----___----.____..--------_--$ Other Contractual Expense ....___--..--_------------.$ Total Funds Budgeted ------.------------.--------.$ Indirect Computer Funding _--------_--_____.__--.--$ State Funds Budgeted _--.----..--_------.--------$
Total Positions Budgeted

1,600,000 --0--
3,276,251 1,400,000 1,876,251
115

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 _.-__.__..___.----________._------._-$ Computer Charges _.__----_ ..____--_,,__--._--_----.$ Other Contractual Expense __----_--------__..____--__--$ Total Funds Budgeted _----._----._._.___..__.------___----_.$ State Funds Budgeted ,,,,,..-_.$ Total Positions Budgeted

1,583,000 195,508 47,000 110,400 13,500 3,050 11,200 50,000 --0--
2,013,658 2,013,658
119

8. Motor Vehicle Registration Budget:

Personal Services ----.----------------------.----$ Regular Operating Expenses _--_----------_------__-$ Travel..-.-----..-.--_--.-_-_------------_-----$ Motor Vehicle Equipment Purchases _------_--__$ Publications and Printing ..............__.--.__..._--._...--.$ Equipment Purchases __------.--_-.--------------_..$

Per Diem and Fees ....... __.__... ....------___----------.$

Computer Charges _,,-_--._...-.___----.__-___----$

Other Contractual Expense -__------------__----_-$

Total Funds Budgeted .......----..------_--...._.......$

Indirect Computer Funding _----__------__----------_,,$

State Funds Budgeted ................

._.........$

Total Positions Budgeted

1,800,000 241,726 5,212 IS',800 261,840 17,740
300
2,115,000
--0--
4,455,618
2,000,000
2,455,618
207

Provided, that of the above appropriation relating to Computer Charges, $500,000 is designated and committed for redesign of the Motor Vehicle Computer System.

9. Central Audit Budget:
Personal Services ............----.......-----............--.I Regular Operating Expenses ----_------,,----------$ Travel . .. ......................$ Motor Vehicle Equipment Purchases _____----_----_$ Publications and Printing .----------_--------.--.$ Equipment Purchases ----------------_--...--$ Per Diem and Fees .......-_----------___----.._...__$ Computer Charges _--.---------------..--------_$

1,443,886 30,636 176,614
--0-- 3,000 4,400 1,000 3,000

TUESDAY, MARCH 25, 1975
Other Contractual Expense ...................... --.......J^ Total Funds Budgeted ._......_._-___,,__..,,.._$ State Funds Budgeted ................... ....^ Total Positions Budgeted

4069
--0-- 1,662,536 1,662,536
94

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 ..................................4

Other Contractual Expense _______.__.__,,_______-__,,----..___$

Total Funds Budgeted ........................... ......^

State Funds Budgeted ........................... ^

Total Positions Budgeted

3,179,907 156,171 235,000 --0-- 8,918 21,300 2,000 8,000 --0--
3,611,296 3,611,296
257

11. Motor Vehicle Tag Purchases Budget:
Motor Vehicle Tag Purchases ..__..,,.___--.__..___--__.___$ Motor Vehicle Decal Purchases .................$ Total Funds Budgeted ..............................^ State Funds Budgeted ........................ ^ Total Positions Budgeted

68,250 438,750 507,000 507,000
0

Provided, that of the above appropriated amount re lating to motor vehicle tag purchases, $68,250 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 105,000 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 ..............................................^ County Tax Officials/Retirement and FICA .___.,,.$ Regular Operating Expenses ............. ..........^ Travel ................................. 4 Motor Vehicle Equipment Purchases __-.__-.....--_,,..__.$ Publications and Printing ......................^ Equipment Purchases .............................^ Per Diem and Fees .....................................$ Computer Charges ................................ ......^ Other Contractual Expense ....................... .^

12,463,376 436,000
1,810,624 531,433 137,400 894,894 94,335 81,300
5,540,000

4070

JOURNAL OF THE HOUSE,

Loans to Counties/Property Reevaluation ,,...._....$ Grants to Counties/Appraisal Staff ......................$ Motor Vehicle Tag Purchases _..._......._--.--...._......_.'..$ Intangible Tax Equalization Fund _.....--__-__--._--.__$

325,000 1,250,000
507,000 --0--

Section 37. Secretary of State.

A. Budget Unit: Secretary of State --.-..$ 6,224,605

1. Occupational Certification Budget:
Personal Services ................................ .^ Regular Operating Expenses ,,----__._.--__.__.__._____.____.$ Travel ................................................. .....^ Motor Vehicle Equipment Purchases .....--..--...----$ Publications and Printing .....................$ Equipment Purchases ,,..... ............................$ Per Diem and Fees ....................................................I Computer Charges .......................................^ Other Contractual Expense ..............$ Total Funds Budgeted ......... ..^ State Funds Budgeted ................$ Total Positions Budgeted

1,353,981 365,770 134,000 --0-- 33,000 21,000 85,000 --0-- --0--
1,992,751 1,992,751
124

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 ....................................$ Other Contractual Expense --.----------.------.$ Total Funds Budgeted .......^.... .......................$ State Funds Budgeted .......................$ Total Positions Budgeted

208,666 24,233
5,000 --0--
2,000 2,100
--0-- --0-- --0-- 241,999 241,999
14

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 ..........................--............... ..^ Other Contractual Expense . .. . ........................^ Total Funds Budgeted ..........................................$ State Funds Budgeted ..................................$ Total Positions Budgeted

226,387 18,020 5,800 --0--
3,000 3,000 --0-- --0-- 50,000 306,207
306,207
21

TUESDAY, MARCH 25, 1975
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 ----------------------------_---$ Other Contractual Expense ------------------------$ Total Funds Budgeted .........--------..._--------.$ State Funds Budgeted -------------.------.--------$ Total Positions Budgeted

4071
250,053 5,762 46,800
--0-- 200
1,800 500
--0-- --0-- 305,115 305,115
15

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 ------------------------ --_--$ Other Contractual Expense .----------_.----,,.._--$ Authority Lease Rentals .----.._...----------------.$ Total Funds Budgeted .____----..----_------------$ State Funds Budgeted .._.--------..,_----..--------$ Total Positions Budgeted

1,103,177 109,751 7,500 --0-- 23,000 11,200
815,000 2,069,628 2,069,628
91

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 _--.------------------------$ Other Contractual Expense ...._------...--....------.$ Total Funds Budgeted ..__.____________----$ State Funds Budgeted ----_----------------..----$ Total Positions Budgeted

422,666 54,871 8,500
--0-- 60,000 4,000 2,000
--0-- --0--
552,037 552,037
34

7. Internal Administration Budget:
Personal Services ....--..------.------..--...----.__$ Regular Operating Expenses _----------._----.--._$ Travel ----..... . ..------_--------.----.--------$ Motor Vehicle Equipment Purchases .--------...--$ Publications and Printing __--.....--_----..._.----.._$ Equipment Purchases ...----------_----------------$ Per Diem and Fees ------------------------------$

439,174 50,977 2,500 --0-- 80,000
4,000
--0--

4072

JOURNAL OF THE HOUSE,

Computer Charges _...__....,__..._,,_.....-._...,,......,,_......._.._$ Other Contractual Expense ,,--....-..-.-----.--...-_......$ Total Funds Budgeted ....._...__.......____...........__......__...$ State Funds Budgeted _.-_.____..._._.._._.._$ Total Positions Budgeted

--0-- --0-- 576,651 576,651
29

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 --__-----.,,.--.--_----___---__,,.-___.--_-$ Other Contractual Expense ._..........._...,,__.._.-...__.-...$ Total Funds Budgeted ..._._,,_._._._....$ State Funds Budgeted ,,.,,... .... ...-,,...$ Total Positions Budgeted

75,812 391,905
8,000
--0-- 15,200 1,300 3,000
--0-- --0-- 495,217 180,217
5

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 ...................................if Other Contractual Expense _......_..._-_.$ Authority Lease Rentals ......._..._._..._.....,,..._...._._..__.$

4,079,916 1,021,289
218,100
--0-- 216,400
48,400 90,500 --0-- 50,000 815,000

Provided, that of the above appropriation relating to
the Secretary of State, $50,000 of the amount budgeted to the object class Other Contractual Expense in the Corporations Regulation Budget is designated and com mitted for legal fees for dissolution of defunct corpora tions.

B. Budget Unit: State Building Administrative Board .

102,066

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 .----.----.----.----.,,_....----_--_.....$

72,566
10,000 8,000 --0-- 5,000 3,000 3,500 --0--

TUESDAY, MARCH 25, 1975
Other Contractual Expense _------.------------$ Total Funds Budgeted _---- ----_--...------........_ $ State Funds Budgeted _.----------....------__------_----$ Total Positions Budgeted
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 __------------.----._--.--.--.__..._--$ Other Contractual Expense ------..--_____----_------$

4073
--0-- 102,066 102,066
6
72,566 10,000 8,000 --0-- 5,000 3,000 3,500 --0-- --0--

Section 38. State Scholarship Commission. Budget Unit: State Scholarship Commission ....______..$

9,921,679

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 .._.........____......_......__.............. $ Other Contractual Expense _------------------.------$ Total Funds Budgeted -----------------.------ $ State Funds Budgeted __--------..------------------....$ Total Positions Budgeted

609,616 128,235 21,500 --0-- 12,394
2,300 3,500 235,000 --0-- 1,012,545 699,868
50

2. Higher Education Assistance Corporation Budget:
Payment of Interest ----......--.......--------_..........__$ Total Funds Budgeted ------..--......------...------....I State Funds Budgeted .----------------.----_------$ Total Positions Budgeted

214,000 214,000
89,000 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

2,233,500 6,007,311 1,280,000 9,520,811 9,120,811
0

4074

JOURNAL OF THE HOUSE,

4. Law Enforcement Personnel Dependents Scholarship Program Budget:
Law Enforcement Personnel Dependents Scholarships ,,..._......................_......._...$
Total Funds Budgeted .....-................-...._......_........$ State Funds Budgeted ....,..-....$ Total Positions Budgeted

12,000 12,000 12,000
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 _...._..........._.._.......$

Other Contractual Expense __.____,,_____________.___._,,._______.$

Payment of Interest ..._.._-.._.._.-___.........$

Direct Guaranteed Loans ......... ......_.$

Tuition Equalization Grants .._._........$

State Student Incentive Scholarships __.._._-_...--..__.$

Law Enforcement Personnel

Dependents Scholarships -_.... ...

........_..$

609,616 128,235 21,500 --0-- 12,394
2,300 3,500 235,000 --0-- 214,000 2,233,500 6,007,311 1,280,000
12,000

Provided, that of the above appropriated amount rela tive to Director Guaranteed Loans an amount not to ex ceed $12,000 is designated and committed for the purpose of providing stipends for training recruitment and coun selor 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 pur pose of providing loans under the guaranteed student loan program to students in paramedical, professional and educational fields of study which shall be repayable is cash with interest at seven percent per annum or by practice in a field and in a community or site of employment ap proved by the Scholarship Commission as provided for in Ga. Laws 1965, p. 210, as amended.

Provided, that of the above appropriated amount rela tive to Law Enforcement Personnel Dependents Scholar ships $12,000 is designated and committed solely for the purpose of providing scholarships to children of law en forcement officers, firemen, and prison guards per manently disabled or killed in the line of duty, as provided by law.
Provided, that from the above appropriation $6,007,311 is designated and committed for Tuition Equaliza-

TUESDAY, MARCH 25, 1975

tion Grants to students attending private colleges as provided in Ga. Laws 1971, p. 906.

Provided, that the above appropriated amount rela tive to Student Incentive Scholarships is designated and committed solely for the purpose of providing needs-based scholarships to first-year and to second-year under graduate students as provided by applicable State and federal law, provided, however, that Georgia veteran students otherwise eligible and qualifying to receive a Student Incentive Scholarship shall have priority and be eligible to receive a scholarship without regard to their undergraduate academic level or classification but such priority for veterans shall only apply to $230,000 of the funds appropriated for Student Incentive Scholarships. Provided, further, that until the Student Incentive Schol arship Program is adequately funded to assist eligible students at all undergraduate levels of study, scholarships shall not be awarded to students for summer term study in institutions of higher education, nor to students for sum mer period study in other post-secondary educational institutions unless summer period study is part of the typical academic year of such institution.

Provided, that of the above appropriation relating to Tuition Equalization Grants, $511,562 is designated and committed to raise grants to $500 for freshmen only, and that no such Tuition Equalization Grant shall be awarded to graduate students.

Section 39. Soil and Water Conservation Committee.
Budget Unit: Soil and Water Conservation Committee _,,-_,,_._____,,,,___ .... -__._$

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 ,,_-_,,_,,__-___,,-________.,,_,,,,_$

Other Contractual Expense .-....--.._..__..__.--...,,.__.__..$

Total Funds Budgeted -._,,.,,.__.,,,,,,__.,,$

State Funds Budgeted .,,.,,,,. ..,,..$

Total Positions Budgeted

Budget Unit Object Classes:
Personal Services .___.,,,,__,,,,______.,,___...___.$ Regular Operating Expenses -.,,,,_.__,,--.--.,,__--....$

4075
468,456 159,181 44,703 25,400 --0--
3,355 600
98,630 --0-- 136,587 468,456 468,456
11 159,181
44,703

4076

JOURNAL OF THE HOUSE,
Travel --.,,.-_.....__...-___.._....-_....,,_...._,,,,_...__...._._...._,,.$ Motor Vehicle Equipment Purchases -__.--_--__--.__$ Publications and Printing -..-_...,,......_.,,..__..._......._..$ Equipment Purchases --------....,,--..........................I Per Diem and Fees -..----...--..._......_._..__.....__..........._.$ Computer Charges __--_..____._______,,____.___,,.____,,_______,,____$ Other Contractual Expense ____--______._._____,,___._______.$

25,400 --0--
3,355 600
98,630 --0-- 136,587

Section 40. Teachers' Retirement System. Budget Unit: Teachers' Retirement System .._._....__.$

1,965,265

Departmental Operations Budget:
Personal Services ---------..---.-...---.__._-..__...,,.__......__.$ Regular Operating Expenses ...............................I Travel _-...___.-.._-.-_......_._..._.....-__.........._._....__....___....__.$ Motor Vehicle Equipment Purchases ----_-..----_--.$ Publications and Printing ..--...................................I Equipment Purchases ---___.----.__--______-._.____.________,,_.$ Per Diem and Fees .._.......--.......,,...__......___...._._..,,.__..$ Computer Charges -__.--_,,___-_._____._.___._______________________.$ Other Contractual Expense ,,..,,___..._.,,.....__.....___,,...$ Employer Contributions ___.___.___._._.___.__.____.___,,______,,__.$ Floor Fund for Local Retirement Systems ___.__-..$ Total Funds Budgeted ._.....,,,,......_..$ State Funds Budgeted ___________.__________.____.__._..____..__.$ Total Positions Budgeted

504,532 47,390 16,000
--0-- 12,000 6,123 63,250
175,000 --0-- 985,000 980,265 2,789,560 1,965,265
40

Budget Unit Object Classes:
Personal Services .--.......--....--.....--...-.........--.......-I Regular Operating Expenses ___.________--___,,-___.____,,.$ Travel___-____-,,____-_____- ,,___.. ,,__.-..___._.__-_..-$ Motor Vehicle Equipment Purchases .....-___--..-.--.$ Publications and Printing ._._.......___....,,_.._.......___.....$ Equipment Purchases _..--__......-_-....-__--......----...--$ Per Diem and Fees _.....-__.-..--_......._.......--__._.....__.__.$ Computer Charges _.____________.________.__________._____,,_,,.___.-$ Other Contractual Expense -_______________--_____,,---_,,,,-$ Employer Contributions .__......--._.-....._____..._-__.___..$ Floor Fund for Local Retirement Systems _......_._.$

504,532 47,390 16,000 --0-- 12,000
6,123 63,250 175,000 --0-- 985,000 980,265

Provided, that of the above appropriation relative to Employer Contributions, $525,000 is designated and committed for raising to 1.76 the percentage to be used in making the calculations described in Section 2 of SB 102 of the 1975 Regular Session of the Georgia General
Assembly.

Provided, that of the above appropriation relative to Employer Contributions, $460,000 is designated and committed for reducing the service requirement for voluntary retirement to 30 years as described in Section

TUESDAY, MARCH 25, 1975

4077

1 and 3 of SB 102 of the 1975 Regular Session of the Georgia General Assembly.

Section 41. Department of Transportation. Budget Unit: Department of Transportation ,,..__..$ 261,548,983

1. Planning and Construction Budget:

Personal Services .......................................... ^ 53,732,968

Regular Operating Expenses ..........................^ 4,997,874

Travel

..................... .^4 1,882,650

Motor Vehicle Equipment Purchases _,,.__...._....,,$ --0--

Publications and Printing .................................$ 197,066

Equipment Purchases ....................................^ 140,200

Per Diem and Fees ......................... ....^ --0--

Computer Charges .......................................... ^ --0--

Other Contractual Expense ........................... ^ 5,800,854

Capital Outlay ..................................... ....^ 170,755,097

State of Georgia General Obligation

Debt Sinking Fund ........................ ^ 8,000,000

Total Funds Budgeted .......................... ^ 245,506,709

State Funds Budgeted ................. ...^ 106,736,624

Total Positions Budgeted

3,842

2. Maintenance and Betterments Budget:
Personal Services ........................................ ...^ Regular Operating Expenses ................. ........^ Travel .__.____._________..______._____.________..,,______________________.$ Motor Vehicle Equipment Purchases --.----------.$ Publications and Printing ............................... ...^ Equipment Purchases ............................... .........^ Per Diem and Fees ................................. ^ Computer Charges ............................. .....^ Other Contractual Expense .................. .....^ Capital Outlay ................................. .^ Total Funds Budgeted ....... ....^ State Funds Budgeted ........ ^ Total Positions Budgeted

32,674,560 20,604,337
450,600 --0--
12,184 --0-- --0-- --0-- 900,000 31,876,977 86,518,658 86,518,658
3,851

3. Authorities Budget:
Authority Lease Rentals ..................... ...^ State of Georgia General Obligation
Debt Sinking Fund -..---.. ... ---.--.--$ Total Funds Budgeted .............. .^...........-i State Funds Budgeted ................. ^

27,408,889
5,582,775 32,991,664 32,991,664

4. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases .................^ Equipment Purchases ............................... .^ Capital Outlay ..............-......--...----------I Total Funds Budgeted ..__-...._.-...._..-._-.-----.$ State Funds Budgeted ............. --^

2,372,471 1,542,059
437,000 4,351,530 3,800,000

4078

JOURNAL OF THE HOUSE,

5. Assistance to Counties Budget:
Grants to Counties _...,,_......_._.._________,,__.________________$ Total Funds Budgeted --,,._____.____..,,____-__.____,,_____,,..$ State Funds Budgeted -....._,,......__,,...___....._,,.....__..$

9,317,013 9,317,013 9,317,013

6. Tollways Facilities Budget:
Personal Services _--_------._._----______,,___,,________________$ Regular Operating Expenses --....---...,,.___.:..-__....$ Travel ----.--.....................I Motor Vehicle Equipment Purchases ----_____,,__,,_.$ Publications and Printing .....,,......_.._.......__.._...__,,...$ Equipment Purchases .--.--_,,.--.-._....---__..._-_,,,,....$ Per Diem and Fees ____,,_,,__.___._____._____,,__________,,____,,__$ Computer Charges ...___,,----___---...__.....--._,,_.--_,,..$ Other Contractual Expense -----,,,,...------.----,,.--$ Total Funds Budgeted _.._._,,,,,,___,,__.__..,,._._.,,$ State Funds Budgeted .....,,._..,,......_,,......___.........___...$ Total Positions Budgeted

132,837 71,639 15,000 --0-- 15,000 --0-- --0-- --0-- --0-- 234,476 234,476
8

7. Administration Budget:
Personal Services __--___,,__--____-___--______,,_,,___________$ Regular Operating Expenses _----_--_------_--_--.$ Travel _____-._.____.-____..______.___... _.____--_$ Motor Vehicle Equipment Purchases ~--.,,,,,,--...._$ Publications and Printing --------------_----_.----._.$ Equipment Purchases .----.----..----_._..----___-----_.$ Per Diem and Fees .,,,,__.,,,,._._._.._,,__..__,.__..$ Computer Charges -__.......-..-__.,,.....-.-.__...-.....-,,._,,.,,..$ Other Contractual Expense ._...-_._..........--__,,.,,.... $ Total Funds Budgeted _._________--__,,____---_.__--_.$ State Funds Budgeted -------$ Total Positions Budgeted

5,858,568 2,608,581
323,678 --0-- 424,475 --0--
11,200 1,389,863
165,200 10,781,565 10,781,565
353

Appropriation of State funds in the foregoing De partment of Transportation budgets shall be in con formity with and pursuant to Article VII, Section IX, Paragraph IV of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the Fiscal Division of the Department of Administrative Services in the immedi ately 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 determined on the records of the State as being the appropriation pay able in lieu of the amount appropriated herein.
Provided, however, that objects for Activities fi nanced by Motor Fuel Tax including Planning and Con-

TUESDAY, MARCH 25, 1975

4079

struction, Maintenance and Betterments, Authority Lease Rentals, General Obligation Debt Sinking Fund Payments, Administration, Tollways Facilities and
Grants to Counties, 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 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 ap propriated 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. 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 pro vided all expenditures for county contracts shall be in accordance with and on the basis of average prices au thorized 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 sub stitute 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 the Fiscal Division of the Department of Ad ministrative Services and constitutionally appropriated to the Department of Transportation.

For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and

4080

JOURNAL OF THE HOUSE,

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 public roads and bridges approved by the Department of Transportation. Provided, that in the event that lease rental obligations shall be less than the amount provided in the Budget Report, such excess amount may be used and is herein specifically appropriated to the "State of Georgia General Obligation Debt Sinking Fund" for the specific purpose of paying annual debt service require ments on new General Obligation debt in an amount not to exceed $30,000,000 in principal amount to finance a new program for the construction or reconstruction of public roads and bridges.
For grants to counties for aid in county road con struction and maintenance. Grants shall be distributed and disbursed by the Fiscal Division of the Department of Administrative Services as provided by law.

For the appropriation of $8,000,000 for the State of Georgia General Obligation Debt Sinking Fund for annual debt service requirements on General Obligation Debt to finance an amount not to exceed $100,000,000 in principal amount for a new program for advance con struction of interstate highway systems. This ap propriation shall be from funds other than the motor fuel tax.
For grants to counties for aid in county road con struction and maintenance to be distributed and dis bursed to various counties of the State by the Fiscal Division of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation.
Provided, futher, 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.

TUESDAY, MARCH 25, 1975

408!

Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific purpose and amounts as shown below:

Planning and Construction General Obligation Bond Debt Service for Advance Construction of the Interstate System --___..,,_.$
Geodetic Control - .__.____..--____---____,,_____.__,,____-..____,,__$ Maintenance and Betterments Resurfacing .___._..$

8,000,000 380,000
12,000,000

This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropria
tions of an amount equivalent to motor fuel tax revenue required under Article VII, Section IX, Paragraph IV of the State Constitution.

Provided, further, that the Department of Trans portation is authorized and directed to transfer to Per sonal Services from other object classes such funds as are required to fund the cost-of-living adjustment con templated in this Act, subject only to approval by the Office of Planning and Budget prior to the effective date of the pay increase authorized in Section 44.

8. Assistance to Municipalities Budget:
Grants to Municipalities _.....__....-_....._._....._..._._.....$ Total Funds Budgeted _...._......___..-___..._.._........._-...$ State Funds Budgeted ___....___...____.____.._.___..._._..-.$

9,317,000 9,317,000 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 au thority, shall execute an affidavit annually that funds received under this Section have been expended in ac cordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.

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

4082

JOURNAL OF THE HOUSE,

9. Air Transportation Budget:
Personal Services __________________________________________________$ Regular Operating Expenses ---.-.--..-..-_,,...._...__.$ Travel _______,____________________._______________________.__$ Motor Vehicle Equipment Purchases ____________________$ Publications and Printing __________________________ ____^ Equipment Purchases --.______________________________.__$ Per Diem and Fees _____ _________________________ ______^__$ Computer Charges ________________________________________ ^ Other Contractual Expense _________.______________$ Total Funds Budgeted __._____________.____________$ State Funds Budgeted _________________________________ ___4 Total Positions Budgeted

307,040 355,500
7,000
38,000 500
8,500 1,000 --0-- --0-- 717,540 492,540
18

10. Inter-Modal Transfer Facilities Budget:
Personal Services ________________._______________.$ Regular Operating Expenses _......_._......-___......__.,,.$ Travel __....-___......-__.......-.__.......___.....-_,,.....-.__..,,.._._....._.$ Motor Vehicle Equipment Purchases --._.,,,_,,_--_-$ Publications and Printing ________________________.__$ Equipment Purchases _________________________________.__$ Per Diem and Fees _-_--..,,,,---....--.....-__,,.--.--.......--.$ Computer Charges _______________________ ________ --_______-__$ Other Contractual Expense _____________________ ...^ Capital Outlay ______________________________._______________$ Mass Transit Grants _________________________________ ______$ Total Funds Budgeted _______________________________$ State Funds Budgeted __________________________ ^ Total Positions Budgeted
11. Harbor Maintenance Budget:
Harbor Maintenance Payments _______________________$ Total Funds Budgeted ________________________________$ State Funds Budgeted _________.___________________$

206,094 22,449 20,000 --0-- 15,700 5,200 --0-- --0-- 100,000 150,000 410,000 929,443 929,443
17
430,000 430,000 430,000

Budget Unit Object Classes:

Personal Services _...___....____.__.____.__..__i._____.___.__.._.__._._.$ 92,912,067

Regular Operating Expenses __________._____$ 28,660,380

Travel ...... .......,,_.-- -.,,,,..--..--..$ 2,698,928

Motor Vehicle Equipment Purchases -...--.,,--.....,,$ 2,410,471

Publications and Printing __________________ ____^ ____.$ 664,925

Equipment Purchases ___._.____________.._____$ 1,695,959

Per Diem and Fees ___________________._______________________________-$

12,200

Computer Charges _..........._........_....-._....................._.. $ 1,389,863

Other Contractual Expense .__.___.___._.__-____..__-_._._...$ 6,966,054

Capital Outlay ______________._____._______________________.$ 203,219,074

Mass Transit Grants ____________________ ____^________$ 410,000

Grants to Municipalities _.____._____.___________$ 9,317,000

Harbor Maintenance Payments -...._,,....-...-_..--..,,.$ 430,000

Grants to Counties _____________________,_________________$ 9,317,013

Authority Lease Rentals _________________._____________$ 27,408,889

State of Georgia General

Obligation Debt Sinking Fund ............................I 13,582,775

TUESDAY, MARCH 25, 1975

4083

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 Trans portation service income as is required to maintain and upgrade the quality of its equipment.

Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance a maximum of 12-%% of an individual air port 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, than the Department of Transporta tion is authorized 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.

Provided, that the entire amount of the above allocation for harbor maintenance payments is desig nated and committed for payment for harbor main tenance at Savannah.

Section 42. Department of Veterans Service.
Budget Unit: Department of Veterans Services .- -- --.---- .,,-------$

6,372,991

1. Veterans Assistance Budget:
Personal Services .................................................I Regular Operating Expenses ....,,.._.._-..-....,,.....--..$ Travel ...-..,,...-.,,,,-----..,,-_--$ Motor Vehicle Equipment Purchases ___--_.--------$ Publications and Printing ._......_.....,,........,__....._......$ Equipment Purchases ,,,,_,____._..___...___.__._______.___-._.___.$ Per Diem and Fees _...__.....-..._.......__-....._-_..---..._--$ Computer Charges ....__.-..-__-.-...,,.-.....-......--__....--...,,.$ Other Contractual Expense ,,,,...--.--.----..-----..---.$ Grants to Confederate Widows _______._______.,,______._______$ Total Funds Budgeted ........_._.,,.__-._-._....__....,,......$ State Funds Budgeted ,,.............._._..,,._._....._._.............$ Total Positions Budgeted

1,964,786 151,800 65,800 --0-- 22,000 37,500 10,100 ' 385 --0-- 21,152
2,273,523 2,024,542
180

2. Veterans Home and Nursing Facility-- Milledgeville Budget:
Operating Expenses/Payments to Central State Hospital .............-......._.....,............$
Other Contractual Expense ,,--,,.--.-._.._..-..,,_....._..__-.$

4,381,565 --0--

4084

JOURNAL OF THE HOUSE,

Total Funds Budgeted .............................................I 4,381,565 State Funds Budgeted _....-...._-...._-........._..._.._......_.$ 2,995,295

3. Veterans Nursing Home-- Augusta Budget:
Operating Expenses/Payments to Medical College of Georgia ......__...__....._._..-_.-..._-..$
Other Contractual Expense ....................................if Total Funds Budgeted ___.._,,.__.__.__.._.__.___.____.._,,__..__.$ State Funds Budgeted _____________.____.-__.__..___..____._.____.___$

1,737,454 --0--
1,737,454 1,353,154

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 _,,___________,,________.,,_.______________________.$
Other Contractual Expense ___,,____,,.----_.__-.--_--_--.$
Grants to Confederate Widows ..___._.___._._____._______.___.$
Operating Expense/Payments to Central State Hospital ......_.._......$
Operating Expense/Payments to Medical College of Georgia .,,._............__......_.....,,.$

1,964,786 151,800 65,800 --0-- 22,000 37,500 10,100 385 --0-- 21,152
4,381,565
1,737,454

Provided, that of the above appropriation, $29,520 is designated and committed to furnish and equip nine day rooms in the Cabiness Building at Central State Hospital.

Section 43. Workmen's Compensation Board. Budget Unit: Workmen's Compensation Board. .$ 1,804,616

Departmental Operations Budget:
Personal Services --__--_,,--.._-..._-....-.,,_--_...__ Regular Operating Expenses .,,..........._._..___... Travel .,,._....._..._... ......,,..............._........._._..__..... Motor Vehicle Equipment Purchases _........._. Publications and Printing ........_........._..,,.__...._ Equipment Purchases --.--...----.--....------,,.--. Per Diem and Fees __...__._-____...____..____._____,,.___,,__. Computer Charges --._.-.._..-_.._-.--.-._,,.,,_...._,,..._ Other Contractual Expense .._.__._.................... Total Funds Budgeted _..........,,......._....._......_..... State Funds Budgeted ...,,..._...._..-._..,,._............ Total Positions Budgeted

1,473,370 157,746 26,500 --0--
13',000 15,000 9,000 110,000 --0--
1,804,616 1,804,616
103

TUESDAY, MARCH 25, 1975

4085

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 ..--..---.-...._.

1,473,370 157,746 26,500 --0--
13,000 15,000 9,000 110,000

Section 44A. In addition to all other appropriations for the fiscal year ending June 30, 1976, State funds are hereby appropriated to the agencies designated here inafter in the amounts listed for each such agency to fund a four percent (4%) salary increase, with a minimum of $400 and a maximum of $800, for State em ployees and certain county employees; seven percent (7%) salary increase for schoolteachers; eight and eight-tenths percent (8.8%) salary increase for school bus drivers; five percent (5%) salary increase for Academic University System Personnel; and five percent (5%) salary increase, with a $400 minimum, for Nonacademic University System Personnel, all of the above to be effective September 1, 1975:

Department of Audits .............$

Department of Administrative Services ___._-..___.___.$

Department of Agriculture .......

$

Department of Banking and Finance _______.___.__.._._.$

Department of Community Development ___._._._____.$

Office of Comptroller General __,,-_..-.-__....--..--._-.$

Department of Defense

.. ...$

Department of Education:

a.) Employees ...........................--........--.._..._...$

b.) Schoolteachers ........................._........_..............$

c.) Bus Drivers .....................................................^

Forestry Commission ....................-.......................__..$

Forest Research Council ....................................,......^

Georgia Bureau of Investigation __..___.-._.____-._.___.._-$

Office of the Governor ___._.._.__..._..._.__......___....._...-.$

Department of Human Resources ___.__.._.____..__...._._...$

Department of Labor ..........._........._...--..._...--._....--$

Department of Law _........................................_.......--$

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

Department of Offender Rehabilitation ............... $

Department of Public Safety ...._..............._.............$

Public Service Commission ,,...................................$

Regents, University System of Georgia ...._.......... $

Department of Revenue ............................................^

Secretary of State .......................... .........................$

State Scholarship Commission ...................._..........$

Soil and Water Conservation Committee __._.....____.$

Department of Transportation _,,...................... .....$

Department of Veterans Service ...........................$

Workmen's Compensation Board ....__...._.............--.$

59,500 218,641 338,157 37,032 69,540 90,512
36,669
475,000 29,972,562 1,054,742
362,872 3,823
153,335 86,410 9,341,310 45,759 53,051 538,234 931,854 621,625 55,610 11,510,000 422,186 140,805 18,755
5,263 20,165 265,022 41,566

4086

JOURNAL OF THE HOUSE,

Section 44B. In addition to all other appropriations for the fiscal year ending June 30, 1976, there is hereby appropriated to the agencies designated hereinafter the amount listed for each such agency for communications expense:

Supreme Court ............................ ^ Court of Appeals .......................... ^ Department of Administrative Services:
a.) Georgia Building Authority ___________.._.____.__,,.$ b.) All Other .......... ..^ Department of Agriculture ...................^ Department of Audits ....................... ^ Department of Banking and Finance __.,,.......___.,,..$ Department of Community Development --.__..,,.$ Office of Comptroller General ......... ^ Department of Defense .................... ...^ Department of Education ..........................................I Office of the Governor ... .... .....---$ Forestry Commission _.....-..__....,,.......,,.._....._._.......__..$ Georgia Motor Vehicle Commission _._.._.________..._.....$ General Assembly ._,,_____.__________,,________._____..________.._.__$ Department of Human Resources _.----_,,.--,,_.._--$ Department of Labor .....__......._........._,,......_.........._...$ Department of Law ........................ .^ Department of Natural Resources _....._._....,_..._..,,...$ Department of Offender Rehabilitation ___..........._.$ Department of Public Safety ....................$ Georgia Bureau of Investigation ._____-----_.----_.,,_.$ Public Service Commission _._____._._____._.__.,,____.___.____,,_.$ Regents, University System of Georgia .._._........,,.$ Department of Revenue __.___..____.__._._._________________....._.$ State Scholarship Commission .._.._...--_..__..-._.....,,-$ Secretary of State ....... ..................4 Department of Veterans Service .._.....-.......--..._..,,.$ Workmen's Compensation Board _....._.....,,.__._._.......$

3,000 6,827
4,476 15,937 26,227 6,273 1,388 22,812 14,288 24,298 124,952 30,966 9,942
426 34,061 369,814 13,100 18,015 54,871 54,096 107,499 15,758 11,985 916,822 75,228
1,389 27,833
7,167 5,059

Section 45. For grants to counties for road con struction and maintenance as provided in Sections of House Bill 1 of the regular 1975 Session:

Section 3 Section 2

20,000,000 15,000,000

Section 46. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No whole sale distributor of motor fuel shall be entitled to a refund covering shrinkage in the process of retailing motor fuel as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said

TUESDAY, MARCH 25, 1975

4087

wholesale distributor being engaged in retailing motor fuel.

Section 47. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitu tion of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or ap propriated for the fiscal year beginning July 1, 1975, and for each and every fiscal year thereafter, until all pay ments required under lease contracts have been paid in full, and if for any reason any of the sums herein pro vided under any other provision of this Act are insuf ficient 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 here by appropriated for lease rentals are to pay the gen eral obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds.

Section 48. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Gov ernor's recommendations contained in the Budget Report submitted to the General Assembly at the regular 1975 session, except as otherwise specified in this Act; provided, however, the Director of the Budget is au thorized 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 appropriation of State funds, nor which would require operating funds or capital outlay funds beyond fiscal year 1976, and pro vided, further, that no funds whatsoever shall be trans ferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Sub committees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Commit-

4088

JOURNAL OF THE HOUSE,

tees 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, com mission, institution or other agency of this State are in violation of this Section or in violation of any amend ments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report con tains no recommendation by the Governor of expendi tures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Gov ernment, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operat ing 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 49. 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. 1976 submitted to the 1975 Georgia General Assembly.

Section 50. The Director of the Budget shall deter mine the appropriations 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 51. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in, the foregoing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.
TOTAL APPROPRIATIONS
F. Y. 1976 _.__...___.._._._..___...__.__..__.._._.___.___.________.__.__....____..$1,965,919,489.62.

Section 52. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 53. All laws and parts of laws in conflict with this Act are hereby repealed.

TUESDAY, MARCH 25, 1975

4089

Representative Vaughn of the 57th moved that the House adopt the report of the Committee of Conference on HB 170.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Bargeron Battle Baugh Beck Berry Blackshear Bolster Bowman Bray Brown Buck Burruss Burton, Calhoun Carlisle Carn.es Carr Carrell Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton Cole Golem an Collins Colwell Connell Cooper Cox Crawford Culpepper Daugherty Davis Dean
Dent
Dixon
Dover
Edwards, C. W.

Edwards, W. Egan
Elliott Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glanton Glover Greer Ham Hamilton Harden Harris, B. B. Harris, J. G. Harris, J. F. Harrison Hatcher Hawk ins Hays Hill, B. L. Hill, G. Holmesi Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton
Kilgore
King
Knight
Kreeger

Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee Leggett Leonard Linder Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald McKinney Miles Milford Mostiler Mullinax Nessmith Nix Noble Owens. Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L.
Peters Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Ray Reaves Richardson
Ross
Rush
Russell, J.
Scott

4090
Shanahan Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow Sweat Taggart

JOURNAL OF THE HOUSE,

Thomason Thompson Tolbert Triplett Tucker Twiggs Vaughn Waddle Walker Wall

Ware Watson West White Whitmire Williams William son Wilsow Wood

Those voting in the negative were Representatives:

Banks Carter

Larsen, W. W.

Stone

Those not voting were Representatives:

Beckham Horton Matthews, C.

Russell, W. B. Sams Toles

Townsend Wheeler Mr. Speaker

On the motion, the ayes were 167, nays 4.

The motion prevailed and the report of the Committee of Conference on HB 170 was adopted.

Representatives Sams of the 90th and Beckham of the 89th requested the Journal record their votes as "aye" on the adoption of the report of the Com mittee of Conference on HB 170.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreement to the House amendment thereto:

SB 165. By Senator Overby of the 49th:
A Bill to amend Code Section 27-1402, relating to conditions of bail bonds and recognizances, as amended, so as to provide for proceedings to forfeit bonds or recognizances upon failure of the principal to appear; and for other purposes.

Representative Whitmire of the 9th moved that the House insist on its position in amending SB 165.
The motion prevailed.

TUESDAY, MARCH 25, 1975

4091

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

Mr. Speaker:

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House, to-wit:

HB 119. By Representatives McKinney of the 35th, Clark of the 55th and others:
A Bill 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 changing the population bracket to 300,000.
The President has appointed on the part of the Senate the following Senators: Coverdell of the 40th, Garrard of the 37th, and Howard of the 42nd:

The Senate has appointed a Second Committee of Conference on the following Bill of the Senate, to-wit:
SB 285. By Senators Starr of the 44th, Langford of the 51st, and Howard of the 42nd:
A Bill to declare unfair or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; to provide for the creation of a Consumer Advisory Board; to name the Administrator; to authorize the Administrator to conduct investigation; to provide for severability.

The President has appointed on the part of the Senate the following Senators: Robinson of the 27th, Banks of the 17th, and Langford of the 51st:

The Senate has adopted the report of the Conference Committee of the following Bill of the Senate, to-wit;

SB 125. By Senators Duncan of the 30th, Riley of the 1st, Broun of the 46th, and others:
A Bill to amend Code Section 57-101, relating to the legal rate of interest so as to change the legal rate of interest allowable by contract; to au thorize a lender to charge a service fee on any loan in addition to interest.

The following Bills of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HB 119. By Representatives McKinney of the 35th, Clark of the 55th, Sheats of the 28th and Carnes of the 43rd:
A Bill 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 changing the population bracket to 300,000; and for other purposes.

4092

JOURNAL OF THE HOUSE,

The following report of the Committee of Conference was read:

Conference Comittee Report on HB 119

Mr. President: Mr. Speaker:

Your Conference Committee on HB 119 has met and submits the following recommendation:

That the Senate and House recede from their respective positions and that the attached Substitute to HB 119 be adopted.

FOR THE SENATE
Is/ Ed Garrard Senator of 37th
/si Paul D. Coverdell Senator of 40th
/a/ Pierre Howard Senator of 42nd

Respectfully submitted,
FOR THE HOUSE
/si Charles L. Carries Representative of 43rd
Is/ Sidney J. Marcus Representative of 26th
/si 3. E. McKinney Representative of 35th

A BILL

To be entitled an Act to amend an Act providing that cities having a population of more than 150,000 by the United States Census of 1920, or subsequent census, shall furnish pensions to all officers and employees of such cities who have served 25 years, approved August 20, 1927 (Ga. Laws 1927, p. 265), as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3803) changing the population bracket to 300,000 or more according to the United States Decennial Census of 1970, or any future such census, so as to authorize present officers and em ployees of such cities to claim for service pension rights credit certain time served as a member of the Armed Forces; to provide conditions for such credit; to amend an Act providing for pensions for members of police departments in cities having a population of 150,000 or more, according to the latest census of the United States or any subsequent census thereof; and for other purposes more fully set out in the caption of said Act approved February 15, 1933 (Ga. Laws 1933, p. 213), as amended, so as to authorize present members of such pension funds to claim for service pension rights credit certain time served as a mem ber of the Armed Forces; to provide conditions for such credit; to amend an Act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000, according to the United States Census of 1920 or any subsequent census, approved August 13, 1924 (Ga. Laws 1924, p. 167), as amended, particularly by an Act approved February 20, 1964 (Ga. Laws 1964, p. 2161), and an Act approved April 5, 1971 (Ga. Laws 1971, p. 2937), so as to authorize present members of such pension funds to claim for service pension rights credit certain time served as a member of the Armed

TUESDAY, MARCH 25, 1975

4093

Forces; to provide conditions for such credit; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing that cities having a population of more than 150,000 by the United States Census of 1920, or subsequent census, shall furnish pensions to all officers and employees of such cities who have served 25 years, approved August 20, 1927 (Ga. Laws 1927, p. 265), as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3803) changing the population bracket to 300,000 or more accord ing to the United States Decennial Census of 1970, or any future such census, is hereby amended by adding at the end thereof the following:

"Any present officer or employee of any such city may claim for service pension rights credit any time served as a member of the Armed Forces during a period of actual hostilities, not exceeding four (4) years. Such officer or employee shall pay into the pension fund credited by this Act, as amended, an amount equal to the em ployee contribution and the matching employer contribution based on the employee's entrance salary with such city plus interest at the same rate the pension system earned net for each year from the date of the employee's original employment with such city to the date of application for such military service credit. The payments may be divided into not more than sixty (60) equal installments bearing interest at six percent (6%) per annum on the unpaid balance, and the amount may be deducted from any compensation due such person. Said officer or employee shall not be qualified to participate under the provisions of this Section until he has attained 10' years of creditable service in the pension system and unless he has been honorably discharged from the Armed Forces. Any officer or em ployee coming under the terms of this Act who is in the employment of any such city immediately prior to the effective date of this para graph may elect to come under the provisions of this paragraph by making written application to the Pension Board on or before De cember 31 of the year in which this paragraph shall be adopted."

Section 2. An Act providing for pensions for members of police departments in cities having a population of 150,000 or more, according to the latest census of the United States or any subsequent census there of; and for other purposes more fully set out in the caption of said Act approved February 15, 1933 (Ga. Laws 1933, p. 213), as amended, is hereby amended by adding at the end thereof the following:

"Any present member for the pension system for members of the police department of any such city may claim service pension rights credit any time served as a member of the Armed Forces dur ing a period of actual hostilities, not exceeding four (4) years. Such officer or employee shall pay into the pension fund created by this Act, as amended, an amount equal to the employee contribution and the matching employer contribution based on the employee's en trance salary with such city plus interest at the * same rate the pension system earned net for each year from the date of the employee's original employment with such city to the date of ap-

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plication for such military service credit. The payments may be divided into not more than sixty (60) equal installments bearing interest at six percent (6%) per annum on the unpaid balance, and the amount may be deducted from any compensation due such per
son. Said officer or employee shall not be qualified to participate under the provisions of this Section until he has attained 10 years of creditable service in the pension system and unless he has been honorably discharged from the Armed Forces. Any officer or employee coming under the terms of this Act who is a member of any such retirement system immediately prior to the effective date of this paragraph may elect to come under the provisions of this paragraph by making written application to the Pension Board on or before December 31 of the year in which this paragraph shall be adopted."

Section 3. An Act providing a system of pensions and other bene fits for members of paid fire departments in cities having a population of more than 150,000, according to the United States Census of 1920 or any subsequent census, approved August 13, 1924 (Ga. Laws 1924, p. 167), as amended, particularly by an Act approved February 20, 1964 (Ga. Laws 1964, p. 2161), and an Act approved April 5, 1.971 (Ga. Laws 1971, p. 2937), is hereby amended by adding at the end thereof the following:

"Any present member for the pension system for members of the fire department of any such city may claim service pension rights credit any time served as a member of the Armed Forces dur ing a period of actual hostilities, not exceeding four (4) years. Such officer or employee shall pay into the pension fund created by this Act, as amended, an amount equal to the employee contribution and the matching employer contribution based on the employee's entrance salary with such city plus interest at the same rate the pension system earned net for each year from the date of the em
ployee's original employment with such city to the date of applica
tion for such military service credit. The payments may be divided
into not more than sixty (60) equal installments bearing interest
at six percent (6%) per annum on the unpaid balance, and the
amount may be deducted from any compensation due such person.
Said officer or employee shall not be qualified to participate under
the provisions of this Section until he has attained 10 years of
creditable service in the pension system and unless he has been
honorably discharged from the Armed Forces. Any officer or em
ployee coming under the terms of this Act who is a member of any
such retirement system immediately prior to the effective date of
this paragraph may elect to come under the provisions of this para
graph by making written application to the Pension Board on or before December 31 of the year in which this paragraph shall be
adopted."

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

TUESDAY, MARCH 25, 1975

4095

Representative Carries of the 43rd moved that the House adopt the report of the Committee of Conference on HB 119.

On the motion, the ayes were 105, nays 1.

The motion prevailed and the report of the Committee of Conference on HB 119 was adopted.

SB 125. By Senators Duncan of the 30th, Riley of the 1st, Broun of the 46th and others:
A Bill to amend Code Section 57-101, relating to the legal rate of interest, so as to change the legal rate of interest allowable by contract; to au thorize a lender to charge a service fee on any loan in addition to interest; and for other purposes.

The following report of the Committee of Conference was read:

Conference Committee Report on SB 125

Mr. President: Mr. Speaker:

Your Conference Committee on SB 125 has met and submits the following recommendation:

That the Senate and House recede from their respective positions and that the attached Substitute to SB 125 be adopted.

FOR THE SENATE
/s/ J. Ebb Duncan Senator, 30th District
/s/ Jimmy Lester Senator, 23rd District
/s/ Loyce W. Turner Senator, 8th District

Respectfully submitted,
FOR THE HOUSE
/s/ Charles L. Carnes Representative, 43rd District
/s/ Rudolph Johnson Representative, 72nd District
/s/ Tom Triplett Representative, 128th District

A BILL
To be entitled an Act to amend Code Section 57-101, relating to. the legal rate of interest, so as to change the legal rate of interest allowable by contract; to amend Code Chapter 67-13, relating to conveyances to secure debt, as amended, so as to provide certain requirements relative to transfer fees for the transfer of real property involved in deeds to secure debt; to provide for other matters relative thereto; to provide

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JOURNAL OF THE HOUSE,

for severability; 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 Section 57-101, relating to the legal rate of in terest, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section, 57-101, to read as follows:

"57-101. Legal rate of interest; rate higher than nine per centum forbidden.--The legal rate of interest shall be seven per centum per annum, where the rate per centum is not named in the contract, and any higher rate must be specified in writing, but in no event shall any person, company, or corporation reserve, charge, or take for any loan or advance of money, or forbearance to enforce the collection of any sum of money, any rate of interest greater than nine per centum per annum, either directly or indirectly by way of commission for advances, discount, exchange, or by any contract or contrivance or device whatever."

Section 2. Code Chapter 67-13, relating to conveyances to secure debt, as amended, is hereby amended by adding a new Code Section between Code Section 67-1301 and Code Section, 67-1302 to be designated Code Section 67-1301.1 and to read as follows:

"67-1301.1 Requirements relative to transfer fees for the trans fer of real property involved in deeds to secure debt. When the grantor of a deed to secure debt transfers the real property securing the debt to a third party, and the grantor is relieved from liability on, the obiligation of the deed to secure debt, a transfer fee not to exceed 1% of the outstanding loan balance on the deed to secure debt may be charged such grantor, but in any such transfer when the grantor is not relieved from liability on the obligation of the deed to secure debt, such transfer fee may not exceed $75.00 or 1/2 of 1% of the outstanding loan balance, whichever amount is greater."

Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or uncon stitutional, such adjudication, shall in no manner affect the other 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 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

TUESDAY, MARCH 25, 1975

4097

Representative Carnes of the 43rd moved that the House adopt the report of the Committee of Conference on SB 125.

On the motion, the ayes were 83, nays 38.

The motion was lost and the report of the Committee of Conference on SB 125 was rejected.

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

Representatives Johnson and Bailey of the 72nd and Triplett of the 128th.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate insists on its amendment to the following Bill of the House, to-wit:

HB 908. By Representatives Elliott of the 49th, Adams of the 14th, Kilgore of the 65th, and others:
A Bill to amend Code Section 68A-1002, authorizing police officers to remove vehicles so as to authorize police officers to remove a vehicle which is stopped on a controlled access highway which is a part of the National System of Interstate and Defense Highways when such vehicle has been stopped for more than a certain period of time or when such vehicle constitutes a traffic hazard.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 908. By Representatives Elliott of the 49th, Adams of the 14th, Kilgore of the 65th and others:
A Bill to amend Code Section 68A-1002, authorizing police officers to remove vehicles, so as to authorize police officers to remove a vehicle which is stopped on a controlled access highway which is a part of the National System of Interstate and Defense Highways when such vehicle has been stopped for more than a certain period of time or when such vehicle constitutes a traffic hazard; and for other purposes.

Representative Elliott of the 49th moved that the House insist on its position in disagreeing to the Senate amendment to HB 908 and that a Committee

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JOURNAL OF THE HOUSE,

of Conference be appointed on the part of the House to confer with a like com mittee 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:

Representatives Elliott of the 14th and Ham of the 80th.

The following Bills of the House were taken up for the purpose of consider ing the reports of the Committees of Conference thereon:

HB 859. By Representative Hatcher of the 131st:
A Bill to amend Code Section 24A-1403, so as to provide that juveniles shall not be detained in a jail pending a committal hearing or indictment unless detained in a room separate and removed from those for adults; and for other purposes.

The following report of the Committee of Conference was read:

Mr. President: Mr. Speaker:

Your Conference Committee on HB 859 has met and recommends that the Senate and House recede from their respective positions and that the attached Substitute to said bill be adopted.

FOR THE SENATE
Is/ Roy Barnes Senator, 33rd District
/si W. Lee Robinson Senator, 27th District
I si Culver Kidd Senator, 25th District

Respectfully submitted,
FOR THE HOUSE
Is/ Charles Hatcher Representative, 131st District
Is/ Johnny Parrish Representative, 97th Disttrict
Isl Sidney J. Marcus Representative, 26th District

A BILL
To be entitled an Act to amend Code Section 24A-1403, relating to the place of detention of children under the jurisdiction of juvenile courts in order to provide for the places of detention, so as to provide that juveniles shall not be detained in a jail pending a committal hearing

TUESDAY, MARCH 25, 1975

4099

of indictment unless detained in a room separate and removed from those for adults; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 24A-1403, relating to the place of detention of children subject to the jurisdiction of the juvenile courts, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof the following:
"24A-1403. Place of Detention, (a) A child alleged to be de linquent may be detained only in:
(1) a licensed foster home or a home approved by the court;
(2) a facility operated by a licensed child welfare agency;
(3) a detention home or center for delinquent children which is under the direction or supervision of the court or of a private agency, for children, approved by the court;
(4) a facility operated by the Department of Human Resources in which event the Department shall select a suitable facility approved by the court; the Department of Human Resources may provide for nonsecure custody where deemed appropriate by the Department unless specifically directed by the court otherwise;
(5) any other suitable place or facility, for children, designated or operated by the court;
(6) Any appropriate place of security, only if the facility in paragraph (3) is not available and the detention is in a room separate and removed from those for adults and it appears to the satisfaction of the court that public safety and protection reasonably require detention and the court so orders.
(b) A child alleged to have committed an offense over which the superior court has concurrent jurisdiction under Section 24A-301 (b) shall be detained pending a committal hearing under Chapter 27-24 for indictment only in a facility stated in paragraphs (1) through (5) of subsection (a) unless it appears to the satisfaction of the juvenile court that public safety and protection reasonably require detention in a jail and the court so orders but only where the jail has a separate room, for children, removed from those for adults.
(c) If the case is transferred to any other court for criminal prosecution under Section 24A-2501, the child may be transferred to the appropriate officer or detention facility in accordance with the law governing the detention of persons charged with crime. However, in no event shall the child be incarcerated in the same room with adults.

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(d) The official in charge of the jail or other facilities for the detention of adult offenders or persons charged with crime shall immediately inform the juvenile court or a duly authorized officer of the juvenile court if a person who is or appears to be under the age of 17 years is received at the facility and shall bring him before the court upon request or deliver him to a detention or shelter care facility designated by the court.
(e) A child alleged to be deprived or unruly may not be detained in a detention home or center for delinquent children and shall be detained in nonsecure custody unless it appears that the child may abscond or be removed from the jurisdiction of the court and appropriate alternatives to secure detention are not available."
Section 2. Provided, however, nothing in this Act shall allow the Department of Human Resources to establish a quota system for the detention of juveniles by the juvenile courts of this State.
3. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Hatcher of the 131st moved that the House adopt the report of the Committee of Conference on HB 859.

On the motion, the ayes were 98, nays 0.

The motion prevailed and the report of the Committee of Conference on HB 859 was adopted.

HB 580. By Representative Murphy of the 18th:
A Bill to amend an Act known as the "Georgia Residential Finance Agency Act", so as to change the membership of the Authority; to provide for a minimum percentage of each bond issue to be placed in the capital reserve fund; and for other purposes.

The following report of the Committee of Conference was read:
Mr. President and Mr. Speaker:
Your Conference Committee on HB 580 has met and submits the following recommendations:

TUESDAY, MARCH 25, 1975

4101

That the House and Senate recede from their respective positions and that the attached Substitute to HB 580 be adopted.

FOR THE SENATE
Is/ Joseph E. Kennedy Senator, 4th District
1st Culver Kidd Senator, 25th District
Isl E. M. "Pete" McDuffie Senator, 19th District

Respectfully submitted,
FOR THE HOUSE
Isl Thomas "Mac" Kilgore Representative, 65th District
Is/ Frank I. Bailey Representative, 72nd District
Isl Gerald T. Horton Representative, 43rd District

A BILL
To be entitled an Act to amend an Act known as the "Georgia Residential Finance Agency" Act, approved March 26, 1974 (Ga. Laws 1974, p. 975; Ga. Code Chap. 99-36), so as to change the membership of the Authority created thereby and to change, clarify, delete and add certain terms thereto for the purpose of perfecting the statutory scheme and insuring its constitutionality before bond issuance thereunder: specifically, to change the name of said Act and the instrumentality created thereby from "Georgia Residential Finance Agency" to "Georgia Residential Finance Authority"; to provide specific authorization for a "loan-to-lenders" program whereby the Authority could lend funds to lending institutions for relending to eligible persons seeking to pur chase homes; to include the term "note" within the definition of the term "bond" for certain purposes; to set forth certain criteria to limit the Authority's discretion and to assist the Authority in the establish ment of its guidelines and procedures for the determination of persons and families eligible to benefit from Authority funds; to replace the terms "housing development" and "housing project" with the term "residential housing" and to add a definition of the term "real property"; to redefine the Authority created by said Act in order to make explicit the nature of such Authority as a public authority and to distinguish it clearly from a governmental agency; to reduce the membership of the Authority from 9 to 6 members; to provide for the effect of actions taken by the Authority prior to confirmation by the Senate of the ap pointment of a public member; to allow the Authority to invest proceeds from the sale of its bonds in obligations of, or guaranteed by, the United States and certain specifically designated agencies of the United States maturing up to 24 months after the date of purchase; to allow the Authority to invest monies held in reserve funds in obligations of, or guaranteed by, the United States and certain specifically designated agencies of the United States maturing up to 24 months after the date of purchase; to allow the Authority to invest monies held in sinking funds in obligations of or guaranteed by the United States, and certain specifically designated agencies of the United States so long as such obligations mature within 12 months of the date of purchase; to clarify the Authority's ability to enter into agreements to regulate the planning, development and management of residential housing undertaken by qualified housing sponsors; to insure that the Authority will be eligible

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for Federal monies available under the Federal Housing Community
Development Act of 1974; to establish certain statutory criteria or considerations to govern the exercise of administrative discretion by the Authority, particularly in determining the eligibility of persons or families for the benefits of the Act and the rents, purchase prices and interest rates to be charged in various programs of the Authority; to set forth specific statutory authorization and provisions relative to loans by the Authority to lending institutions; to make clear that no financing authorized under this Act will be utilized on housing outside this State; to specify that the statutory maximum on the amount of Authority bonds outstanding is not a contractual right and can be altered by statute; to clarify reference to trust indentures; to clarify the re lationship of said Act to the Georgia Revenue Bond Law (Ga. Laws 1937, pp. 761-774); to provide for venue and trial court jurisdiction in Fulton County in Authority bond validation proceedings; to authorize the issuance of bond anticipation notes under certain conditions; to require bonds issued by the Authority to contain recitals that such bonds do not obligate the State of Georgia; to allow the Authority to accept and utilize State appropriations or funds from any source; to provide for a minimum percentage of each bonds issue to be placed in a capital reserve fund; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act now known as the "Georgia Residential Finance Agency Act", approved March 26, 1974 (Ga. Laws 1974, p. 975; Ga. Code Chap. 99-36), is hereby amended by striking the words "Georgia Resi dential Finance Agency" from the title of said Act, from the preamble thereto, and from every Section of said Act in which such words appear, and by inserting in lieu thereof the words, "Georgia Residential Finance Authority".
Section 2. Said Act is hereby further amended by striking the period at the end of subparagraph (a) (4) of Section 2 and inserting in lieu thereof a semicolon, and by adding to such Section 2, between present subparagraph (a) (4) and the concluding paragraph of subsec tion 2(a), a new subparagraph (a) (5) to read as follows:
"(5) that in order to inject funds into lending institutions to facilitate the making of loans to families and persons of low and moderate income for the purchase of homes, cooperative apartments and condominiums, provisions should be made for loans at low interest rates to lending institutions for the making of mortgage loans to low and moderate income families and the purchasing of mortgage loans from lending institutions upon the condition that the proceeds from such purchases be used to make mortgage loans to families and persons of low and moderate income."
Section 3. Said Act is hereby further amended by adding the follow ing sentence to the end of subection 3(b) thereof:
"Wherever the words 'bond' or 'bonds' appear in Section 9, 11, 12 and 13 of this Act, they shall be deemed to include the words 'note' or 'notes' as defined in subsection (1) of this Section."

TUESDAY, MARCH 25, 1975

4103

Section 4. Said Act is hereby further amended by striking from subparagraph (d) (1) of Section 3 thereof the phrase "set by the Author ity in its rules; or ", and inserting in lieu thereof the phrase: "estab lished by the Authority in administrative guidelines and procedures established pursuant to the criteria set forth in Section 6(c) of this Act".

Section 5. Said Act is hereby amended by striking from subpara graph (d)(2) of Section 3 thereof the phrase "as determined by the rules of the Authority", and inserting in lieu thereof the phrase: "as determined by the administrative guidelines and procedures of the Au thority established pursuant to the criteria set forth in Section 6(c) of this Act".
Section 6. Said Act is hereby amended by striking from subpara graph (d)(3) of Section 3 thereof the phrase "as determined by the rules of the Authority", and inserting in lieu thereof the phrase: "as determined by the administrative guidelines and procedures of the Authority established pursuant to the criteria set forth in Section 6(c) of this Act".
Section 7. Said Act is hereby further amended by striking sub sections 3(g) and 3(h) thereof in their entirety, and inserting in lieu thereof the following language:
"(g) 'Real Property' shall mean all lands, franchises and inter ests in land, including lands under water and riparian rights, space rights and air rights, and any and all other things usually included within said term, and shall include any and all interests in such property less than full title, such as easements, incorporeal heredita ments and every estate, interest or right, legal or equitable, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens;

(h) 'Residential Housing' means a specific work or improve ment within Georgia undertaken primarily to provide dwelling ac commodations for eligible persons and families, including the acquisi tion, construction or rehabilitation of real property, buildings and improvements thereto and such community facilities as may be incidental or appurtenant thereto."

Section 8. Said Act is hereby further amended by striking the words "housing development" and "housing project" from every Section of said Act in which such words appear, and by inserting in lieu thereof the words, "residential housing".

Section 9. Said Act is hereby further amended by striking from subsection 3(k) thereof the last sentence in its entirety.

Section 10. Said Act is hereby further amended by striking the period at the end of subsection 3(m) and by adding after the word "families" the following phrase: "upon such terms and in conformity with administrative guidelines established by the Authority."

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Section 11. Said Act is hereby further amended by striking Section 4 thereof in its entirety, and inserting in lieu thereof the following language:

"Section 4. Creation and Organization. There is hereby created a public authority, a body corporate and politic to be known as the Georgia Residential Finance Authority, which shall be deemed an instrumentality of the State of Georgia and a public corporation."

Section 12. Said Act is hereby further amended by striking sub section (a) of Section 5 thereof in its entirety, and inserting in lieu thereof a new subsection (a) of Section 5 to read as follows:

"(a) Members of the Authority. The Authority shall be com posed of six members as follows: four permanent members who shall be (1) the Governor, or in the event he is unable to attend a meeting, the Director of the Office of Planning and Budget; (2) the State Auditor; (3) the Director of the Financing and Investment Division of the Georgia State Financing and Investment Com mission; (4) the Commissioner of Community Development but in the event the functions of the Department of Community Development transferred to it from the Bureau of State Planning and Community Affairs by the Executive Reorganization Act of 1972 (Ga. Laws 1972, p. 1015), are transferred to another department or a division or bureau of the Department or of another department, the executive officer of such department, bureau or division shall succeed to the permanent position held by the Commissioner of Community De velopment; and two public members to be appointed by the Governor and confirmed by the Senate. A public member appointed while the General Assembly is not in session shall hold office until his appointment is confirmed or rejected by the Senate. Any actions taken by the Authority in which a public member participates, prior to the confirmation or rejection of his appointment by the Senate, shall be of the same effect as if the public member had been confirmed prior to the time the action was taken. One of the public members shall be a representative of the home-building industry; and the other shall be a representative of the mortgage lending industry. The two public members shall not be residents of the same Congressional District. One of the public members shall reside outside of the Standard Metropolitan Statistical Areas of the State and the other shall reside within one of the Standard Metropolitan Statistical Areas of the State. One of the public members shall be appointed for an initial term of two years, and one of its public members shall be appointed for an initial term of four 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 Authority may appoint an Executive Director, who shall be a person experienced in mortgage lending, home building or real

TUESDAY, MARCH 25, 1975

4105

estate development. 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 Authority. A majority of 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. Whenever a permanent ex officio member of the Authority is un able to attend a meeting, he may designate in writing his Deputy to attend that meeting and act in his stead. 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 30 days during any one fiscal year, unless one of the public members is elected Chairman, in which event such compensation shall be limited to 100 days during any one fiscal year. The permanent members shall be reimbursed for actual expenses incurred in the performance of their duties under this Act."
Section 13. Said Act is hereby further amended by striking the period at the end of subparagraph (a) (12) of Section 6 thereof, and inserting a semicolon in lieu thereof.
Section 14. Said Act is hereby further amended by striking subparagraph (a) (14) of Section 6 thereof in its entirety, and inserting in lieu thereof the following language:
"(14) subject to any agreement with bondholders, to invest monies of the Authority not required for immediate use to carry out the purposes of this Act, including the proceeds from the sale of any bonds and any monies held in reserve funds, in temporary or nonpurpose obligations maturing no longer than 24 months from the date of purchase. Such temporary or nonpurpose investments by the Authority shall be limited to general obligations of the United States or of subsidiary corporations of the United States Government fully guaranteed by such government, or obligations issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank and Central Bank for Cooperatives, and no other. Income earned on any such investments shall be retained by the Authority and used to purchase and retire any debt, or any bonds or obligations issued by the Authority and may be used to pay operating expenses of the Authority."

Section 15. Said Act is hereby further amended by striking the words "reserve or" from subparagraph (a) (16) of Section 6 thereof, and by inserting the words "or by an agency of the United States specified in subparagraph (a) (14) of this Section" between the word "States" and the comma before the word "maturing" in subparagraph (a) (16) of Section 6.

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Section 16. Said Act is hereby further amended by striking subparagraph (a) (17) of Section 6 thereof in its entirety and inserting in lieu thereof the following language:
"(17) to make, and contract to make, loans to lending institu tions on such terms and conditions as it shall determine and all lending institutions are authorized to borrow from the Authority in accordance with the provisions of Section 7(e) of this Act and the administrative guidelines established by the Authority pursuant to criteria set forth in this Act."
Section 17. Said Act is hereby further amended by striking subparagraph (a) (18) of Section 6 thereof in its entirety and inserting in lieu thereof the following language:
"(18) to enter into agreements with qualified housing sponsors providing for regulation by the Authority of the planning, develop ment and management of any residential housing undertaken by such qualified housing sponsors and the disposition of the property and franchises of such qualified housing sponsors."

Section 18. Said Act is hereby further amended by inserting a comma and the phrase "and pursuant to the Housing Community Development Act of 1974" between the word "amended" and the semicolon at the end of subparagraph (a) (24) of Section 6 thereof.
Section 19. Said Act is hereby further amended by striking sub section 6(c) thereof in its entirety, and inserting in lieu thereof the following language:

"(c) The Authority shall establish administrative guidelines as to limitations for eligible persons and families for the purposes of Section 3(d) of this Act in accordance with the following con siderations:

(1) the amount of total income of such persons and families available for housing needs;

(2) the size of the family;

(3) the conditions and costs of obtaining and maintaining existing and available housing facilities;
(4) the costs of obtaining and maintaining newly constructed housing facilities, including considerations of the total development costs of such housing and the costs of financing such housing as affected by prevailing and available financing terms and conditions relating to nonfederally aided and nonstate aided mortgages."

Section 20. Said Act is hereby further amended by adding the phrase "in the State of Georgia" in the first sentence of subsection 7(a) thereof between the word "housing" (formerly "developments")

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4107

and the word "as" and between the word "housing" and words "for eligible".
Section 21. Said Act is hereby further amended by striking sub section 7(d) thereof in its entirety, and inserting in lieu thereof the following language:
"(d) For the purposes of carrying out the provisions of this Section, the Authority shall establish administrative guidelines and procedures for determining the eligibility of occupants and rental or carrying charges, including guidelines and procedures with respect to periodic review of occupant incomes and periodic adjust ment of rental or carrying charges, in accordance with the criteria set forth in Section 6(c) of this Act."

Section 22. Said Act is hereby further amended by renumbering present subsection 6(e) thereof as a new subsection 6(f), and inserting a new subsection 6(e) to read as follows:
"(e) The Authority may make, and contract to make, loans to lending institutions on such terms and conditions as it shall deter mine in accordance with the following criteria, and all lending institutions are authorized to borrow from the Authority in ac cordance with administrative guidelines of the Authority established pursuant to the following criteria:

(1) The Authority shall require that each lending institution receiving a loan pursuant to this subsection shall issue and deliver to the Authority an evidence of its indebtedness to the Authority which shall constitute a general obligation of such lending institu tion and shall bear such date or dates, shall mature at such time or times, shall be subject to prepayment, and shall contain such other provisions consistent with this Section, as the Authority shall determine.
(2) Notwithstanding any other provision of this Section to the contrary, the interest rate or rates and other terms of loans to lending institutions made from the proceeds of any issue of bonds or notes of the Authority shall be at least sufficient to assure the payment of said bonds or notes and the interest thereon as the same become due.
(3) The Authority shall require that loans to lending institutions made pursuant to this Section shall be secured as to payment of both principal and interest by a pledge of collateral security in such amounts as the Authority shall determine to be necessary to assure the payment of such loans and the interest thereon as the same become due. Such collateral security shall consist of (A) obligations of or guaranteed by the United States of America; (B) obligations of any of the following: Bank for Cooperatives, Federal Intermediate Credit Bank, Federal Home Loan Bank System, Export-Import Bank, Federal Land Banks, Federal National Mortgage Association or the Government National Mortgage

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Association; (C) obligations of the State or any municipality therein; (D) mortgages insured by the Federal Housing Administra tion or guaranteed by the Veterans Administration and such other mortgages insured or guaranteed by the Federal government or by a private insurer as to payment of principal and interest as shall be approved by the Authority; or (E) conventional mortgages approved by the Authority.

(4) The Authority may require that collateral for loans be deposited with a bank, trust company or other financial institution acceptable to the Authority located in the State and designated by the Authority as custodian therefor. In the absence of such requirement, each lending institution shall enter into an agreement with the Authority containing such provisions as the Authority shall deem necessary to (A) adequately identify and maintain such collateral, (B) service such collateral, and (C) require the lending institution to hold such collateral as an agent for the Authority and be accountable to the Authority as the trustee of an express trust for the application and disposition thereof and the income therefrom. The Authority may also establish such additional require ments as it shall deem necessary with respect to the pledging, assigning, setting aside, or holding of such collateral and the making of substitutions therefor or additions thereto and the disposition of income and receipts therefrom.

(5) The Authority shall require as a condition of each loan to a lending institution that such lending institution, within such period after receipt of the loan proceeds as the Authority may prescribe by regulation, shall have entered into written commit ments, to make, and, within such period thereafter as the Authority may prescribe by regulation, shall have disbursed such loan pro ceeds in new residential mortgage loans to eligible persons and families in an aggregate principal amount equal to the amount of such loan. Such new residential mortgage loans shall have such terms and conditions as the Authority may prescribe.

(6) The Authority shall require the submission to it by each lending institution to which the Authority has made a loan evidence satisfactory to the Authority of the making of new residential mortgage loans to eligible persons and families as required by this Section, and in connection therewith may, through its employees or agents, inspect the books and records of any such lending institution.

(7) The Authority may require as a condition of any loans to lending institutions such representations and warranties as it shall determine to be necessary to secure such loans and carry out the purposes of this Section.

(8) Compliance by any lending institution with the terms of its agreement with or undertaking to the Authority with respect to the making of any new residential mortgage loans to eligible persons and families may be enforced by decree of any court of competent jurisdiction. The Authority may require as a condition

TUESDAY, MARCH 25, 1975

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of any loan to any national banking association the consent of such association to the jurisdiction of courts of the State over any such proceeding. The Authority may also require, as a condition of any loan to a lending institution, agreement by such lending institution to the payment of penalties to the Authority for violation by the lending institution of its undertakings to the Authority, and such penalties shall be recoverable at the suit of the Authority.

(9) To the extent that any provisions of this subsection 7(e) may be inconsistent with any provision of law of the State govern ing the affairs of lending institutions, the provisions hereof shall control."

Section 23. Said Act is hereby further amended by adding to the end of subsection 9(a) thereof the following language:

"The fixing of a statutory maximum in this Section shall not be construed as constituting a contract between the Authority and the holders of its bonds and notes that additional bonds and notes may not be issued subsequently by the Authority in the event that such statutory maximum shall subsequently be increased by law."

Section 24. Said Act is hereby further amended by striking from subsection 9(g) thereof the phrase "or the trust indenture hereinafter mentioned", and inserting in lieu thereof the following language: ", or as any trust indenture subject to which such bonds were issued,".

Section 25. Said Act is further amended by striking therefrom subsection 9(1) in its entirety, and inserting in lieu thereof the follow ing language:

"(1) All revenue bonds issued by the Authority under this Act shall be executed, confirmed and validated under, and in accordance with, the Revenue Bond Law of the State of Georgia (Ga. Laws 1937, pp. 761-774), as heretofore and hereafter amended, except as otherwise provided in this Act."

Section 26. Said Act is hereby further amended by adding a new subsection (o) to Section 9 thereof to read as follows:

"(o) The Venue for all bond validation proceedings pursuant to this Act shall be Fulton County and the Superior Court of Fulton County shall have exclusive trial court jurisdiction over such proceedings."

Section 27. Said Act is hereby further amended by inserting between Sections 9 and 10 thereof a new Section 9.1 to read as follows:

"Section 9.1. Bond Anticipation Notes. The Authority is authorized to issue bond anticipation notes and may renew the same from time to time but the maximum maturity of such notes, including renewals thereof, shall not exceed five years from the

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date of issue of such original notes. Such notes shall be payable from any moneys of the Authority available therefor and not otherwise pledged or from the proceeds of sale of the bonds of the Authority in anticipation of which they were issued. The notes may be issued for any corporate purpose of the Authority. The notes shall be issued in the same manner as bonds and such notes and the resolution or resolutions authorizing the same may contain any provisions, conditions or limitations, not inconsistent with the provisions of this Section, which bonds or a bond resolution of the Authority may contain. Such notes may be sold at public or private sale. In case of default on its notes or violation of any obligations of the Authority to the noteholders, the noteholders shall have all the remedies provided herein for bondholders. Such notes shall be as fully negotiable as the bonds of the Authority."
Section 28. Said Act is hereby further amended by striking the period at the end of Section 10 thereof, inserting in lieu thereof a comma and adding the following language:
"and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section: Provided, however, such funds as may be received from State appropriations or from any source are hereby declared to be available for, and may be used by, the Authority for the performance of any lease or contract entered into by the Authority or for the payment of any obligations of the Authority incurred pursuant to this Act."
Section 29. Said Act is hereby further amended by striking para graph (2) of subsection (a) of Section 12 in its entirety, and inserting in lieu thereof a new paragraph (2) of subsection (a) of Section 12 to read as follows:
"(2) any proceeds of sales of bonds to the extent provided in the resolution of the Authority authorizing the issuance thereof except that the amount under this paragraph shall not be less than 10% of such proceeds;".
Section 30. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. The Governor shall appoint the public members after the effective date of this Act, and those members together with the four permanent members of the reconstituted Authority shall take office on May 1, 1975.
Section 31. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Horton of the 43rd moved that the House adopt the report of the Committee of Conference on HB 580.

On the motion, the ayes were 108, nays 0.

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4111

The motion prevailed and the report of the Committee of Conference on HB 580 was adopted.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 54. By Senator Barker of the 18th:
A Bill to provide that it shall be unlawful for any masseur or masseuse to massage any person of the opposite sex; to provide that it shall be unlawful for any person engaged in the massage business to allow any masseur or masseuse in his employment to massage any person of the opposite sex upon those premises upon which such business shall be conducted; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 26-20, relating to sexual offenses, as amended, so as to create the crime of masturbation for hire; to provide for definitions; to provide for penalties; to amend Code Chapter 72-3, relating to houses of prostitution, so as to provide that houses, buildings, structures or places, and the contents thereof used for masturbation for hire shall be a nuisance and may be abated; to provide that the conviction of the owner or operator of any such building, structure or place for certain stated offenses based on conduct or an act or occurrence in or on the premises of such building, structure or place shall be prima facie evidence of the nuisance and the existence thereof; to provide that it shall be unlawful for any masseur or mas seuse to massage any person in certain buildings, structures or places; to provide for definitions; to provide for penalties; 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 Chapter 26-20, relating to sexual offenses, as amended, is hereby amended by adding at the end thereof a new Code Section, to be designated as Code Section 26-2021, to read as follows:
"26-2021. Masturbation for hire.--A person, including a mas seur or masseuse, commits masturbation for hire when he erotically stimulates the genital organs of another, whether resulting in orgasm or not, by manual or other bodily contact, exclusive of sexual intercourse, or by instrumental manipulation for money or other consideration. A person committing masturbation for hire shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor."

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Section 2. Code Chapter 72-3, relating to houses of prostitution, is hereby amended by striking Code Section 72-301 in its entirety and inserting in lieu thereof a new Code Section 72-301, to read as follows:
"72-301. Houses and contents declared a nuisance.--Whosoever shall knowingly erect, establish, continue, maintain, use, own or lease any building, structure or place used for the purpose of lewdness, assignation, prostitution or masturbation for hire shall be guilty of maintaining a nuisance, and the building, structure or place, and the ground itself in or upon which such lewdness, assignation or prostitution shall be conducted, permitted or carried on, continued or shall exist, and the furniture, fixtures, musical instruments and other contents of such building or structure are also declared to be a nuisance, and may be enjoined and abated as hereinafter provided. The conviction of the owner or operator of any such building, structure or place for any of the above stated offenses based on conduct or an act or occurrence in or on the premises of such building, structure or place shall be prima facie evidence of the nuisance and the existence thereof."
Section 3. It shall be unlawful for any masseur or masseuse to massage any person in any building, structure or place used for the purpose of lewdness, assignation, prostitution or masturbation for hire. As used in this Section "masseur" means a male who practices massage or physiotherapy, or both. As used in this Section "masseuse" means a female who practices massage or physiotherapy, or both. Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendments were read and adopted:

Representative Hatcher of the 131st moves to amend the Committee sub stitute to SB 54 as follows:
By striking on page 2, line 3, the words "or other consideration",
And by inserting in lieu thereof the following: "or the substantial equivalent thereof".

Representatives Walker of the 115th and Karrh of the 106th move to amend the Committee substitute to SB 54 as follows:
By adding a new section to be Section 4 and to read as follows:
"Should any part of this Act be declared unconstitutional or invalid, the same shall not affect the remainder of this Act or any part hereof, other than the part so held to be invalid.",
and by renumbering Section 4 as Section 5.

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4113

An amendment, offered by Representative King of the 96th, 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 ayes were 127, nays 6.

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

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has rejected the Report of the Committee of Conference on the following Bill of the House, to-wit:

HB 247. By Representatives Edwards of the 110th, Harris of the 8th, Vaughn of the 57th and others:
A Bill to amend an Act authorizing the Dept. of Administrative services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, so as to increase to twelve cents per mile the rate at which the State reimburses expenses incurred by employees of the State or any agency thereof.

The Senate has appointed as a Second Committee of Conference the following Senators: Howard of the 42nd, Shapard of the 28th, and Holloway of the 12th:

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and submits the following supplement to the calendar already adopted this March 25, 1975, by adding the following:
SB 16. Public Safety Uniform Div., Rules. SB 29. Teachers'Retirement System; Prior Service Credit SB 209. Shareholders Meetings: Actions

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SB 260. Board of Corrections; Inmate Expenses of the Trial SR 96. Outdoor Advertising & Junk Yards; Regulation

Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, Lee of 72nd Chairman

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

SR 144. By Senator Holloway of the 12th:
A Resolution authorizing the conveyance of certain real property located in Lee and Dougherty Counties, Georgia; and for other purposes.

The following floor substitute, offered by Representatives Hatcher of the 131st, Hutchinson of the 133rd, McCollum of the 134th, and others was read:
A RESOLUTION
Authorizing the conveyance of certain real property located in Lee and Dougherty Counties, Georgia, and the lease of certain real property located in Grady County, Georgia; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property known as Chehaw State Park located in Lee and Dougherty Counties, Georgia, which is presently under the control and jurisdiction of the Department of Natural Resources, Parks and Historic Sites Division; and
WHEREAS, said real property is all those tracts or parcels of land lying and being in Lee and Dougherty Counties, Georgia, and more particularly described as follows:
"Tract 1: All that tract or parcel of land lying and being in Lee and Dougherty Counties, Georgia, and known and described as a part of the Ball Place, beginning at a point on the West line of Land Lot No. 299, where said line is intersected by the AlbanyPhilema Road; thence run in a Northeasterly direction along said Albany-Philema Road a distance of 8200 feet; thence run in a Northwesterly direction at right angles to said center line of said road 4800 feet, more or less, to Muckalee Creek; thence following the meanders of said creek in a Southwesterly direction to the North line of Land Lot 1, First District Lee County, Georgia; thence in a Westerly direction to the West line of said Land Lot;

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4115

thence South to point of beginning. Said tract containing parts of Lots 34, 35, 36, 2, and all of fractional Lot 1, First District, Lee County, Georgia, and parts of Lots 297, 298, and 299, First District, Dougherty County, Georgia. Said above described tract lying in one body, and containing 600 acres, more or less. Also all that part of Land Lot 328, First District, Dougherty County, Georgia, lying between the East line of said Land Lot 328 and the low water line of Muckalee Creek, and being part of Subdivision "E", Nelson Place.

Tract 2: Starting at the intersection of the South Boundary of the Philema Road and the East Boundary of Lakeshore Drive Alley projected north run N 70 degrees 58' E 233.39' along the South Boundary of the Philema Road to the point of beginning; thence run S 11 degrees - 18' E for 184.5'; thence S 6 degrees 58' E for 134.2'; thence S 4 degrees - 6' W 384.0'; thence S 85 degrees 54' E for 240.0'; thence N 29 degrees - 16' E for 465' more or less to the low water line of the Muckafoonee Creek; thence in a northwesterly direction along the low water line of the Muck afoonee Creek to the South Right-of-Way of the Philema Road; thence S 70 degrees - 58' W along the South Right-of-Way of the Philema Road for 48' more or less to the point of beginning. Said tract containing approximately 4.5 acres being a part of the Lake side Sub-division as recorded in Plat Book 1, Page 91, of the office of the Clerk of the Superior Court, Dougherty County, Georgia. Said property being a portion of Land Lot Number 327 in the First Land District of Dougherty County, Georgia, and described with particularity on a plat designated Exhibit "A", and by reference made a part hereof.

Less State of Georgia (Grantor) to City of Albany (Grantee): Beginning at the northwest corner of Land Lot Number 299 of the First Land District; thence in a southerly direction along the west line of Land Lot 299 six hundred sixty feet (660) more or less to a point where said west line intersects the northwest right-of-way line of the Albany-Philema Road; thence along the northwest right-of-way line of the Albany-Philema Road North fifty-two (52) degrees East and North forty-nine (49) degrees East one thousand eighty (1080) feet more or less to a point where said right-of-way line and the North line of Land Lot 299 intersect; thence in a westerly direction along the North line of Land Lot 299 eight hundred (800) feet more or less to the northwest corner of Land Lot 299 and point of beginning. Said tract or parcel of land containing six (6.0) acres more or less, including part of the Georgia Power Company Reservoir, being that portion of Land Lot 299, First Land District of Dougherty County, lying North and West of the Albany-Philema Road. This conveyance being subject to all previous easements, deeds, or rights held by Georgia Power Company over that portion of this tract covered by the Power Company Reservoir.
Said tract hereinbefore described being part of the tract con veyed by the City of Albany, a Municipal Corporation, of the County of Dougherty and the State of Georgia, to the State of Georgia on May 12, 1937, said conveyance being recorded in Deed

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Book 76, Folio 278 of Dougherty County Records, with plat recorded in Plat Book 1, page 151 of Dougherty County Records.

Subject to Lease Agreement--State Properties Commission and City of Albany for 99.414 acres tract of land (a part of Chehaw State Park).";
WHEREAS, the Board of Natural Resources, by a Resolution dated February 27, 1975, has indicated that the above described real property is no longer needed by the Department of Natural Resources, Parks and Historic Sites Division and is therefore surplus; and

WHEREAS, the City of Albany, Georgia, needs and desires said real property for public recreation purposes; and

WHEREAS, the State of Georgia is currently the owner of two tracts of land located in the City of Cairo, Grady County, Georgia, which is currently under the control and jurisdiction of the Commissioner of Agriculture and the Georgia Department of Agriculture; and

WHEREAS, said tracts of land are more particularly described as follows:

"1. Approximately one acre of land abutting the north rightof-way margin of llth Avenue northeast in the City of Cairo for 270 feet and extending north 161 feet; and

2. Approximately 1.9 acres of land abutting the east margin of Market Stret and the south right-of-way margin of llth Avenue northeast in the City of Cairo and extending south to county prop erty now housing the ASC offices."; and

WHEREAS, said tracts of land are not currently needed by the Department of Agriculture or the State of Georgia and are, therefore, surplus; and

WHEREAS, Grady County is in need of adequate facilities to update and modernize the local offices of the University of Georgia Extension Service and to provide adequate parking facilities.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the control and jurisdiction over said tracts of land hereinabove described and located in Lee and Dougherty Counties, Georgia, are hereby transferred to the State Properties Com mission or the Governor and said Commission, or the Governor, which ever the case may be, is hereby authorized to convey said tracts or parcels of land subject to the following conditions:

(1) That said tracts or parcels of land shall be conveyed to the City of Albany, Georgia.

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(2) The following items shall be transferred along with the real property hereinabove described:
a. one hundred and four concrete picnic tables. b. forty-four wood picnic tables c. forty-four grills d. playground equipment e. boat docks f. fishing docks g. one concession building h. one family/group shelter i. seven picnic shelters j. one assembly shelter k. two comfort stations 1. two rest stations m. one miniature golf course n. one maintenance building
o. one ranger residence
p. one superintendent residence
q. one other residence

No desks, chairs, file cabinets, adding machines, typewriters, trucks, mowers, hand tools, or personal property of any kind shall be trans ferred.

(3) That the consideration for said conveyance shall be Ten Dollars ($10.00).

(4) That the said tracts or parcels of land and facilities shall be used only for public recreational or other nonprofit purposes and uses and said tracts or parcels of land shall be conveyed with convenants requiring such use.

BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Commissioner of Agriculture, acting for and on behalf of the State of Georgia, is hereby authorized to lease said tracts of land hereinabove described and located in Grady County, Georgia, to Grady County subject to the following conditions:

(1) That the consideration for said lease shall be as agreed upon by the Commissioner of Agriculture and the governing authority of Grady County.

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(2) That said tracts of land leased to Grady County be used by Grady County.

(3) That the terms and conditions of any lease agreement executed pursuant to the authority of this resolution shall be as agreed upon by the Commissioner of Agriculture and the governing authority of Grady County.

The following amendment to the floor substitute was read and adopted:

Representative Colwell of the 4th moves to amend the floor substitute to SR 144 as follows:
By striking from line 10 of page 5 the following:
", or the Governor, whichever the case may be,".

The floor substitute, as amended, was adopted.

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

On the adoption of the Resolution, by substitute, as amended, the ayes were 102, nays 2.

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

SR 84. By Senator Kidd of the 25th:
A Resolution authorizing the conveyance of certain State owned real property located in Baldwin County, Georgia, to Mr. George E. Youngblood; 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 108, nays 0.

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

SR 85. By Senator Kidd of the 25th: A Resolution authorizing the conveyance of certain State owned real

TUESDAY, MARCH 25, 1975

4119

property located in Baldwin County, Georgia, to Mr. George E. Youngblood; 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 95, nays 0.

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

SR 100. By Senators Hudgins of the 15th, Stephens of the 36th, Pearce of the 16th and others:
A RESOLUTION
Relative to the Fox Theater building; and for other purposes.
WHEREAS, the Fox Theater building, located in the City of Atlanta, was constructed between 1927 and 1929 and opened to the public in that year as a movie palace and since that time has provided joy and inspira tion to the thousands of people who have visited it; and
WHEREAS, the Fox Theater building is one of the most outstanding architectural achievements of its kind in the United States, possessed of magnificent proportions, outstanding architectural detail and orna mentation, extraordinary organ, mechanical equipment, and acoustics; and
WHEREAS, the Fox Theater building remains in sound structural condition and is adequate and adaptable to many cultural and commercial uses for the benefit of the people of Atlanta and Georgia; and
WHEREAS, the Fox Theater building is considered by people every where to be a landmark of the City of Atlanta and one of the most glamorous buildings in the State of Georgia and has been placed on the National Register of Historic Places as a valuable architectural structure worthy of preservation for the benefit of this and future generations of citizens of our country; and
WHEREAS, Mosque Incorporated, owner of the Fox Theater build ing, has accepted an option for purchase of the same by Southern Bell Telephone and Telegraph Company, and this structure will be destroyed unless some individual, group or governmental agency shall agree to purchase the same by May 1, 1975; and
WHEREAS, two organizations, the Atlanta Landmark Society, Save the Fox Committee and Foxsave are now actively engaged in the neces sary plans to secure funds and acquire the Fox Theater building so that

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it may be saved from destruction and preserved for the benefit of other generations; and

WHEREAS, due to economic conditions and other reasons, there is a grave possibility that plans and financing efforts to save the Pox Theater building cannot be completed before May 1, 1975, but that the same can be secured in the event a sufficient additional period of time can be arranged.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby expresses the fervent hope and sincere desire that the Fox Theater building be preserved from destruction and that the same be continued in existence for the benefit and enjoyment of this and future generations of Georgians.

BE IT FURTHER RESOLVED that this body hereby respectfully requests the shareholders and officers of Mosque Incorporated and the management of Southern Bell Telephone and Telegraph Company to postpone the present May 1, 1975, deadline previously set for those interested in acquiring the Xox Theater building for purposes of pre serving the same and to set a new date, which shall not be earlier than February 1, 1976, in order that sufficient time shall be provided to ar range the necessary planning and financing by those individuals, organi zations or governmental agencies interested in the preservation and continued use of the Fox Theater building by this and future generations.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit appropriate copies of this Resolution to the officers of Mosque Incorporated and to the officers of Southern Bell Telephone and Telegraph Company.

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 91, nays 0.

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

SR 171. By Senator Dean of the 6th:
A Resolution authorizing and directing the State Department of Trans portation to designate a bridge in Wayne County, Georgia, as the "John Henry Lane, Jr., Bridge".

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 107, nays 0.

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4121

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

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 605. By Representatives Tolbert of the 56th, Williamson of the 45th, Noble of the 48th, and others:
A Bill to amend an Act to provide that no person, firm or corporation (or employee of any municipality) shall transport, pursuant to a contract (oral or otherwise), garbage, trash, waste or refuse across State or county boundaries for the purpose of dumping same; so as to provide certain exceptions.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 605. By Representatives Tolbert of the 56th, Williamson of the 45th, Noble of the 48th and others:
A Bill to amend an Act to provide that no person, firm or corporation (or employee of any municipality) shall transport, pursuant to a contract (oral or otherwise), garbage, trash, waste or refuse across State or county boundaries for the purpose of dumping same; so as to provide certain exception; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act to provide that no person, firm or corporation (or employee of any municipality) shall transport, pur suant to a contract (oral or otherwise), garbage, trash, waste or refuse across State or county boundaries for the purpose of dumping same, approved April 5, 1971 (Ga. Laws 1971, p. 445), so as to provide for cer tain exceptions; for certain counties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act to provide that no person, firm or corporation (or employee of any municipality) shall transport pursuant to a con tract (oral or otherwise), garbage, trash, waste or refuse across State

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or County boundaries for the purpose of dumping same, approved April 5, 1971 (Ga. Laws 1971, p. 445), is hereby amended by striking the period following the word "located" where the same appears at the end of Section 1 and by inserting, immediately following said word "located" the following:

"; provided, that the provisions of this Section shall not apply to the transportation of garbage, trash, waste or refuse across county boundaries of those counties of this State having a popula tion of 600,000 or more according to the United States Decennial Census of 1970 or any future such census or of those counties having a population of 70,000 or more according to the United States Decen nial Census of 1970 or any future such census, the territorial bound aries of which, or any portion thereof, are contiguous to any portion of the territorial boundaries of any such county having a population of 600,000 or more according to said United States Decennial Census of 1970 or any future such census; provided, however, that the im mediately preceding proviso shall not be effective with respect to any county having a population of not less than 70,000 and not more than 72,500, according to the United States Decennial Census of 1970 or any future such census, when:

(a) the transportation of such material across county bound aries involves only the boundaries of counties described herein; and

(b) the transportation of combustible garbage, trash, waste or refuse across county boundaries shall be to a Georgia Power Company Plant for fuel purposes pursuant to the terms of a reclama tion or recycling program approved by the Georgia Division of Environmental Protection; provided, however, that the Georgia Power Company shall be required to consume such garbage, trash, waste or refuse, in whatever form, within 60 days or return the same to the county from which it was transported.",

so that when so amended Section 1 shall read as follows:

"Section 1. No person, firm or corporation (or employee of any municipality) shall transport, pursuant to a contract (oral or otherwise), garbage, trash, waste or refuse across State or county boundaries for the purpose of dumping same, whether or not it is to be dumped at a publicly or privately owned dump, unless permission is first obtained from the governing authority of the county in which the dump is located; provided, that the provisions of this Section shall not apply to the transportation of garbage, trash, waste or refuse across county boundaries of those counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census or of those counties having a population of 70,000 or more according to the United States Decennial Census of 1970 or any future such census, the territorial boundaries of which, or any portion thereof, are contiguous to any portion of the territorial boundaries of any such county having a population of 600,000 or more according to said United States Decennial Census of 1970 or any future such census; provided, however, that the immediately preceding proviso shall

TUESDAY, MARCH 25, 1975

4123

not be effective with respect to any county having a population of not less than 70,000 and not more than 72,500, according to the United States Decennial Census of 1970 or any future such census; when:

(a) the transportation of such material across county bound aries involves only the boundaries of counties described herein; and

(b) the transportation of combustible garbage, trash, waste or refuse across county boundaries shall be to a Georgia Power Com pany Plant for fuel purposes pursuant to the terms of a reclamation or recycling program approved by the Georgia Division of Environ mental Protection; provided, however, that the Georgia Power Company shall be required to consume such garbage, trash, waste or refuse, in whatever form, within 60 days or return the same to the county from which it was transported."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Tolbert of the 56th moved that the House agree to the Senate substitute to HB 605.

On the motion, the ayes were 97, nays 2.

The motion prevailed and the Senate substitute to HB 605 was agreed to.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 121. By Senator Overby of the 49th:
A Bill to amend an Act relating to the Department of Revenue and ad ministration of the tax laws, as amended, so as to provide that the At torney General shall furnish such legal services as may be necessary; and for other purposes.

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

On the passage of the Bill, the ayes were 109, nays 0.

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

4124

JOURNAL OF THE HOUSE,

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

SR 99. By Senator Stumbaugh of the 55th: A Resolution designating the honeybee as the official State insect.

An amendment, offered by Representative Rush of the 121st, was read and withdrawn by unanimous consent.
An amendment, offered by Representative Ham of the 80th, was read and ruled out of order by the Speaker.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 101, nays 8.
The Resolution, having received the requisite constitutional majority, was adopted.

Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was again taken up for consideration:

SR 96. By Senator Reynolds of the 48th:
A RESOLUTION
Proposing an amendment to the Constitution so as to amplify the areas of regulation of outdoor advertising and junk yards and the acquisition of necessary property interests adjacent to the Federal-Aid Highway System; to authorize the acquisition of property for the pur pose of removing and regulating outdoor advertising and junk yards adjacent to the Federal-Aid Highway System so as to avoid the loss of huge sums of money which would otherwise be available to the State from the United States of America as federal-aid highway assistance; to authorize zoning of property adjacent to the Federal-Aid Highway System; to authorize rules and regulations governing outdoor advertising and junk yards adjacent to the Federal-Aid Highway System; to authorize roadside development, landscaping, the acquisition of property for and the construction of rest and recreational areas as part of the Federal-Aid Highway System; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

TUESDAY, MARCH 25, 1975

4125

Section 1. Article V, Section XI, Paragraph II of the Constitution is hereby amended by striking Paragraph II in its entirety and by sub stituting in lieu thereof a new Paragraph II to read as follows:

"Paragraph II. Compliance with Federal Law. In order to comply with Federal law providing for control of outdoor advertis ing and junk yards adjacent to the roads of the Federal-Aid High way Systems:

(1) the State of Georgia, acting by and through the Department of Transportation, is authorized to acquire any interests in property for the purpose of removing or requiring the removal of outdoor advertising and for the purpose of screening or removing or requir ing the removal or screening of junk yards 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 there to; 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 junk yards and may provide for rules and regulations governing advertising and junk yards adjacent to such roads.

The General Assembly is authorized to provide for landscaping and roadside development within the rights-of-way of the FederalAid Highway Systems and for the acquisition of interests in and improvement of strips of land necessary for the restoration, pres ervation, and enhancement of scenic beauty adjacent to such high ways, including acquisition and development of publicly-owned and controlled rest and recreation areas and sanitary and other facilities within or adjacent to the rights-of-way of the Federal-Aid Highway Systems."

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 amplify and provide for the regulation of outdoor advertising
( ) NO and junk yards and the acquisition of property necessary to such regulation and for the estab lishment of roadside rest and recreation areas ad jacent to the Federal-Aid Highway System?"

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

4126

JOURNAL OF THE HOUSE,

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

An amendment, offered by Representative Burruss of the 21st, was read and withdrawn by unanimous consent.

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 Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Bargeron Battle Baugh Beck Berry Blackshear Bolster Bowman Bray Brown Buck Burruss Burton Calhoun Carlisle Carnes Carr Carrell Castleberry Chance Childers Childs Clark, Betty
Clark, L. Clifton Cole Collins Colwell Connell Cooper Cox Crawford

Culpepper Daugherty Davis Dean Dent Dixon Dover Edwards, C. W. Edwards, W. Egan Elliott
Evans, B. Evans, W. D. Felton Foster, R. L. Fraser Gammage Gignilliat Glanton Glover Greer Hamilton Harris, B. B. Harris, J. G. Harris, J. F. Harrison Hatcher Hawkins Hays Hill, B. L. Hill, G. Holmes Horton Howard Howell Hudson Hutchinson

Irvin, J. Irvin, R.
Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Linder Logan Long
Lucas Mann Marcus Matthews.D. R. McCollum McDonald McKinney Miles Milford Mostiler Mullinax

TUESDAY, MARCH 25, 1975

4127

Nessmith Nix Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peter Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Ray

Reaves Richardson Ross Rush Russell, J. Russell, W. B. Sams Scott Shanahan Sheats Sigman Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Taggart

Thomason Tolbert Townsend Triplett Twiggs Vaughn Waddle Walker Wall Ware Watson West White Whitmire Williams Williamson Wilson Wood

Those voting in the negative were Representatives:

Banks Beckham Carter

Coleman Foster, P. W.

Ham Tucker

Those not voting were Representatives:

Harden King Matthews, C.

Randall Sizemore Thompson

Toles Wheeler Mr. Speaker

On the adoption of the Resolution, the ayes were 164, nays 7.

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 rejection of the report of the Committee of Conference and the appointment of a second Committee of Conference by the Senate thereon:
HB 247. By Representatives Edwards of the 110th, Harris of the 8th and Vaughn of the 57th and others:
A Bill to amend an Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, so as to increase to twelve cents per mile the rate at which the State reimburses expenses incurred by employees of the State or any agency thereof; and for other purposes.

4128

JOURNAL OF THE HOUSE,

Representative Edwards of the 110th moved that a second Committee of Conference be appointed on the part of the House.

The motion prevailed.

The Speaker appointed as a second Committee of Conference on HB 247 on the part of the House the following members thereof:

Representatives Edwards of the 110th, Egan of the 25th and Bailey of the 72nd.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House, to-wit:

HB 908. By Representatives Elliott of the 49th, Adams of the 14th, Kilgore of the 65th, and others:
A Bill to amend Code Section 68A-1002, authorizing police officers to remove vehicles so as to authorize police officers to remove a vehicle which is stopped on a controlled access highway which is a part of the National System of Interstate and Defense Highways when such vehicle constitutes a traffic hazard.

The President has appointed on the part of the Senate the following Senators: Reynolds of the 48th, Warren of the 43rd and Dean of the 31st:

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has appointed a Second Committee of Conference on the following Bill of the Senate, to-wit:

SB 125. By Senators Duncan of the 30th, Riley of the 1st, Broun of the 46th and others:
A Bill to amend Code Section 57-101, relating to the legal rate of interest so as to change the legal rate of interest allowable by contract; to authorize a lender to charge a service fee on any loan in addition to interest.

TUESDAY, MARCH 25, 1975

4129

The President has appointed on the part of the Senate the following Senators: Duncan of the 30th, Turner of the 8th, and Lester of the 23rd:

The following Bill of the Senate was taken up for the purpose of considering the report of the second Committee of Conference thereon:

SB 125. By Senators Duncan of the 30th, Riley of the 1st, Broun of the 46th and others:
A Bill to amend Code Section 57-101, relating to the legal rate of interest, so as to change the legal rate of interest allowable by contract; to authorize a lender to charge a service fee on any loan in addition to interest; to provide an effective date; and for other purposes.

The following report of the Second Committee of Conference was read:

Second Conference Committee Report on SB 125

Mr. President: Mr. Speaker:

Your Conference Committee on SB 125 has met and submits the follow ing recommendations:

That the Senate and House recede from their respective positions and that the attached Substitute to SB 125 be adopted.

FOR THE SENATE
/s/ J. Ebb Duncan Senator, 30th District
/s/ Jimmy Lester Senator, 23rd District
/s/ Loyce W. Turner Senator, 8th District

Respectifully submitted,
FOR THE HOUSE
/s/ Frank I. Bailey Representative, 72nd District
/s/ Charles L. Carnes Representative, 43rd District
/s/ Rudolph Johnson Representative, 72nd District

Conference Committee Substitute to Senate Bill 125

A BILL

To be entitled an Act to amend Code Section 57-101, relating to the legal rate of interest, so as to change the legal rate of interest allowable by contract; to amend Code Chapter 67-13, relating to conveyances to secure debt, as amended, so as to provide certain requirements relative to transfer fees for the transfer or real property involved in deeds to secure debt; to provide for other matters relative thereto; to provide for sever-

4130

JOURNAL OP THE HOUSE,

ability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Section 57-101, relating to the legal rate of interest, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Secton 57-101, to read as follows:
"57-101. Legal rate of interest; rate higher than nine per centum forbidden.--The legal rate of interest shall be seven per centum per annum, where the rate per centum is not named in the contract, and any higher rate must be specified in writing, but in no event shall any person, company, or corporation reserve, charge, or take for any loan or advance of money, or forebearance to enforce the collection of any sum of money, any rate of interest greater than nine per centum per annum, either directly or indirectly by way of commission for advances, discount, exchange, or by any contract or contrivance or device whatever."
Section 2. Code Chapter 67-13, relating to conveyances to secure debt, as amended, is hereby amended by adding a new Code Section between Code Section 67-1301 and Code Section 67-1302 to be designated Code Section 67-1301.1 and to read as follows:
"67-1301.1 Requirements relative to transfer fees for the transfer of real property involved in deeds to secure debt. When the grantor of a deed to secure debt transfers the real property securing the debt to a third party, and the grantor is relieved from liability on the obligation of the deed to secure debt, a transfer fee not to exceed \% of the outstanding loan balance on the deed to secure debt may be charged such grantor, but in any such transfer when the grantor is not relieved from liability on the obligation of the deed to secure debt, such transfer fee may not exceed $75.00 or % of 1% of the outstanding loan balance, whichever amount is greater."

Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, 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 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

TUESDAY, MARCH 25, 1975

4131

Representative Johnson of the 72nd moved that the House adopt the report of the second Committee of Conference on SB 125.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Bailey Banks Bargeron Battle Baugh Beck Beckham Bolster Bray Burton Carlisle Carnes Carr Carrell Castleberry Childs Clark, Betty Cole Coleman Colwell Connell Cooper Cox Culpepper Davis Dent Dixon Dover Edwards, C. W. Elliott Evans, B. Evans, W. D. Felton Foster, R. L. Gignilliat Glanton

Greer Harden Harris, B. B.
Harris, J. G. Harris, J. F. Harrison Hawkins Hays Horton Howell Hutchinson Irvin, J. Irvin, R. Jessup Johnson, R. Johnson, W. R. Jones Keyton Kilgore Knight Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen.W. W. Lee Leggett Leonard Linder Long Lucas Mann Marcus Matthews, D. R. McKinney Miles Milford Mostiler

Mullinax
Nessmith Nix Owens Oxford Parham Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T. Pinkston Randall Reaves Richardson Ross Rush Sams Sheats Sigman Smith, J. R. Smith, V. B. Snow Sweat Taggart Thompson Tolbert Town send Triplett Tucker Waddle Walker Ware Watson West Williamson

Those voting in the negative were Representatives:

Adams, Marvin Blackshear Brown Calhoun Carter

Chance Childers Clifton Collins Crawford

Daugherty Dean Edwards, W. Foster, P. W. Fraser

4132
Gammage Glover Ham Hamilton Hatcher Hill, B. L. Hill, G. Holmes Howard Hudson Jackson Karrh

JOURNAL OF THE HOUSE,

Lane, Dick Logan McDonald Noble Parkman Phillips, W. R. Rainey Ray Russell, J. Russell, W. B. Scott

Sizemore Stone Thomason Twiggs Vaughn Wall White Whitmire Williams Wilson Wood

Those not voting were Representatives:

Alexander Berry Bowman Buck Burruss Clark, L.

Egan Irwin Jordan King Matthews, C. McCollum

Parrish Shanahan Smyre Toles Wheeler Mr. Speaker

On the motion, the ayes were 113, nays 49.

The motion prevailed and the report of the second Committee of Conference on SB 125 was adopted.

Representative Jordan of the 58th requested the following statement appear in the Journal:
Mr. Clerk:
Please have the House Journal reflect that I did not vote on the adoption of the Conference Committee report on SB 125 under House Rule 195.
Thanks, Hugh Jordan, District 58.

The following Bill of the Senate was taken up for the purpose of considering the report of the second Committee of Conference thereon:

SB 285. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A Bill to declare unfair or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; to provide for the creation of a Con sumer Advisory Board; to name the Administrator; to authorize the Administrator to conduct investigations; to provide for severability; and for other purposes.

TUESDAY, MARCH 25, 1975

4133

The following report of the Committee of Conference was read:

Second Conference Comittee Report on SB 285

Mr. President: Mr. Speaker:

Your Conference Committee on SB 285 has met and submits the following recommendation:

That the Senate and House recede from their respective positions and that Senate Bill 285 as passed by the Senate be adopted with the attached Conference Committee amendments thereto.

FOR THE SENATE:
/s/ Lee Robinson Senator, 27th District
/s/ Peter Banks Senator, 17th District
/s/ J. Beverly Langford Senator, 51st District

Respectfully submitted,
FOR THE HOUSE:
/s/ John R. Carlisle Representative, 71st District
/s/ E. Roy Lambert Representative, 112th District
/s/ Gerald T. Horton Representative, 43rd District

The Conference Committee on Senate Bill 285 moves to amend Senate Bill 285, as passed by the Senate, as follows:
By adding a new subsection at the end of Section 4 to be designated subsection (d) and to read as follows:
"(d) The Board shall be authorized to ratify or veto rules promulgated by the Administrator at its next regular meeting after the rules are promulgated by the Administrator under the provisions of the Georgia Administrative Procedure Act."
By striking paragraph (2) of subsection (b) of Section 5 in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) The initial terms of those other than ex officio members shall be as follows: four members shall be appointed for a term of two years; four members shall be appointed for terms of three years; seven members shall be appointed for terms of four years. Thereafter, each member of the Board shall serve for terms of four years. In the event of a vacancy during the term of any member, whether by reason of death, resignation or otherwise, the appointment of a successor by the Governor shall be only for the remainder of the unexpired term of such member."

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JOURNAL OF THE HOUSE,

By inserting in line 15 on page 13 between, the word "general" and the word "damages" the following: "and exemplary".

By striking the period following the word "defendant" where it ap pears in line 17 on page 13 and inserting immediately following said word "defendant" the following:

"; provided, however, exemplary damages shall be awarded only in cases of intentional violation."

By striking from lines 8 and 9 on page 21 the following: "one year" and inserting in lieu thereof the following: "two years".

By striking from line 11 on page 21 the following: "one year" and inserting in lieu thereof the following: "two years".

Representative Carlisle of the 71st moved that the report of the second Com mittee of Conference on SB 285 be adopted.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Banks Bargeron
Battle Baugh Beck Beckham Berry Blackshear Bolster Bowman Bray Brown Burton Calhoun Carlisle Carne* Carr Carrell Chance Childers Childs Clark, Betty Clark,L.

Clifton Colwell Connell Cooper Cox Crawford Culpepper Daugherty Dent Dixon Dover Edwards, W. Egan Elliott Evans, B. Evans, W. D. Felton Fraser Gammage Gignilliat Glanton
Glover Greer Ham Hamilton Harden Harris, B. B. Harris, J. G.

Harris, J. F. Hatcher Hawkins Hays Hill, B. L. Hill, G. Holmes Horton Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson
Jessup Johnson, W. R. Jones Jordan Keyton Kilgore King Knight Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee Leggett

TUESDAY, MARCH 25, 1975

4135

Leonard Linder Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald McKinney Miles Mostiler Mullinax Noble Owens Oxford Parham Parkman Patten, G. C.

Peters Petro Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Ray Reaves Richardson Rush Russell, J. Russell, W. B. Sams Scott Shanahan Sheats Sizemore Smith, J. R. Smith, V. B.

Smyre Snow Stone Sweat Taggart Thompson Town send Triplett Tucker Waddle Walker Wall Ware Watson West Whitmire Williams Williamson Wood

Those voting in the negative were Representatives:

Carter Cole Coleman Davis Edwards, C. W.

Foster, P. W. Harrison Howard Karrh Kreeger

Lane, W. J. Nessmith Nix Tolbert Wilson

Those not voting were Representatives:

Buck Burruss Castleberry Collins Dean Foster, R. L. Howell Johnson, R.

Matthews, C. Milford Parrish Patten, R. L. Phillips, L. L. Ross Sigman

Thomason Toles Twiggs Vaughn Wheeler White Mr. Speaker

On the motion, the ayes were 143, nays 15.

The motion prevailed and the report of the second Committee of Conference on SB 285 was adopted.

The following message was received from the Senate through Mr. McWhorter the Secretary thereof:
Mr. Speaker:
The Senate adheres to its disagreement to House amendment and has ap pointed a Conference Committee on the following Bill of the Senate, to-wit:

4136

JOURNAL OF THE HOUSE,

SB 165. By Senator Overby of the 49th:
A Bill to amend Code Section 27-1402, relating to conditions of bail bonds and recognizances, as amended, so as to provide for proceedings to forfeit bonds or recognizances upon failure of the principal to appear.

The President has appointed on the part of the Senate the following Senators: Overby of the 49th, Pearce of 16th, and Barnes of the 33rd:
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 29. By Senator Duncan of the 30th: A Bill to amend an Act creating a Retirement System for Teachers, as amended, so as to provide additional circumstances under which members of the System may establish prior service credit; and for other purposes.

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

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

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Banks
Bargeron Battle Baugh Beck Beckham Berry Blackshear Bolster Bowman Bray Brown Burruss Burton Calhoun Carlisle Carnes Carr Carrell Carter

Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman Collins Connell Cooper Cox Culpepper Paugherty Davis Dean Dent Dixon Edwards, W. Elliott Evans, B. Evans, W. D. Felton

Foster, P.W. Foster, R. L. Fraser Gammage Gignilliat Glanton Glover
Greer Ham Hamilton Harden Harris, B. B. Hatcher Hawkins Hays Hill, B. L. Hill, G. Holmes Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson

TUESDAY, MARCH 25, 1975

4137

Jessup Johnson, R. Jones Jordan Karrh Keyton Kilgore King Knight Kreeger Lane, Dick Lane, W. J. Leggett Leonard Linder Logan Lucas Mann Marcus Matthews, D. R. McDonald McKinney Milford

Mullinax Nessmith Nix Noble Owens Oxford Parham Parkman Patten, G. C. Peters Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Ray Reaves Richardson Rush Russell, J. Scott Sheats

Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Taggart Thomason Thompson Tolbert Triplett Tucker Twiggs Waddle Ware Watson White Whitmire Williams Wilson Wood

Those voting in the negative were Representatives:

Townsend

Wall

Williamson

Those not voting were Representatives:

Bailey Buck Colwell Crawford Dover Edwards, C. W.
Egan
Harris, J. G.
Harris, J. F.
Harrison
Horton
Howard

Howell Johnson, W. R. Lambert Larsen, G. K. Larsen, W. W. Lee
Long
Matthews, C,
McCollum
Miles
Mostiler
Parrish

Patten, R. L. Petro Ross Russell, W. B. Sams Shanahan
Toles
Vaughn
Walker
West
Wheeler
Mr. Speaker

On the passage of the Bill, the ayes were 141, nays 3.

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

Representative Harris of the 138th stated that he had been called from the floor of the House when the roll call was ordered on the passage of SB 29, but had he been present would have voted "aye".

4138

JOURNAL OF THE HOUSE,

SB 260. By Senators Banks of the 17th, Kennedy of the 4th, Lewis of the 21st and others:
A Bill to amend an Act providing that the costs of the case and expenses of the trial involving an inmate of the State Prison System shall be borne by the State Board of Corrections under certain conditions; and for other purposes.

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

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

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Bailey Banks Battle Beck Beckham Berry Blackshear Bowman Bray Buck Burruss Burton Calhoun Carnes Carr Carrell Carter Castleberry Chance Childers Clark, L. Clifton
Cole
Coleman Collins Colwell Connell Cooper Cox Crawford Culpepper Davis Dent
Dixon Dover

Edwards, W.
Elliott Evans, B.
Felton Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glanton Ham Harden Harris, B. B. Harris, J. G. Harris, J. F. Hatcher Hays Hill, G. Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jackson Jessup
Johnson, R. Johnson, W. R. Jones Keyton Kilgore King Knight Kreeger Lane, Dick Larsen, G. K. Larsen, W. W.

Lee Leggett Leonard Linder
Logan Long Mann
Matthews, D. R. Miles Milford Mullinax Nessmith
Nix Owens Oxford Parkman Parrish Patten, G. C. Patten, R. L. Phillips, L. L. Phillips, R. T. Pinkston Ray Reaves Richardson Ross Rush Russell, J. Russell, W. B. Sams Shanahan
Sheats Smith, J. R. Smith, V. B.
Smyre Snow Stone Sweat

Taggart Thomason Thompson Tolbert Triplett Tucker

TUESDAY, MARCH 25, 1975

4139

Twiggs Waddle Walker Wall Ware Watson

West Whitmire Williamson Wilson Wood

Those voting in the negative were Representatives:

Alexander Bargeron Bolster Brown

Childs Clark, Betty Evans, W. D. Holmes

Those not voting were Representatives:

Baugh Carlisle Daugherty Dean Edwards, C. W. Egan Glover Greer Hamilton Harrison Hawkins Hill, B. L. Irwin

Jordan Karrh Lambert Lane, W. J. Marcus Matthews, C. McCollum McDonald McKinney Mostiler Noble Parham

Lucas Randall Scott Williams
Peters Petro Phillips, W. R. Rainey Sigman Sizemore Toles Townsend Vaughn Wheeler White Mr. Speaker

On the passage of the Bill, the ayes were 131, nays 12.

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

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

HB 150. By Representatives Lambert of the 112th, Cole and Foster of the 6th and others:
A Bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act," so as to authorize counties and certain municipalities to levy a local sales and use tax under certain conditions; and for other purposes.

4140

JOURNAL OF THE HOUSE,

The following Senate amendments were read:

Senate Amendment No. 1
The Senate offers the following amendment: Amend HB 150 by striking on Page 2, lines 22 and 23, the words: "provided that no such tax shall be imposed upon the sale of prescription medicine",
and By striking on Page 2, line 22, the comma after "1%" and inserting
in lieu thereof a period.
Senate Amendment No. 2
The Senate offers the following amendment: Amend HB 150 by deleting from Page 9, line 10, the words "and
every year following".
Senate Amendment No. 3
The Senate offers the following amendment: Amend HB 150 by deleting from Page 9, lines 33 and 34,
and By deleting from Page 10, lines 1 through 14.
Representative Lambert of the 112th moved that the House agree to Senate amendments numbers 1 and 2 and disagree to Senate amendment number 3.
Representative Cole of the 6th called for a division of the question pursuant to House Rule 179.

The Speaker ruled the motion in order and the Senate amendments were taken up individually according to the motion made by Representative Lambert of the 112th.
On the motion to agree to Senate amendment number 1 to HB 150, the roll call was ordered and the vote was as follows:

TUESDAY, MARCH 25, 1975

4141

Those voting in the affirmative were Representatives :

Adams, G. D. Adams, John Adams, Marvin Bailey Bargeron Baugh Beck Beckham Bolster Bray Burton Calhoun Carlisle Carries Carr Carrell Castleberry Cole Coleman Connell Cooper Cox Crawford Culpepper Davis Egan Evans, B. Evans, W. D. Felton Foster, R. L. Glanton

Glover Greer Hamilton Harden Harrison Hatcher Hays Horton Howell Hudson Hutchinson Irvin, R. Irwin Jessup Johnson, W. R. Keyton Kilgore King Knight Lambert Larsen, W. W. Lee Leggett Linder Logan Long Marcus Matthews, D. R. McCollum McKinney Miles

Mostiler Mullinax Nessmith Owens Parham Parkman Patten, G. C. Patten, R. L. Peters Phillips, L. L. Phillips, R. T. Phillips, W. R. Reaves Richardson Russell, J. Sams Sheats Smith, V. B. Snow Tolbert Townsend Tucker Vaughn Waddle Walker Wall Ware Watson West Williamson Wilson

Those voting in the negative were Representatives :

Alexander Banks Battle Berry Bowman Brown Buck Carter Chance Childers Childs Clark, Betty Clark, L. Clifton Colwell Daugherty Dean Dent Dixon

Dover Edwards, C. W. Edwards, W. Elliott Foster, P. W. Fraser Gammage Gignilliat Ham Harris, J. G. Harris, J. F. Hawkins Hill, B. L. Hill, G. Holmes Howard Irvin, J. Jackson Johnson, R.

Jones Karrh Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lucas Mann McDonald Milford Nix Oxford Parrish Petro Rainey Randall Ray Ross Rush

4142
Russell, W. B. Scott Shanahan Sigman Smith, J. R.

JOURNAL OF THE HOUSE,

Sweat Taggart Thomason Thompson Triplett

Twiggs White Whitmire Williams Wood

Those not voting were Representatives:

Blackshear Burruss Collins Harris, B. B. Jordan

Leonard Matthews, C. Noble Pinkston Sizemore

Smyre Stone Toles Wheeler Mr. Speaker

On the adoption of Senate amendment number 1, the ayes were 93, nays 72. The amendment was adopted.

On the adoption of Senate amendment number 2 to HB 150, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, John Bailey Baugh Beck Beckham Bray Brown Burton Carlisle Games Carr Chance Clark, Betty
Cole
Cox
Dean Edwards, W. Egan Foster, R. L. Glanton Glover

Greer Hamilton
Hatcher Hawkins Hays Holmes Horton Howell Hutchinson Irvin, R. Jessup Johnson, W. R. Jones Kilgore King Knight Lambert Lee Leggett Leonard Linder

Logan McCollum McKinney Miles Mostiler Mullinax Owens Parham Phillips, W. R. Pinkston Richardson Russell, W. B. Sams Sheats Snow Townsend Triplett Ware Watson Wood

Those voting in the negative were Representatives:

Adams, G. D. Adams, Marvin Alexander

Banks Bargeron Battle

Berry Blackshear Bolster

Bowman Buck Burruss Calhoun Carrell
Carter Castleberry Childers Clark, L. Clifton Coleman Collins Colwell Connell Cooper Crawford Culpepper Daugherty Davis Dent Dixon Dover Edwards, C. W.
Elliott Evans, B. Evans, W. D. Felton Foster, P. W. Praser Gammage Gignilliat Ham Harden Harris, B. B.

TUESDAY, MARCH 25, 1975

4143

Harris, J. G. Harris, J. F. Harrison Hill, B. L. Hill, G. Howard Hudson Irvin, J. Irwin Jackson Johnson, R. Karrh Keyton Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.
Long Lucas Mann Marcus Matthews, D. R. McDonald Milford Nessmith Nix Oxford Parrish Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L.

Phillips, R. T. Rainey Randall
Ray Reaves Ross Rush Russell, J. Scott Shanahan Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Stone Sweat Taggart Thomason Thompson Tolbert Tucker Twiggs Vaughn Waddle Walker Wall West White Whitmire Williams Williamson Wilson

Those not voting were Representatives:

Childs Jordan Matthews, C.

Noble Parkman Toles

Wheeler Mr. Speaker

On the adoption of Senate amendment number 2, the ayes were 62, nays 110.

The motion was lost and the Senate amendment number 2 to HB 150 was disagreed to.
The motion to disagree to Senate amendment number 3 to HB 150 prevailed and said Senate amendment was disagreed to.

Due to the division of the question, the Lambert motion to agree to Senate amendments numbers 1 and 2 and to disagree to amendment number 3 did not

4144

JOURNAL OF THE HOUSE,

entirely prevail. Instead, the House agreed to Senate amendment number 1 and disagreed to amendments numbers 2 and 3.

The following message was received from the Senate through Mr. McWhorter the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute, as amended by the Senate, to the following Resolution of the Senate, to-wit:
SR 144. By Senator Holloway of the 12th:
A Resolution authorizing the conveyance of certain real property located in Lee and Dougherty Counties, Georgia.
The Senate has rejected the report of the second Committee of Conference on the following Bill of the House, and has appointed a third Committee of Conference thereon:
HB 247. By Reps. Edwards of the'llOth, Harris of the 8th and others:
A Bill to amend an Act authorizing the Dept. of Administrative Services to establish and operate motor pools and relating to the use of state and privately owned motor vehicles by officials, officers and employees of this State or any agency thereof, so as to increase to twelve cents per mile the rate at which the State reimburses expenses incurred by employees of the State of any agency thereof.

The President has appointed on the part of the Senate the following Senators: Ballard of the 45th, Reynolds of the 48th, and Howard of the 42nd:

The Senate insists on its substitute to the following Bill of the House, to-wit:

HB 896. By Reps. Murphy of the 18th, Colwell of the 4th, Lee of the 72nd, and others:
A Bill to revise, classify, consolidate and supersede the present State Properties Code and to establish a new codification of laws relating thereto.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 214. By Senators Holloway of the 12th, Starr of the 44th, Riley of the 1st and others:
A Bill to amend Code Title 47, relating to the General Assembly, as amended, so as to provide for a new Code Chapter 47-10A to regulate

TUESDAY, MARCH 25, 1975

4145

and require disclosure of certain actions by lobbyists and registered agents; to provide for a declaration of policy; to require certain persons to file reports with the Secretary of State; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Title 47, relating to the General Assembly, as amended, so as to provide for a new Code Chapter 47-10A to regulate and require disclosure of certain actions by lobbyists and regis tered agents; to provide for a declaration of policy; to provide for a definition; to require certain persons to file reports with the State Ethics Commission; to provide for forms; to provide for contents of such reports; to provide for time limitations; to provide for reporting of expenditures and the conditions, practices and procedures in connection therewith; to provide that such reports shall be public records and shall be available and open for public inspection and copying; to provide for the suspension or modification of reporting requirements under certain circumstances; to provide for actions to contest the propriety of certain orders and limita tions on such actions; to provide for investigations and audits; to provide that certain acts or omissions shall be unlawful; to provide for penalties; to provide for practices and procedures; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Code Title 47, relating to the General Assembly, as amended, is hereby amended by adding, following Code Chapter 47-10, a new Code Chapter, to be designated as Code Chapter 47-10A, to read as follows:
"CODE CHAPTER 47-10A
LOBBYISTS; FINANCIAL REPORTING
47-1001A. Policy.--The General Assembly hereby declares that it is the policy of the State of Georgia to protect the integrity of the democratic process and to afford the people with the fullest opportun ity to petition their government for the redress of grievances and to express freely their opinions; and to preserve and maintain the integrity of governmental processes, it is necessary that the identity, expenditures and activities of certain persons and organizations that engage in efforts to influence the General Assembly be publicly and regularly disclosed.
47-1002A. Definition.--As used in this Chapter 'person' means an individual person, firm, corporation, association, partnership or other organization.

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JOURNAL OF THE HOUSE,

47-1003A. Persons required to report.--Any person aiding or opposing, directly or indirectly, the enactment of a bill or bills or resolution or resolutions by either House of the General Assembly shall file the reports required by Code Section 47-1004A if, during any legislative session, such person receives or expends funds for the pur pose of influencing legislation.
47-1004A. Reports; filing; contents.-- (a) Any person required to file reports under the provisions of Code Section 47-1003A shall file such reports by July 1 of each year. Such reports shall be filed with the State Ethics Commission on forms prescribed by the State Ethics Commission. Such reports shall contain the following informa tion for the preceding twelve-month period:

(1) The name and address of the person required to make such report.
(2) A list of each expenditure made at a single time and place in excess of a total of $100.00 on each individual, showing the exact amount of each such expenditure, the purpose or reason for each such expenditure, and the date and to whom the expenditure was made; provided, however, the provisions of this Section shall not apply to group functions of 10 or more persons.

(b) The Commission, after hearing, by order may suspend or modify any of the reporting requirements hereunder in a particular case if it finds that literal application of this Code Chapter works a manifestly unreasonable hardship and if it also finds that such suspen sion or modification will not frustrate the purposes of this Chapter. Any such suspension or modification shall be only to the extent neces sary to substantially relieve the hardship. The Commission shall act to suspend or modify any reporting requirements only if it deems that facts exist that are clear and convincing proof of the findings required hereunder. Any citizen shall have standing to bring an action in the Superior Court of Fulton County to contest the propriety of any order entered hereunder within one year from the date of entry of such order.
47-1005A. Reports; public records'.--The reports required to be filed under the provisions of Code Section 47-1004A shall be public records and shall be available and open for public inspection and copying at a charge not to exceed actual cost, during normal busi ness hours.
47-1006A. Investigations; audits.--The State Ethics Commission is hereby authorized to make investigations and performs audits to determine the accuracy of information contained in the reports filed with the Commission under Code Section 47-1004A or to deter mine whether any person required to file a report has failed to do so. It shall be the duty of the State Ethics Commission to enforce the provisions of this Code Chapter.

47-1007A. Violations; penalties.--It shall be unlawful for any person to fail to file a report required by this Code Chapter or to

TUESDAY, MARCH 25, 1975

4147

file a fraudulent report or a report containing any statement or information which he knows or should have known to be false or to fail to file any required report within the required time period. Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor.

47-1008A. Rules; regulations; forms.--The State Ethics Com mission is hereby authorized to prescribe forms necessary or con venient to carry out the provisions and purposes of this Code Chapter and to adopt rules prescribing procedures necessary to carry out the provisions of this Code Chapter."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read:
Representative Nessmith of the 82nd moves to amend the Committee substitute to SB 214 by inserting following Section 47-1006A a new Section 47-1007A to read as follows:
"47-1007A. It shall be unlawful for any person, firm, corpora tion, association or organization to appoint or employ more than two persons who are required to register with the Secretary of State for the purpose of aiding or opposing directly or indirectly any legislation before the General Assembly. A violation of this Section shall be a misdemeanor and, upon conviction thereof, a person, firm, corporation, association or organization shall be punished as for a misdemeanor.",
And by renumbering the two Sections beginning on lines 8 and 18, page 4, as 47-1008A and 47-1009A, respectively.

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

Those voting in the affirmative were Representatives:

Adams, John Adams, Marvin Banks Bargeron Beckham Berry Bowman Buck Burton Calhoun Carr Carter

Castleberry Chance Clark, Betty Clark, L. Coleman Collins Colwell Cooper Cox Culpepper Davis Dover

Evans, W. D. Foster, P. W. Gammage Greer Ham Harris, B. B. Harris, J. G. Harris, J. P. Harrison Hays Horton Howard

4148
Irvin, J. Irvin, R. Jessup Jordan Karrh Keyton Knight Kreeger Lane, W. J. Larsen, W. W. Leggett Long Lucas Mann Matthews, D. R. McDonald McKinney Miles

JOURNAL OF THE HOUSE,

Milford Nessmith Nix Oxford Parham Parkman Parrish
Patten, G. C. Peters Petro Phillips, L. L. Pinkston Rainey Ray Reaves Ross Rush Russell, W. B.

Sams Scott Shanahan Sheats Sigman
Smith, J. R. Smith, V. B. Snow
Stone Taggart Thomason Thompson Tolbert Tucker Twiggs Walker Wall Wilson

Those voting in the negative were Representatives

Adams, G. D. Alexander Bailey Battle Baugh Beck Blackshear Bolster Bray Brown Carlisle Games Childers Childs Cole Connell Crawford Daugherty Dent Dixon Edwards, W. Egan Elliott Evans, B.

Felton Foster, R. L. Fraser Glanton Hamilton Harden Hatcher Hawkins Hill, B. L. Hill, G. Holmes Howell Hudson Irwin Jackson Johnson, R. Johnson, W. R. Jones Kilgore King Lane, Dick Larsen, G. K. Lee Leonard

Linder -. Logan Marcus McCollum Mostiler Mullinax Noble Owens Phillips, R. T. Phillips, W. R. Richardson Russell, J. Sweat Townsend Vaughn Waddle Ware Watson West Whitmire Williams Williamson Wood

Those not voting were Representatives:

Burruss Carrell Clifton Dean Edwards, C. W. Gignilliat Glover

Hutchinson Lambert Matthews, C. Patten, R. L. Randall Sizemore

Smyre Toles Triplett Wheeler White Mr. Speaker

TUESDAY, MARCH 25, 1975

4149

On the adoption of the amendment, the ayes were 90, nays 71.

The amendment was adopted.

The following amendment was read:
Representatives Marcus of the 26th and Carlisle of the 71st move to amend the Committee substitute to SB 214 as follows:
By striking from lines 27 and 28 on page 2 the following: "July 1 of each year.", and inserting in lieu thereof the following: "the 10th day of each month during which the General Assembly is in session and by the 10th day of each calendar quarter in which the General Assembly is not in session."

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

Those voting in the affirmative were Representatives:

Adams, G. D. Alexander Bargeron Beck Beckham Blackshear Brown Burton Calhoun Carlisle Carr Castleberry Chance Childers Connell Cooper Cox Crawford Culpepper Daugherty Davis Dent Dover Edwards, W. Egan Elliott

Felton Gammage Glanton Hamilton Harrison Hatcher Hawkins Hays Hill, G. Holmes Horton Howard Irvin, J. Irvin, R. Irwin Jones Jordan Karrh King Kreeger Larsen, G. K. Larsen, W. W. Lucas Mann. Marcus Miles

Mostiler Nix Owens Parkman Parrish Patten, G. C. Petto Phillips, R. T. Richardson Rush Russell, W. B. Sams Sigman Smith, V. B. Taggart Thompson Tolbert Townsend Tucker
Twiggs Waddle Walker Williams Williamson Wilson

Those voting in the negative were Representatives:

Adams, John Adams, Marvin Bailey

Banks Battle Baugh

Bowman Bray Carter

4150
Childs Clark, Betty Clark, L. Cole Coleman Collins Colwell Dixon Evans, B. Evans, W. D. Foster, P. W. Foster, R. L. Fraser Greer Ham Harden Harris, B. B. Harris, J. G. Harris, J. F. Howell Hudson

JOURNAL OF THE HOUSE,

Jackson Johnson, R. Johnson, W. R. Keyton Kilgore Knight Lane, W. J. Lee Leggett Leonard Logan Matthews, D. R. McCollum McDonald McKinney Milford Mullinax Nessmith Noble Oxford Parham

Peters Phillips, L. L. Pinkston Rainey Randall Ray Ross Russell, J. Shanahan Sheats Smith, J. R. Stone Sweat Vaughn Wall Ware Watson West Whitmire Wood

Those not voting were Representatives:

Berry Bolster Buck Burruss Carnes Carrell Olifton Dean Edwards, C. W. Gignilliat Glover

Hill, B. L. Hutchinson Jessup Lambert Lane, Dick Linder Long Matthews, C. Patten, R. L. Phillips, W. R. Reaves

Scott Sizemore Smyre Snow Thomason Toles Triplett Wheeler White Mr. Speaker

On the adoption of the amendment, the ayes were 77, nays 71.

The amendment was adopted.

The following amendment was read:

Representatives Marcus of the 26th and Carlisle of the 71st move to amend the Committee Substitute to SB 214 as follows:
By adding two new paragraphs at the end of subsection (a) of Section 47-1004A to be designated paragraphs (3) and (4) and to read as follows:

TUESDAY, MARCH 25, 1975

4151

"(3) The name and principal address of each person, partner ship, firm, corporation, association, group or entity such person represents.

(4) A list containing the nature of each piece of proposed legislation such person supports or opposes, and whether the registrant is for or against said proposed legislation. If such proposed legislation has been introduced in the General Assembly, such list shall include only the number of the bill or resolution, and whether the registrant is for or against said bill or resolution."

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

Those voting in the affirmative were Representatives:

Beck Bolster Burton Carlisle Carnes Childs Coleman Cooper Davis Dent Felton Glanton Glover Hamilton

Harrison Hawkins Hill, G. Holmes Irvin, R. Jordan Karrh King Kreeger Lane, Dick Leonard Linder Marcus Mostiler

Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Ray Sams Sizemore Tolbert Townsend Twiggs Walker Wall Williamson Wilson

Those voting in the negative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Banks Bargeron Battle Baugh Beckham Blackshear Bowman Bray Brown Carr Carter Castleberry Chance Childers Clark, Betty

Clark, L. Clifton
Cole Collins Colwell Connell Cox Crawford Culpepper Daugherty Dixon Dover Edwards, C. W. Edwards, W. Egan Elliott Evans, B. Evans, W. D. Foster, P. W. Fraser

Gammage Gignilliat Greer Ham Harden Harris, B. B. Harris, J. G. Harris, J. F. Hatcher Hays Horton Howard Howell Hudson Irvin,J. Jackson
Jessup Johnson, R. Johnson, W. R. Jones

4152

JOURNAL OF THE HOUSE,

Keyton Kilgore Knight Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett Logan Long Lucas Mann Matthews, D. R. McCollum McDonald McKinney Miles Milford Mullinax Nessmith

Nix Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters Pinkston Rainey Richardson Ross Rush Russell, J. Russell, W. B. Shanahan Sheats

Sigman Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Taggart Thomason Thompson Triplett Tucker Waddle Ware Watson West Whitmire Williams Wood

Those not voting were Representatives:

Berry Buck Burruss Calhoun Carrell Dean Foster, R. L.

Hill, B. L. Hutchinson Irwin Lambert Matthews, C. Randall Reaves

Scott Toles Vaughn Wheeler White Mr. Speaker

On the adoption of the amendment, the ayes were 42, nays 118.

The amendment was lost.

The following amendments were read and adopted:
Representative Coleman of the 118th moves to amend the Committee substitute to SB 214 by adding on page 2, line 16, after the word "part nership", ", department head, deputy department head, administrative assistant to department head or deputy department head of the State of Georgia".
And by adding on page 2, line 23, after the word "legislation", "or persons who administer funds appropriated by the General As sembly".
Representative Jordan of the 58th moves to amend the Committee substitute to SB 214 by adding on page 1, line 6, between the words "persons" and "to" the following language:
"to identify themselves and".

TUESDAY, MARCH 25, 1975

4153

Representative Jordan of the 58th moves to amend the Committee substitute to SB 214 by adding on page 2, line 21, between the words "shall" and "file", the following language:

"wear an identification badge displaying his or her name and the organization being represented and shall".

An amendment, offered by Representative Egan of the 25th, was read and withdrawn by unanimous consent.

The following amendment was read:
Representative Egan of the 25th moves to amend the Committee substitute to SB 214 by striking lines 2 through 9 on page 3 and sub stituting :
"(2) A list of each expenditure made at a single time and place in excess of $50.00 on each individual, showing the exact amount of each such expenditure, the beneficiary or beneficiaries of each such expenditure, the purpose or reason for each such expenditure and the date and to whom the expenditure was made; provided, however, the provisions of this Section shall not apply to group functions of 50 or more persons.".

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

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, Marvin Bargeron Baugh Beck Beckham Blackshear Bolster Bowman Bray Burton Calhoun Carlisle Carnes Carr
Carter Chance Childers Clark, Betty Clark, L. Cooper Crawford

Culpepper Davis Dean Edwards, W. Egan Elliott Felton Gammage Glanton Hamilton Harris, J. F. Harrison Hatcher Hawkins Hill, G.
Holmes Horton Howard Irvin, R. Irwin Jones Jordan

Karrh King Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Leggett Linder Logan Long Mann Marcus Miles Milford Mostiler
Nix Noble Parham Parkman, Patten, G. C. Petro Phillips, R. T.

4154
Phillips, W. R. Richardson Rush Russell, J. Russell, W. B. Sams Sizemore Smith, J. R.

JOURNAL OF THE HOUSE,

Smith, V. B. Stone Taggart Thomason Tolbert Townsend Tucker

Twiggs Waddle Walker Wall
Whitmire Williamson Wilson

Those voting in the negative were Representatives:

Adams, John Alexander Bailey Banks Brown Castleberry Childs Coleman Colwell Connell Cox Daugherty Dixon Dover Edwards, C. W.
Evans, B.
Evans, W. D.
Foster, P. W.
Foster, R. L.
Greer
Ham
Harden

Harris, J. G. Hays Howell Hudson, Irvini, J. Jessup Johnson, R. Johnson, W. R. Keyton Kilgore Knight Lane, W. J. Lee Leonard Lucas
Matthews, D. R.
McDonald
McKinney
Mullinax
Nessmith
Owens
Oxford

Parrish Patten, R. L. Peters Phillips, L. L. Pinkston Rainey Randall Ray Ross Scott Shanahan Sheats Sigman Smyre Snow
Thompson
Vaughn
Ware
Watson
West
Williams
Wood

Those not voting were Representatives:

Battle Berry Buck Burruss Carrell Clifton Cole Collins Dent

Fraser Gignilliat Glover Harris, B. B. Hill, B. L. Hutchinson Jackson Lambert Matthews, C.

McCollum Reaves Sweat Toles Triplett Wheeler White Mr. Speaker

On the adoption of the amendment, the ayes were 88, nays 66.

The amendment was adopted.

TUESDAY, MARCH 25, 1975

4155

The following amendment was read:

Representative Linder of the 44th moves to amend the Committee substitute to SB 214 by striking on page 2, line 22, the following:

", during any legislative session,".

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

Those voting in the affirmative were Representatives:

Adams, G. D. Alexander Bargeron Beck Beckham Bolster Bowman Burton Calhoun Carlisle Carnes Childs, Clark, Betty Clifton
Cooper Cox Crawford Culpepper Davis Dean Dover Edwards, C. W. Egan Elliott Felton Glanton Harris, B. B.

Harrison Hawkins Hill, G. Holmes Horton Howard Irvin, J. Irvin, R. Irwin Johnson, R. Jones Jordan Karrh King Kreeger Lambert Lane, Dick Larsen, G. K. Leggett Linder Logart Mann Marcus Miles Mostiler Nix

Noble Petro Phillips, R. T. Phillips, W. R. Randall
Ray Richardson Rush Russell, W. B. Sams Sizemore Smith, V. B Smyre Snow Stone Taggart Tolbert Townsend Tucker Twiggs Waddle Walker Wall Whitmire Williamson Wilson

Those voting in the negative was Representatives:

Adams, John Adams, Marvin Bailey Banks Baugh Blackshear Bray Brown Can-
Carter Castleberry

Chance Childers Clark, L. Cole Coleman Collins Colwell Connell Daugherty Dixon Edwards, W.

Evans, B. Evans, W. D. Poster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glover Greer Ham Hamilton

4156
Harden Harris, J. F. Hatcher Hays Howell Hudson Jackson Jessup Johnson, W. R. Keyton Kilgore Knight Lane, W. J. Larsen, W. W. Lee Leonard

JOURNAL OF THE HOUSE,

Long Lucas Matthews, D. R. McKinney Milford Mullinax Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters Phillips, L. L. Pinkston

Rain/ey Reaves Ross Russell, J. Shanahan Sheats Sigman Smith, J. R. Sweat Thomason Vaughn Ware Watson West Williams Wood

Those not voting were Representatives:

Battle Berry Buck Burruss Carrell Dent Harris, J. G.

Hill, B. L. Hutchinson Matthews, C. McCollum McDonald Nessmith Scott

Thompson Toles Triplett Wheeler White Mr. Speaker

On the adoption of the amendment, the ayes were 79, nays 81.

The amendment was lost.

Representative Linder of the 44th moved that the House reconsider its action in failing to adopt the Linder amendment.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Alexander Bargeron Beck Beckham Bolster Bowman Burton Calhoun Carlisle Carnes Clark, Betty

Clifton Cox Culpepper Davis Dover Egan Elliott Felton Glanton Harris, B. B. Harrison Hawking

Hill, G. Holmes Horton Irvin, J. Irvin, R. Irwin Johnson, R. Jones Jordan Karrh King Kreeger

TUESDAY, MARCH 25, 1975

4157

Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Leggett Linder Marcus
Noble
Petro Phillips, R. T. Phillips, W. R.

Randall Richardson Rush Russell, W. B. Sams Sizemore Smith, V. B. Snow Stone Taggart Tolbert

Townsend Tucker Twiggs Waddle Walker Wall White Williams William son Wilson

Those voting in the negative were Representatives:

Adams, John Adams, Marvin Bailey Banks Battle Baugh Berry Blackshear Bray Brown Carter Castleberry Chance Childers Cole Coleman Collins Connell Crawford Daugherty Dent Dixon Edwards, C. W. Edwards, W. Evans, B. Evans, W. D. Foster, P. W. Foster, R. L. Fraser Gammage

Gignilliat Greer Ham Harden Harris, J. G. Harris, J. F. Hatcher Hays Howard Howell Hudson Jackson Jessup Johnson, W. R. Keyton Kilgore Knight Lane, W. J. Lee Leonard Logan Long Lucas Mann Matthews, D. R. McDonald McKinney Miles Milford Mostiler

Mullinax Nessmith Owens Oxford Parham Parrish Patten, R. L.
Peters Phillips, L. L. Pinkston Rainey Ray Reaves Ross Russell, J. Shanahan Sheats Sigman Smith, J. R. Sweat Thomason Thompson Triplett Vaughn Ware Watson West Whitmire
Wood

Those not voting were Representatives :

Buck Burrus s Carr Carrell Childs Clark, L. Colwell Cooper

Dean Glover Hamilton Hill, B. L. Hutchinson Matthews, C. McCollum Nix

Parkman Patten, G. C. Scott Smyre Toles Wheeler
Mr. Speaker

4158

JOURNAL OF THE HOUSE,

On the motion, the ayes were 68, nays 89.

The motion was lost and the House refused to reconsider the Linder amendment.

The following amendment was read:
Representative Parham of the 109th moves to amend the House Rules Committee Substitute to SB 214 as follows:
By inserting in the title, following the Word "procedures" on line 19 of page 1 the following:
"; to amend Code Chapter 47-10, relating to lobbying, so as to require certain State employees to register as lobbyists; to provide exceptions; to require State employees registered as lobbyists to record their attendance before committees and subcommittees of the General Assembly during business hours of the agency which em ploys them; to require State employees registered as lobbyists to record attendance in certain areas during business hours of the agency which employs them; to provide penalties for failure to register as a lobbyist or to record hours expended as a lobbyist in certain areas and activities; to provide exemptions; to prohibit the use of certain funds for lobbying purposes; to provide penalties for the use of such funds for lobbying purposes".
By renumbering Section 2 as Section 3.
By inserting, following Section 1, a new Section 2 to read as follows:
"Section 2. Code Chapter 47-10, relating to lobbying, is hereby amended by adding following Code Section 47-1005, six new Code Sections to be designated Code Sections 47-1006 through 47-1011, to read as follows:
'47-1006. Any person who is employed by any executive, judicial or quasi-judicial department, agency, board, bureau, or commission of the State and who seeks to encourage the passage, defeat, or modification of any legislation by personal appearance or attendance before the General Assembly or any committee or subcommittee thereof shall register as a lobbyist in accordance with the provisions of Code Section 47-1002, prior to engaging in any such activity. This Section shall not preclude any such person from contacting his representatives in the General Assembly regarding any matter during hours other than the established business hours of his re spective agency. Persons who appear before a committee or sub committee of the General Assembly at the request of the chairman of the committee or subcommittee as a witness or for informational purposes shall also be exempt from the provisions of this Section.

TUESDAY, MARCH 25, 1975

4159

47-1007. Each State employee registered pursuant to the pro visions of Section 47-1002 shall record with the chairman any atten dance before any committee or subcommittee of the General As sembly during established business hours of the agency by which he is employed.

47-1008. Each State employee registered pursuant to the pro visions of Section 47-1002 shall record with the Secretary of State any attendance on the third or fourth floors, or both, of the State Capitol during the established business hours of the agency by which he is employed.

47-1009. Any State employee who violates any provision of this Chapter by not registering as a lobbyist or who fails to record hours spent as a lobbyist in areas and activities as set forth in this Chapter during the established business hours of the agency by which he is employed shall have deducted from his salary an amount equivalent to his hourly wage times the number of hours that he was in violation of this Chapter.

47-1010. Those persons employed by any executive, judicial or quasi-judicial department, agency, board, bureau, or commission whose position is designated in that department's budget as being used all or for a portion of the fiscal year for lobbying shall register pursuant to Section 47-1002 but shall be exempt from the provisions of Sections 47-1007, 47-1008 and 47-1009.

47-1011. No funds, exclusive of salaries, travel expenses and per diem, appropriated to, or otherwise available for use by, any executive, judicial or quasi-judicial department, agency, board, bureau, or commission shall be used by any State employee or any other person for lobbying purposes, which shall include the cost for publication and distribution of each publication used in lobbying; other printing; media; advertising, including production costs; post age; entertainment; telephone and telegraph costs. Any State em ployee of any executive, judicial or quasi-judicial department, agency, board, bureau, or commission who violates the provisions of this Section shall have deducted from his salary the amount of State monies spent in violation of this Section.' "

The following amendment to the Parham amendment was read and adopted:
Representatives King of the 96th, Walker of the 115th and Snow of the 1st move to amend the Parham amendment to the Committee substitute to SB 214 as follows:
By adding on page 3 of the Parham amendment, following line 28 the following language:
"Provided, however, nothing in this Section shall be construed, so as to apply to any deputy or assistant Attorneys General, specifi cally assigned by the Attorney General to provide legal services to the members of the General Assembly."

4160

JOURNAL OP THE HOUSE,

On the adoption of the Parham amendment, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, Marvin Banks Bargeron Baugh Beckham Bowman Burton Carnes Carter Childsi Clark, L. Coleman Collins Cooper Cox Culpepper Davis Dent Edwards, C. W. Foster, P. W. Ham

Harris, J. G. Harris, J. F. Harrison Horton Irvin,R. Jessup Johnson Lane, Dick Lane, W. J. Larseni, G. K. Larsen, W. W. Lee Leonard Linder Matthews, D. R. McKinney Miles Milford Mullinax Nessmith Parham

Patten, G. C. Petro Phillips, R. T. Pinkston Randall Ray Reaves Ross Rush Sams Sigman Smith, J. R. Snow Thomason Thompson Tolbert Twiggs Walker Wall Ware Wilson

Those voting in the negative were Representatives:

Alexander Bailey Battle Beck Blackshear Bolster Bray Brown Carlisle Castleberry Chance Childers Clark, Betty Clifton Cole Colwell Connell Daugherty Dixon Dover Edwards, W. Egan Elliott Evans, B.

Evans, W. D. Felton Fraser Gammage Gignilliat Glanton Hamilton Harden Hatcher Hawkins Hays Hill, G. Holmes Howard Howell Hudson Irvin, J. Irwin: Jackson Johnson, W. R. Keyton Kilgore King Kreeger

Leggett Logan Long Lucas Mann McDonald Mostiler Nix Noble Oxford Parkman Parrish Patten, R. L. Peters Phillips, L. L. Phillips, W. R. Rainey
Richardson Russell, J. Russell, W. B. Scott Shanahan Sheats Smyre

Stone Sweat Taggart Tucker Vaughn

TUESDAY, MARCH 25, 1975

4161

Waddle Watson West White

Whitmire Williams Williamson Wood

Those not voting were Representatives:

Adams, John Berry Buck Burruss Calhoun Carr Carrell Crawford Dean Foster, R. L.
Glover

Greer Harris, B. B.
Hill, B. L. Hutchinson Jones Jordan Karrh Knight Lambert Marcus

Matthews, C. McCollum
Owens Sizemore Smith, V. B. Toles Townsend Triplett Wheeler Mr. Speaker

On the adoption of the Parham amendment, as amended, the ayes were 64, nays 85.

The amendment, as amended, was lost.

Representative Carlisle of the 71st moved that the House reconsider its action in adopting the Coleman amendment.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Alexander Bailey Beck Bolster Bray Brown Burton Calhoun Carlisle Carnes Chance Childers Childs Clark, Betty Cole Connell Cox Crawford

Culpepper Daugherty Dent Dixon Egan Elliott Felton Gignilliat Glanton Hatcher Hawkins Hill, G. Holmes Horton, Howard Irvin, R. Irwin Johnson, W. R.

Jordan Karrh Kilgore King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Lee Linder Marcus Matthews, D. R. Mostiler Mullinax Nix Petro Phillips, R. T.

4162
Phillips, W. R. Russell, J. Russell, W. B. Sizemore Sweat

JOURNAL OF THE HOUSE,

Taggart Townsend Triplett Ware

Watson West Williams Wood

Those voting in the negative were Representatives

Adams, G. D. Adams, John Adams, Marvin Banks Bargeron Battle Baugh Beckham Blackshear Bowman Carr Carter Castleberry Clark, L. Clifton Coleman Collins Colwell Cooper Davis Dean Dover Edwards, C. W. Edwards, W. Evans, W. D. Foster, P. W. Fraser Gammage Greer Ham

Harden Harris, J. F. Harrison Hays Howell Hudson Hutchisnon Irvin, J. Jackson Jessup Johnson, R. Jones Keyton Lane, W. J. Leonard Logan Long Lucas Mann McDonald McKinney Miles Milford Nessmith Noble Owens Oxford Parham Parkman Parrish

Patten, G. C. Peters Phillips, L. L. Rainey Randall Ray Reaves Rush Sams Scott Shanahan Sheats Sigman Smith, J. R. Smyre Snow Stone Thomason Thompson Tolbert Twiggs Vaughni Waddle Walker Wall White Whitmire Williamson Wilson

Those not voting were Representatives:

Berry Buck Burruss Carrell Evans, B. Foster, R. L. Glover Hamilton

Harris, B. B. Harris, J. G. Hill, B. L. Larsen, W. W. Leggett Matthews, C. McCollum Patten, R. L.

Pinks ton Richardson Ross Smith, V. B. Toles Tucker Wheeler Mr. Speaker

On the motion, the ayes were 67, nays 89.

TUESDAY, MARCH 25, 1975

4163

The motion was lost and the House refused to reconsider the adoption of the Coleman amendment.

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 Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander
Bailey Banks Bargeron Baugh Beck Beckham Blackshear Bolster Bowman Bray Brown Burton Calhoun Carlisle Games Carr Carrell Castleberry Childers Childs Clark, Betty Clark,L. Cole Colwell Connell Cooper Cox Crawford Culpepper Daugherty Davis Dean Dent Dover Edwards, C. W.

Edwards, W. Egan Elliott . EVans, B. Evans, W. D. Felton Poster, R. L. Gammage Gignilliat Glanton Glover Ham Hamilton Harden Harris, B. B. Harris, J. F. Harrison Hatcher Hawkins
Hays Hill, G. Holmes Horton Howard Howell
Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore

King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Linder Logan Lucas Mann Marcus McDonald McKinney Miles Milford Mostiler Mullinax Nix
Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Peters Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Randall Ray Reaves Richardson

4164
Rush Russell, J. Russell, W. B. Sams Scott Shanahan Sigman Sizemore Smith, J. R. Smith, V. B. Smyre

JOURNAL OF THE HOUSE,

Snow Stone Sweat Taggart Thomason Thompson Tolbert Townsend Tucker Twiggs Vaughn

Waddle Walker Wall Ware Watson West Whitmire Williams Williamson Wilson Wood

Those voting in the negative were Representatives:

Carter Chance Coleman Collins

Dixon Foster, P. W. Lane, W. J. Matthews, D. R.

Nessmith Sheats Triplett White

Those not voting were Representatives:

Battle Berry Buck Burruss Clifton Fraser

Greer Harris, J. G. Hill, B. L.
Matthews, C. McCollum Patten, R. L.

Rainey Ross Toles Wheeler Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 150, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 896. By Representatives Murphy of the 18th, Colwell of the 4th, Lee of the 72nd and others:
A Bill to revise, classify, consolidate and supersede the present State Properties Code and to establish a new codification of laws relating thereto, which codification shall be contained in Code of Georgia, Chapter 91-1A, to be known and cited as the State Properties Code of Georgia; and for other purposes.

Representative Colwell of the 4th moved that the House insist on its position in disagreeing to the Senate substitute to HB 896 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.

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4165

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:
Representatives Colwell of the 4th, Jones of the 126th and Twiggs of the 4th.

The following Bill of the House was taken up for the purpose of considering the Senate's rejection of the report of the second Committee of Conference thereon:

HB 247. By Representatives Edwards of the 110th, Harris of the 8th, Vaughn of the 57th and others:
A Bill to amend an Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, so as to increase to twelve cents per mile the rate at which the State reimburses expenses incurred by employees of the State or any agency thereof; and for other purposes.

Representative Edwards of the 110th moved that a third Committee of Conference on HB 247 be appointed.

The motion prevailed.

The Speaker appointed as a third Committee of Conference on HB 247 the following members thereof:

Representatives Bailey of the 72nd, Edwards of the 110th and Egan of the 25th.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 16. By Senators Starr of the 44th, Langford of the 51st, Riley of the 1st and others:
A Bill to amend an Act creating the Department of Public Safety, so as to provide for a Uniform Division of the Department of Public Safety; to provide that members of the Uniform Division, license examiners, communications officers and recruits shall, with certain exceptions, be subject to the rules and regulations of the State Merit System of Personnel Administration; and for other purposes.

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JOURNAL OF THE HOUSE,

The following Committee amendment number 1 was read and adopted:
The Committee on Appropriations moves to amend SB 16 as follows:
1. By adding in the title before the words "to provide for an effective date" the following:
"to authorize the Board of Public Safety to provide for hazard ous duty pay; to provide for penalties;".
2. By changing the following: "<5)" on page 6, line 13, to "(6)" and adding a new number (5) to read as follows:
"(5) The Board of Public Safety shall be authorized to grant hazardous duty incentive pay in the amount of $25.00 per month, which shall be in addition to any other compensation, to troopers and officers within the Uniform Division who are assigned to duty posts throughout the State which operate on a twenty-four hour schedule and which were created or may be created for the purpose of enforcing the traffic laws and criminal laws of this State. To be eligible for such hazardous duty incentive pay, such troopers and officers shall:
(i) have an actual tour of duty,

(ii) be engaged in the enforcement of traffic laws or criminal laws or both at least eighty hours per month, and

(iii) work at least sixteen of such eighty hours in paragraph (ii) above either on weekends or from 10:00 p.m. to 8:00 a.m. on the days of Monday through Friday.

The certification of completion of tours of duty under hazardous conditions which entitle such troopers and officers to hazardous duty incentive pay shall be made monthly by the post commanders or assistant post commanders. Any officer or employee of the De partment of Public Safety found to have knowingly falsified the number of hours of duty under hazardous conditions shall be termi nated from the Department."

The following Committee amendment number 2 was read:
The Committee on Appropriations moves to amend SB 16 as follows:
1. By striking from the title the words:
"to provide that no such employee made subject to such rules and regulations shall be compensated at a lesser initial salary than which he is earning on the date this Act becomes law;",

TUESDAY, MARCH 25, 1975

4167

and inserting in lieu thereof the following:

"to include provisions relative to compensation; to include pro visions relative to promotions;".

2. By striking from Section 1 the following:

"(1) No such employee shall be compensated at a lesser initial salary than the salary the employee is earning on the date this Section becomes law;",

and inserting in lieu thereof the following:

"(1) No such employee shall be compensated at a lesser initial salary than the compensation the employee is earning on the date this Section, as amended in 1975, becomes law, nor shall any such employee be compensated at a salary more than five percent in excess of the salary such employee is earning on said date. Provided, however, that any general pay increase for Merit System employees appropriated during the 1975 session of the General Assembly shall be in addition to said five percent limitation, but no such employee shall receive a 'six-month working test increase' during fiscal year 1976. Provided, further, that in addition to any other compensation he receives, the Commanding Officer shall receive the sum of $1,500.00 per annum as an expense allowance;".

3. By striking the quotation marks at the end of Section 1 and adding a new subsection to be known as subsection (h) to read as follows:

"(h) Promotions within the Department of Public Safety shall be under the following procedure: the Governor shall establish a Promotion Board within the Department of Public Safety to be composed of seven members of said Department. The Commanding Officer shall recommend for promotion those personnel in the Battalion he deems should be promoted. Any such recommendation must be made to the Promotion Board. The Promotion Board shall review all such recommendations and make its own recommendations thereon to the Commissioner. The Commissioner shall review all such recommendations and make his recommendations to the Board of Public Safety, which shall have the final authority to grant promotions within the Department. The Commissioner shall recommend for promotion such personnel in the Headquarters Staff as he deems should be promoted. The Commissioner's recommenda tions shall be made directly to the Board of Public Safety. The Board of Public Safety may make promotions within the Department of Public Safety without any recommendations."

The following amendment to the Committee amendment number 2 was read and adopted:

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JOURNAL OF THE HOUSE,

Representative Harris of the 8th moves to amend the Committee amendment number 2 as follows:

By striking the first sentence in paragraph (1) Section 2 of the Committee amendment and inserting in lieu thereof the following: "Each such employee shall be compensated at a rate five per cent greater than the salary such employee is earning on the date this Section becomes law." and by striking the word, "limitation" on line 25 of the Committee amendment.

The Committee amendment number 2, as amended, was adopted.

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

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

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Banks Bargeron Battle Baugh Beck Beckham Blackshear Bolster Bowman Bray Brown Buck Burruss Calhoun Carlisle Games Carr Carrell Castleberry Chance Childers Childs Clark, Betty Clark, L. Cole Coleman Collins

Colwell Connell Cooper Cox Crawford Culpepper Daugherty Davis Dent Dixon Dover Edwards, C. W. Edwards, W. Egan Elliott Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glanton Glover Greer Ham Hamilton Harden Harris, B. B. Harris, J. F. Harris, J. G.

Harrison Hatcher Hawkins Hays Hill, B. L. Hill, G. Holmes Horton Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee

TUESDAY, MARCH 25, 1975

4169

Leggett Leonard Linder Logan Long Lucas Mann Marcus Matthews, D.R. McCollum McDonald McKinney Miles Milford Mostiler Mullinax Nessmith Nix Noble Owens Oxford Parham Parkman Parrish

Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall
Ray Reaves Richardson Ross Rush Russell, J. Russell, W. B. Sams Scott Shanahan Sheats Sigman Sizemore Smith, J. R.

Smyre Snow Stone Sweat Taggart Thompson Tolbert Town send Triplett Tucker Twiggs Vaughn Waddle Walker Wall Ware Watson West Whitmire
Williams Williamson Wilson Wood

Those voting in the negative were Representatives Carter and V. B. Smith.

Those not voting were Representatives:

Berry Burton Clifton Dean

Howard Matthews, C. Thomason Toles

Wheeler White Mr. Speaker

On the passage of the Bill, as amended, the ayes were 167, nays 2.

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

Representative White of the 132nd stated that he had been called from the floor of the House when the roll call was ordered on the passage of SB 16, as amended, but had he been present would have voted "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 381. By Representatives Matthews of the 145th, Patten and Carter of the 146th and Sizemore of the 136th:
A Bill to amend an Act creating the Georgia Agrirama Development Authority so as to exempt the Authority from certain taxes; and for other purposes.

4170

JOURNAL OF THE HOUSE,

The following Senate substitute was read:

A BILL

To be entitled an Act to amend an Act creating the Georgia Agrirama Development Authority, approved April 7, 1972 (Ga. Laws 1972, p. 1161), so as to exempt the Authority from taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. An Act creating the Georgia Agrirama Development Au thority, approved April 7, 1972 (Ga. Laws 1972, p. 1161), is hereby amended by adding a new Section, to be designated Section 7.1, to read as follows:

"Section 7.1. Governmental Function. It is hereby found, deter mined and declared that the creation of the Authority and the carry ing out of its corporate purpose is in all respects for the benefit of the people of this State and is a public purpose and that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Act and the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or super vision or upon its activities in the operation or maintenance of the facilities erected, maintained or acquired by it or any fees, rentals or other charges for the use of such facilities or other income received by the Authority."

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.

Representative Matthews of the 145th moved that the House agree to the Senate substitute to HB 381.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, Marvin Alexander Bailey Banks Bargeron Battle Baugh

Beck Beckham Blackshear Bolster Bowman Bray Brown Buck

Burruss Burton Calhoun Carlisle Games Carr Carrell Carter

Castleberry Chance Childers Childs Clark, Betty Clark,L. Clifton
Cole
Coleman Collins Colwell Connell Cooper Cox Crawford Culpepper Daugherty Davis Dean Dent Dixon Dover Edwards, C. W. Edwards, W. Elliott Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glanton Glover Greer Ham Hamilton Harden Harris, B. B. Harris, J. G. Harris, J. F. Harrison Hatcher Hawkins Hays Hill, B. L. Hill, G.

TUESDAY, MARCH 25, 1975

4171

Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.
Lee Leggett Leonard Linder Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald Miles Milford Mostiler Mullinax Nessmith Nix Noble Owens Oxford Parham

Parkman Parrish Patten, G. C. Patten, R. L. Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Randall Ray Reaves Richardson
Boss Rush Russell, J. Russell, W. B. Sams Scott Shanahan
Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow
Stone Sweat Taggart Thompson Tolbert Townsend Triplett Tucker Twiggs Vaughn Waddle Walker Wall Ware Watson West White Whitanire Williams Williamson Wilson Wood

Those not voting were Representatives:

Adams, John Berry Egan Matthews, C.

McKinney Peters Petro Rainey

Thomason Toles Wheeler Mr. Speaker

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JOURNAL OF THE HOUSE,

On the motion, the ayes were 168, nays 0.

The motion prevailed and the Senate substitute to HB 381 was agreed to.

The following Resolution of the Senate was taken up for the purpose of con sidering the Senate amendment to the House substitute thereto:

SR 144. By Senator Holloway of the 12th:
A Resolution authorizing the conveyance of certain real property located in Lee and Dougherty Counties, Georgia; and for other purposes.

The following House substitute was again read:
A RESOLUTION
Authorizing the conveyance of certain real property located in Lee and Dougherty Counties, Georgia, and the lease of certain real property located in Grady County, Georgia; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real prop erty known as Chehaw State Park located in Lee and Dougherty Counties, Georgia, which is presently under the control and jurisdiction of the Department of Natural Resources, Parks and Historic Sites Division; and
WHEREAS, said real property is all those tracts or parcels of land lying and being in Lee and Dougherty Counties, Georgia, and more partic ularly described as follows:
"Tract 1: All that tract or parcel of land lying and being in Lee and Dougherty Counties, Georgia, and known and described as a part of the Ball Place, beginning at a point on the West line of Land Lot No. 299, where said line is intersected by the Albany-Philema Road; thence run in a Northeasterly direction along said Albany-Philema Road a distance of 8200 feet; thence run in a Northwesterly direction at right angles to said center line of said road 4800 feet, more or less, to Muckalee Creek; thence following the meanders of said creek in a Southwesterly direction to the North line of Land Lot I, First District Lee County, Georgia; thence in a Westerly direction to the West line of said Land Lot; thence South to point of beginning. Said tract con taining parts of Lots 34, 35, 36, 2, and all of fractional Lot 1, First District, Lee County, Georgia, and parts of Lots 297, 298, and 299, First District, Dougherty County, Georgia. Said above described tract lying in one body, and containing 600 acres, more or less. Also all that part of Land Lot 328, First District, Dougherty County, Georgia, lying between the East line of said Land Lot 328 and the low water line of Muckalee Creek, and being part of Subdivision "E", Nelson Place.

TUESDAY, MARCH 25, 1975

4173

Tract 2: Starting at the intersection of the South Boundary of the Philema Road and the East Boundary of Lakeshore Drive Alley projected north run N 70 degrees 58' E 233.39' along the South Boundary of the Philema Road to the point of beginning; thence run S 11 degrees--18' E for 184.5'; thence S 6 degrees 58' E for 134.2'; thence S 4 degrees--6' W 384.0'; thence S 85 degrees 54' E for 240.0'; thence N 29 degrees--107 for 465' more or less to the low water line of the Muckafoonee Creek; thence in a northwesterly direction along the low water line of the Muckafoonee Creek to the South Right-of-Way of the Philema Road; thence S 70 degrees--58' W along the South Right-of-Way of the Philema Road for 48' more or less to the point of beginning. Said tract containing approximately 4.5 acres being a part of the Lakeside Sub-division as recorded in Plat Book 1, Page 91, of the office of the Clerk of the Superior Court, Dougherty County, Georgia. Said property being a portion of Land Lot Number 327 in the First Land District of Dougherty County, Georgia, and described with particularity on a plat designated Exhibit "A", and by reference made a part hereof.

Less State of Georgia (Grantor) to City of Albany (Grantee) : Beginning at the northwest corner of Land Lot Number 299 of the First Land District; thence in a southerly direction along the west line of Land Lot 299 six hundred sixty feet (660) more or less to a point where said west line intersects the northwest right-of-way line of the Albany-Philema Road; thence along the northwest rightof-way line of the Albany-Philema Road North fifty-two (52) degrees East and North forty-nine (49) degrees East one thousand eighty (1080) feet more or less to a point where said right-of-way line and the North line of Land Lot 299 intersect; thence in a westerly direc tion along the North line of Land Lot 299 eight hundred (800) feet more or less to the northwest corner of Land Lot 299 and point of beginning. Said tract or parcel of land containing six (6.0) acres more or less, including part of the Georgia Power Company Reservoir, being that portion of Land Lot 299, First Land District of Dougherty County, lying North and West of the Albany-Philema Road. This conveyance being subject to all previous easements, deeds, or rights held by Georgia Power Company over that portion of this tract cover ed by the Power Company Reservoir.

Said tract hereinbefore described being part of the tract conveyed by the City of Albany, a Municipal Corporation, of the County of Dougherty and the State of Georgia, to the State of Georgia on May 12, 1937, said conveyance being recorded in Deed Book 76, Folio 278 of Dougherty County Records, with plat recorded in Plat Book 1, page 151 of Dougherty County Records.

Subject to Lease Agreeemnt -- State Properties Commission and City of Albany for 99.414 acres tract of land (a part of Chehaw State Park).";
and
WHEREAS, the Board of Natural Resources, by a Resolution dated

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JOURNAL OP THE HOUSE,

February 27,1975, has indicated that the above described real property is no longer needed by the Department of Natural Resources, Parks and Historic Sites Division and is therefore surplus; and
WHEREAS, the City of Albany, Georgia, needs and desires said real property for public recreation purposes; and
WHEREAS, the State of Georgia is currently the owner of two tracts of land located in the City of Cairo, Grady County, Georgia, which is cur rently under the control and jurisdiction of the Commissioner of Agricul ture and the Georgia Department of Agriculture; and
WHEREAS, said tracts of land are more particularly described as follows:
"1. Approximately one acre of land abutting the north right-ofway margin of llth Avenue northeast in the City of Cairo for 270 feet and extending north 161 feet; and
2. Approximately 1.9 acres of land abutting the east margin of Market Street and the south right-of-way margin of llth Avenue northeast in the City of Cairo and extending south to county property now housing the ASC offices."; and
WHEREAS, said tracts of land are not currently needed by the De partment of Agriculture or the State of Georgia and are, therefore, sur plus; and
WHEREAS, Grady County is in need of adequate facilities to update and modernize the local offices of the University of Georgia Extension Service and to provide adequate parking facilities.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the control and jurisdiction over said tracts of land hereinabove described and located in Lee and Dougherty Counties, Georgia, are hereby transferred to the State Properties Com mission or the Governor and said Commission, or the Governor, whichever the case may be, is hereby authorized to convey said tracts or parcels of land subject to the following conditions:

(1) That said tracts or parcels of land shall be conveyed to the City of Albany, Georgia.

(2) The following items shall be transferred along with the real property hereinabove described:
a. one hundred and four concrete picnic tables. b. forty-four wood picnic tables c. forty-four grills d. playground equipment

TUESDAY, MARCH 25, 1975

4175

e. boat docks f. fishing docks g. one concession building h. one family/group shelter i. seven picnic shelters j. one assembly shelter k. two comfort stations 1. two rest stations m. one miniature golf course n. one maintenance building o. one ranger residence p. one superintendent residence q. one other residence

No desks, chairs, file cabinets, adding machines, typewriters, trucks, mowers, hand tools, or personal property of any kind shall be transferred.

(3) That the consideration for said conveyance shall be Ten Dollars ($10.00).

(4) That the said tracts or parcels of land and facilities shall be used only for public recreational or .other nonprofit purposes and uses and said tracts or parcels of land shall be conveyed with covenants requir ing such use.

BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Commissioner of Agriculture, acting for and on behalf of the State of Georgia, is hereby authorized to lease said tracts of land hereinabove described and located in Grady County, Georgia, to Grady County subject to the following conditions:

(1) That the consideration for said lease shall be as agreed upon by the Commissioner of Agriculture and the governing authority of Grady County.

(2) That said tracts of land leased to Grady County be used by Grady County.

(3) That the terms and conditions of any lease agreement executed pursuant to the authority of this resolution shall be as agreed upon by the Commissioner of Agriculture and the governing authority of Grady County.

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JOURNAL OF THE HOUSE,

The following Senate amendment to the House substitute was read:

Senator Holloway of the 12th moves to amend House substitute to SR 144 by adding on line 10, page 5 after the word, "commission" the following:

", or the Governor, whichever the case may be,".

Representative Hatcher of the 131st moved that the House agree to the Senate amendment to the House substitute to SR 144.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, Marvin Alexander Bailey Banks Bargeron Battle Baugh Beck Beckham Blackshear Bolster Bowman Bray Brown Burruss Calhoun Carlisle Games Can-
Carter Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton Cole Collins Colwell Connell Cooper Cox Crawford Culpepper Daugherty

Davis Dean Dent Dixon Dover Edwards, C. W. Edwards, W. Elliott Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glanton Glover Ham Hamilton Harden Harris, B. B. Harris, J. G. Harris, J. F. Hatcher Hawkins Hays Hill, G. Holmes Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson

Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Linder Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald Miles Milford Mostiler Mullinax Nessmith Nix Noble Owens Oxford

TUESDAY, MARCH 25, 1975

4177

Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Randall Ray Reaves Richardson Rush

Russell, J. Russell, W. B. Sams Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Taggart Thompson Tolbert Townsend

Triplett Tucker Twiggs Waddle Walker Wall Ware Watson West White Whitmire Williams Williamson Wilson Wood

Those not voting were Representatives:

Adams, John Berry Buck Burton Carrell Coleman Egan Greer

Harrison Hill, B. L. Horton Matthews, C. McKinney Petro Ross

Scott Shanahan Thomason Toles Vaughn Wheeler Mr. Speaker

On the motion, the ayes were 158, nays 0.

The motion prevailed and the Senate amendment to the House substitute to SR 144 was agreed to.

The following Bill of the House was taken up for the purpose of considering the report of the third Committee of Conference thereon:

HB 247. By Representatives Edwards of the 110th, Harris of the 8.th, Vaughn of the 57th and others:
A Bill to amend an Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, so as to increase to twelve cents per mile the rate at which the State reimburses expenses incurred by employees of the State or any agency thereof; and for other purposes.

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JOURNAL OF THE HOUSE,

The following report of the third Committee of Conference was read:

Conference Committee Report on HB 247

The Conference Committee on HB 247 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 247 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ W. D. "Don" Ballard Senator, 45th District
/s/ Pierre Howard, Jr. Senator, 42nd District
/s/ Steve Reynolds Senator, 48th District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Frank I. Bailey, Jr. Representative, 72nd District
/s/ Ward Edwards Representative, 110th District
/s/ Michael J. Egan Representative, 25th District

A BILL

To be entitled an Act to amend an Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, approved April 6, 1972 (Ga. Laws 1972, p. 1125), so as to increase to twelve cents ($.12) per mile the rate at which the State reimburses expenses incurred by State officers, officials and employees in operating private motor vehicles while engaged in the service of the State or any agency thereof; to provide for exceptions; to provide for additional reimbursement for parking and toll fees incurred while so engaged, regardless of the ownership of the vehicle; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and em ployees of the State or any agency thereof, approved April 6, 1972 (Ga.
Laws 1972, p. 1125), is hereby amended by striking Section 2 of said Act, which reads as follows:

"Section 2. The officers, officials and employees of the various Departments, Institutions, Boards, Bureaus, and Agencies of the State shall be paid 10 cents per mile as traveling expense when traveling in the service of the State or any agency thereof by automobile, except as provided otherwise in the General Appropriations Act. This section shall not apply to officers, officials, and employees traveling in State owned automobiles or rental automobiles.",

TUESDAY, MARCH 25, 1975

4179

in its entirety and inserting in lieu thereof a new Section 2 to read as follows:

"Section 2. The officers, officials and employees of the Executive, Legislative and Judicial Branches of State Government, except mem bers of the General Assembly who shall be paid as otherwise provided by law, shall be paid 12 cents per mile as traveling expense and shall, in addition to mileage, be reimbursed for actual expenses incurred by reason of tolls and parking fees, when traveling in the service of the State or any agency thereof by automobile. Mileage shall not be recoverable by such officers, officials, and employees traveling in State-owned automobiles or rental automobiles."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Representative Edwards of the 110th moved that the House adopt the report of the third Committee of Conference on HB 247.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, Marvin Alexander Bailey Bargeron Battle Baugh Beck Beckham Blackshear Bolster Bray Brown Burruss Burton Calhoun Carlisle Carnes Carr Carrell Castleberry Chance Childers Childs Clark,L. Clifton Cole Coleman Collins Colwell

Connell Cooper Cox Crawford Culpepper Daugherty Davis Dent Dixon Dover Edwards, W. Egan Evans, B. Evans, W. D. Felton Poster, R. L. Fraser Gammage Gignilliat Glanton Glover Greer Ham Hamilton Harden Harris, J. G. Harris, J. F. Harrison Hatcher

Hays Hill, G. Horton Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R.
Johnson, W. R. Jones Karrh .Keyton Kilgore King Knight Kreeger Lambert Larsen, G. K. Larsen, W..W. Lee Leggett Leonard Linder Logan Long Lucas

4180
Marcus Matthews, D. R. McCollum McDonald Miles Milford Mostiler Mullinax Nessmith Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters

JOURNAL OF THE HOUSE,

Phillips, L. L. Phillips, R. T. Phillips, W. R. Pinkston Rainey Ray Reaves Richardson Rush Russell, J. Russell, W. B. Sams Shanahan Sheats Sigman Sizemore Smyre Snow

Stone Taggart Thompson Tolbert Townsend Triplett Tucker Twiggs Vaughn , Waddle Walker Ware Watson West Whitmire Williamson Wilson Wood

Those voting in the negative were Representatives:

Banks Bowman Carter Clark, Betty

Edwards, C. W. Foster, P. W. Jordan Nix

Sweat Wall Williams

Those not voting were Representatives:

Adams, G. D. Adams, John Berry Buck Dean Elliott Harris, B. B. Hawkins Hill, B. L. Holmes

Howard Howell Lane, Dick Lane, W. J. Mann Matthews, C. McKinney Petro Randall

Ross Scott Smith, J. R. Smith, V. B. Thomason Toles Wheeler White Mr. Speaker

On the motion, the ayes were 141, nays 11.

The motion prevailed and the report of the third Committee of Conference 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 908. By Representatives Elliott of the 49th, Adams of the 14th, Kilgore of the 66th and others:
A Bill to amend Code Section 68A-1002, authorizing police officers to

TUESDAY, MARCH 25, 1975

4181

remove vehicles, so as to authorize police officers to remove a vehicle which is stopped on a controlled access highway which is a part of the National System of Interstate and Defense Highways when such vehicle has been stopped for more than a certain period of time or when such vehicle constitutes a traffic hazard; and for other purposes.

The following report of the Committee of Conference on HB 908 was read:

Mr. President: Mr. Speaker:

Your Conference Committee on HB 908 has met and submits the following recommendation:

That the House and Senate recede from their respective positions and that HB 908 as passed by the House, with the attached amendment, be adopted.

FOR THE SENATE
/s/ Steve Reynolds ' Senator of the 48th
/s/ Nathan Dean Senator of the 31st
/s/ George Warren Senator of the 43rd

Respectfully submitted,
FOR THE HOUSE
/s/ Ewell H. Elliott Representative of the 49th
/s/ John Adams Representative of the 14th
/s/ Benson Ham Representative of the 80th

Amend HB 908 by striking from lines 18 of page 1 and 17 of page 2 the word "two", and substituting in lieu thereof the word "eight".

Representative Elliott of the 49th moved that the House adopt the report of the Committee of Conference on HB 908.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, Marvin Alexander Bailey Bargeron Battle Baugh Beck Beckham Blackshear

Bolster Bowman Bray Brown Burruss Burton Calhoun Carnes Carr Carrell

Carter Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman

4182
Collins Colwell Connell Cooper Cox Crawford Culpepper Daugherty Davis Dent Dixon Dover Edwards, C. W. Egan Elliott Evans, B. Evans, W. D. Felton Poster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glover Greer Ham Hamilton Harden Harris, B. B. Harris, J. G. Harris, J. F. Harrison Hatcher Hawkins Hays Hill, G. Holmes Horton Howard Howell Hudson Hutchinson

JOURNAL OP THE HOUSE,

Ivin, J. Irvin, R. Irwin Jackson
Jessup Johnson, W. R. Jones
Jordan Karrh Keyton Kilgore King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Linder Logan Long
Lucas Matthews, D. R. McCollum McDonald Miles Milford Mostiler Mullinax Nessmith Nix Owens Oxford Parham Parrish Patten, G. C. Patten, R. L.

Peters Phillips, R. T. Phillips, W. R. Pinkston
Rainey Ray Reaves Richardson Ross Russell, J. Russell, W. B. Sams Shanahan Sheats Sigman Sizemore Smith, J. R. Smyre Snow Stone Sweat Taggart Thompson Tolbert Townsend Triplett Tucker Twiggs Vaughn Waddle Walker Wall Ware Watson West White Whitmire Williams Williamson Wilson Wood

Those not voting were Representatives:

Adams, John Banks Berry Buck Carlisle Dean
Edwards, W.
Glanton
Hill, B. L.

Johnson, R. Mann Marcus Matthews, C. McKinney Noble
Parkman
Petro
Phillips, L. L.

Randall Rush Scott Smith, V. B. Thomason Toles
Wheeler
Mr. Speaker

TUESDAY, MARCH 25, 1975

4183

On the motion, the ayes were 154, nays 0.

The motion prevailed and the report of the Committee of Conference on HB 908 was adopted.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 1106. By Representatives Lambert of the 112th and Carlisle of the 71st:
A Bill to provide for an Act known as the Georgia Special Adult Offender Act of 1975; to create a special Adult Offender Division under the State Board of Corrections; and for other purposes.

The following Senate amendment was read:

The Senate offers the following amendment:
Amend HB 1106 by adding a new Section 22 to read as follows:
"Section 22. The effective date of this Act shall be July 1,1976.", and
By renumbering Section 22 as Section 23.

Representative Burruss of the 21st moved that the House agree to the Senate amendment to HB 1106.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Banks Bargeron Battle Baugh Beck Beckham Blackshear Bolster Bowman Bray

Brown Burruss Burton Calhoun Carnes Carr Carrell Carter Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton

Cole Coleman Connell Cooper Cox Crawford Culpeper Daugherty Davis Dent Dixon Dover Edwards, C. W. Edwards, W. Elliott

4184
Evans, B. Evans, W. D. Pelton Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glanton Greer Ham Hamilton Harden Harris, B. B. Harris, J. G. Harris, J. F. Harrison Hatcher Hawkins Hays Hill, G. Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin,R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton

JOURNAL OF THE HOUSE,

Kilgore King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Linder Logan Long Lucas Mann Marcus Matthews, D. R. McDonald Miles Milford Mostiler Mullinax Nessmith Nix Noble Owens Oxford Parham Parrish Patten, G. C. Patten, R. L. Peters Phillips, L. L. Phillips, R. T. Phillips, W. R.

Pinkston Rainey Ray Reaves Richardson Ross Russell, J. Russell, W. B. Sams Shanahan Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone Taggart Thompson Tolbert Townsend Triplett Tucker Twiggs Vaughn Waddle Walker Wall Ware Watson West White Whitmire Williamson Wilson Wood

Voting in the negative was Representative Sweat.

Those not voting were Representatives:

Berry Buck Carlisle Collins Colwell Dean Egan Glover

Hill, B. L. Matthews, C. McCollum McKinney Parkman Petro Randall

On the motion, the ayes were 157, nays 1.

Rush Scott Thomason Toles Wheeler Williams Mr. Speaker

TUESDAY, MARCH 25, 1975

4185

The motion prevailed and the Senate amendment to HB 1106 was agreed to.

The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amendment thereto:

SB 165. By Senator Overby of the 49th:
A Bill to amend Code Section 27-1402, relating to conditions of bail bonds and recognizances, as amended, so as to provide for proceedings to forfeit bonds or recognizances upon failure of the principal to appear; and for other purposes.

Representative Howard of the 19th moved that the House insist on its position in substituting SB 165 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

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

Representatives Howard of the 19th, Fraser of the 139th and Jackson of the 9th.

Representative Larsen of the 119th 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 adheres to its substitute to the following Bill of the House, and has appointed a Committee of Conference, to-wit:

HB 896. By Representatives Murphy of the 18th, Colwell of the 4th, and others:
A Bill to revise, classify, consolidate and supersede the present State Properties Code and to establish a new codification of laws relating thereto:

The President has appointed on the part of the Senate the following Senators: Brown of the 47th, Eldridge of the 7th and Starr of the 44th:

4186

JOURNAL OF THE HOUSE,

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

SB 272. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A Bill to amend an Act known as the "Georgia Police Academy Act", to provide that the Board of Public Safety shall have authority over the Georgia Police Academy; to repeal that portion of said Act establishing a Georgia Police Academy Board; and for other purposes.

The following amendments were read and adopted:

Representatives Gammage of the 17th, Childers of the 15th and Adams of the 14th move to amend SB 272 as follows:
By adding in the title on line 26 of page 1, immediately preceding the phrase "to provide an effective date", the following:
"to amend an Act creating the Department of Public Safety, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to authorize certain members of the Uniform Division of the De partment of Public Safety to retain their weapons and badges upon leaving the service of the division under honorable conditions; to provide for regulations;".
By renumbering Section 7 and Section 8 as Section 8 and Section 9, respectively, and adding a new Section 7 to read as follows:
"Section 7. An Act creating the Department of Public Safety, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, is hereby amended by adding at the end of the first paragraph of Section 9, after the words 'State of Georgia', the following:
'; provided, however, that after a member has accumulated 25 years of service in the Uniform Division of the Department of Public Safety, upon leaving the division under honorable conditions such member shall be entitled as part of his compensation to retain his weapon and badge pursuant to regulations promulgated by the commissioner',
so that when so amended, the first paragraph of Section 9 shall read as follows:
'The Director of the Department of Public Safety shall, within the limit of the appropriation, provide the members of the Uniform Division of the Department of Public Safety with proper uniforms, suitable to the season, and also with emergency and first aid outfits, weapons, horses, horse equipment, motor vehicles with radio equip-

TUESDAY, MARCH 25, 1975

4187

ment, if such be available, and all other necessary supplies and equipment for the purpose of carrying out the provisions of this Act, the same to remain the property of the State of Georgia; provided, however, that after a member has accumulated 25 years of service in the Uniform Division of the Department of Public Safety, upon leaving the division under honorable conditions such member shall be entitled as part of his compensation to retain his weapon and badge pursuant to regulations promulgated by the commissioner.'"

Representative Russell of the 53rd moves to amend SB 272 by adding a period after the word, "System" on line 27, page 2 and striking the remainder of Section
4(b).

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 Representatives:

Adams, G. D. Adams, John Adams, Marvin Bailey Banks Bargeron Battle Baugh Beckham Blackshear Bolster Bowman Bray Burruss Burton Calhoun Carlisle Carnes Carr Carrell Carter Castleberry Chance
Childers Childs Clark, Betty Clark, L. Clifton
Cole Coleman Collins

Connell Cooper Cox Crawford Culpepper Daugherty Davis Dent Dixon Dover Edwards, C. W. Edwards, W. Egan Elliott Evans, B. Evans, W. D. Felton Poster, P. W. Foster, R. L. Gammage Gignilliat Glanton Greer Ham Hamilton Harden Harris, B. B. Harris, J. G. Harris, J. F. Harrison Hatcher

Hawkins Hays Hill, G. Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jordan Karrh Keyton Kilgore King Knight Kreeger Lane, Dick Larsen, G. K. Larsen, W. W.
Lee Leggett Leonard Linder Logan

4188
Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald Miles Milford Mostiler Mullinax Nix Noble Owens Oxford Parrish Patten, G. C. Patten, R. L. Peters

JOURNAL OP THE HOUSE,

Phillips, L. L. Phillips, R. T. Pinkston Rainey Randall Ray
Reaves Richardson Rush Russell, J. Russell, W. B. Sams Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow

Stone Sweat Thompson Tolbert Town send Tucker Vaughn Waddle Walker Wall Ware
Watson West White Whitmire Williams Williamson Wilson Wood

Those not voting were Representatives:

Alexander Beck Berry Brown Buck
Colwell
Dean
Fraser
Glover Hill, B. L.

Jones Lambert Lane, W. J. Matthews, C. McKinney
Nessmith
Parham
Parkman Petro
Phillips, W. R.

Ross Scott Shanahan Taggart Thomason Toles Triplett Twiggs Wheeler 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.

SB 362. By Senator McGill of the 24th:
A Bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", as amended, so as to repeal the current provisions regarding the perfection and foreclosure of mechanics' liens on vehicles; and for other purposes.

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

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

TUESDAY, MARCH 25, 1975

4189

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Bargeron Battle Baugh Beck Beckham Blackshear Bolster Bowman Bray Brown Burruss Burton Calhoun Carlisle Carnes Carr Carrell Carter Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman Collins Connell Cooper Crawford Culpepper Daugherty Davis Dent
Dixon
Dover
Edwards, C. W.
Edwards, W.
Egan
Evans, W. D.
Pelton
Poster, P. W.
Foster, R. L.
Gammage
Gignilliat

Glanton Glover Greer Ham Hamilton Harden Harris, B. B. Harris, J. G. Harris, J. F. Harrison Hatcher Hawkins Hays Hill, G. Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore King Knight Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Lee Leggett
Leonard
Linder
Logan
Long
Lucas
Marcus
Matthews, D. R.
McCollum
McDonald
Miles
Milford

Mostiler Mullinax Nessmith Nix Noble Owens Oxford Parkman Parrish Patten, G. C. Patten, R. L. Peters Phillips, L. L. Phillips, W. R. Pinkston Rainey Ray Reaves Richardson Ross Rush Russell, J. Russell, W. B. Sams Scott Shanahan Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Thompson Tolbert Townsend Triplett
Tucker
Vaughn
Waddle
Walker
Wall
Ware
Watson
West
Whitmire
Williamson
Wilson
Wood

4190

JOURNAL OP THE HOUSE,

Those voting in the negative were Representatives:

Hill, B. L. Mann

Randall

White

Those not voting were Representatives :

Banks Berry Buck Colwell Cox Dean Elliott Evans, B.

Fraser Lambert Lane, W. J. Matthews, C. McKinney Parham Petro Phillips, R. T.

Taggart Thomason Toles Twiggs Wheeler Williams Mr. Speaker

On the passage of the Bill, the ayes were 153, nays 4.

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

Representative Evans of the 99th arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 82. By Senators Tate of the 38th and Bond of the 39th:
A Bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to permit certain teachers an option of remaining a member or becoming a member of a local retirement fund; and for other purposes.

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

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

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, Marvin Bailey Banks Battle Baugh Beck Beckham

Bolster Bowman Bray Burruss Burton Calhoun Games Carr

Carrell Carter Castleberry Chance Childers Clark, Betty Clark, L. Clifton

Cole Coleman Collins Connell Cooper Cox Culpepper Daugherty Davis Dean Dixon Dover Edwards, W. Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glanton Glover Ham Hamilton Harden Harris, J. G. Harris, J. F. Harrison Hatcher Hays Hill, G. Holmes Horton Howard Howell Hudson Hutchinson

TUESDAY, MARCH 25, 1975

4191

Irvin,R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Karrh Keyton Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee Leggett Logan Long Lucas Mann Matthews, D. R. McCollum McDonald McKinney Miles Milford Mostiler Mullinax Nix Noble Owens Oxford Parham Parkman Parrish Patten, G. C.
Peters Phillips, L. L. Phillips, R. T.

Phillips, W. R. Pinkston Rainey Randall Ray Reaves Richardson Rush Russell, J. Sams Scott Shanahan
Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone Thompson Tolbert Triplett Tucker Twiggs Vaughn Waddle Walker Ware Watson West White Whitmire Williams Williamson
Wilson Wood

Those voting in the negative were Representatives:

Bargeron

Crawford

Wall

Those not voting were Representatives:

Adams, John Alexander Berry Blackshear Brown Buck Carlisle Childs Colwell

Dent Edwards, C. W. Egan Elliott Greer Harris, B. B. Hawkins Hill, B. L. Irvin, J.

Jones Jordan Kilgore King Lambert Larsen, W. W. Leonard Linder Marcus

4192
Matthews, C. Nessmith Patten, R. L. Petro Ross

JOURNAL OF THE HOUSE,

Russell, W. B. Sweat Taggart Thomason

Toles Townsend Wheeler Mr. Speaker

On the passage of the Bill, the ayes were 137, nays 3.

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

The following Resolutions of the House were read and adopted:

HR 437. By Representatives Phillips of the 120th, Howell of the 140th, Patten of the 149th and many others:
A RESOLUTION
Wishing the Honorable John Greer a happy birthday; and for other purposes.
WHEREAS, the Honorable John Greer, the distinguished Representa tive from the 43rd District -- Post 3, was born on March 25, 1909; and
WHEREAS, he was born in Fitzgerald, Georgia, the son of John Wesley and Edna (Roberts) Greer, and attended Emory Academy and Emory University; and
WHEREAS, no one else has ever matched Mr. Greer's feat of repre senting a small rural county for years in the legislature, then moving to Atlanta and emerging as an influential city-oriented State legislator; and
WHEREAS, one writer has said that "Greer moved a million miles in politics -- from Lakeland to Atlanta -- but it didn't matter, because he has the personality, the gift for gab, the ability to get along with all kinds and an understanding of what the political game is all about"; and
WHEREAS, his legislative experience and keen understanding of governmental problems has made him one of the most influential members of the General Assembly; and
WHEREAS, John, as he is called by his multitude of friends, is one of the best-liked persons in State Government and is held in fond affec tion by every member of this Body; and
WHEREAS, it is the desire of this Body on this auspicious date to express to the Honorable John Greer its heartiest congratulations on this, his 66th birthday.

TUESDAY, MARCH 25, 1975

4193

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby extend their heartiest congratulations to the Honorable John Greer on the occasion of his 66th birthday.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the Honorable John Greer.

HR 438. By Representatives Brown of the 134th, Hill of the 127th, Dean of the 29th and others:
A RESOLUTION
Commending Mrs. Alma Simmons; and for other purposes.
WHEREAS, Mrs. Alma Simmons has provided invaluable aid and assistance to members of the House and others during the 1975 session of the General Assembly of Georgia; and
WHEREAS, her hard work, diligence, conscientiousness, high character, good looks, and prompt attention to duty and responsibility have secured for her a place of affection in the hearts and minds of many Representatives; and
WHEREAS, many jobs were performed by Mrs. Simmons that other wise would have been uncompleted; and
WHEREAS, her kindness, thoughtfulness, unfailing good cheer and bright smile have brightened many a dreary day.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby recognize and commend Mrs. Alma Simmons for her dedicated service during the 1975 session of the General Assembly of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby directed to transmit an appropriate copy of this resolution to Mrs. Alma Simmons.

HR 439. By Representatives Hamilton of the 31st, Horton of the 43rd, Marcus of the 26th and others:
A RESOLUTION
Directing the State Planning and Community Affairs Committee to make certain studies relative to the Atlanta Regional Commission; and for other purposes.

4194

JOURNAL OF THE HOUSE,

WHEREAS, the public agency known as the "Atlanta Regional Com mission" was created pursuant to an Act creating Metropolitan Area Planning and Development Commissions in certain standard metropolitan statistical areas of this State, approved March 3, 1971 (Ga. Laws 1971, p. 17), as amended; and
WHEREAS, many members of the General Assembly have expressed an interest in reevaluating the functions, powers and duties of said Atlanta Regional Commission. -

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the State Planning and Community Affairs Committee is hereby directed to make a study relative to the functions, powers and duties of the Atlanta Regional Commission to include a reevaluation of the provisions of the law authorizing the creation of said Commission and to report to the General Assembly thereon, such report to include proposed legislation, if any, prior to the convening of the 1976 regular session of the General Assembly of Georgia.

HR 440. By Representatives Evans of the 99th, Lucas of the 99th, Randall of the 101st, Bowman of the 103rd and Pinkston of the 100th:
A RESOLUTION
Urging the Greater Macon Chamber of Commerce to coordinate busi ness and civic efforts to create proposed legislation to merge the govern ments of the City of Macon and Bibb County; and for other purposes.
WHEREAS, approximately 90% of the people of Bibb County reside in the City of Macon; and
WHEREAS, certain departments of the governments of the City of Macon and Bibb County have overlapping responsibilities and provide overlapping services; and
WHEREAS, some departments of the governments of the City of Macon and Bibb County have been consolidated and these consolidated departments perform their functions efficiently; and
WHEREAS, a great deal of money has been spent to develop legisla tion to merge the governments of the City of Macon and Bibb County; and
WHEREAS, it appears a merger of the governments of the City of Macon and Bibb County could result in better and more efficient services to the people who reside in this area; and
WHEREAS, some of the most outspoken critics of the 1972 proposed charter have stated their support of a merger of city and county govern ment; and
WHEREAS, the Greater Macon Chamber of Commerce, civic and

TUESDAY, MARCH 25, 1975

4195

business leaders and numerous business and civic associations have been leaders in the progress of the City of Macon and Bibb County.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body, and the Bibb County delegation in particular, urge that the Greater Macon Chamber of Commerce create a committee to coordinate the efforts of business and civic leaders and of various business and civic organizations in Macon and Bibb County to develop proposed legislation to merge the governments of the City of Macon and Bibb County and that such legislation be submitted to the Bibb County delegation to the General Assembly prior to the regular 1976 session of the General Assembly.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit appropriate copies of this Resolution to the Greater Macon Chamber of Commerce and to the governing authorities of the City of Macon and Bibb County.

HR 441. By Representatives Jordan of the 58tb, Russell of the 53rd, Hawkins of the 50th, Childs of the 51st and Vaughn of the 57th:
A RESOLUTION
Commending Mrs. Diane Aiken and Mrs. Jimmie Bryant; and for other purposes.
WHEREAS, Mrs. Diane Aiken and Mrs. Jimmie Bryant, secretaries to the DeKalb Delegation, have performed their duties and responsibilities with the highest degree of proficiency and competence; and
WHEREAS, their loyalty, enthusiasm and outstanding services have significantly lightened the burdens of this Body; and
WHEREAS, they have performed their duties with steadfast dedica tion and the highest degree of proficiency, ability and competency during the 1975 Session of the General Assembly of Georgia; and
WHEREAS, their cheerful and pleasant attitude toward the members of this Body has been greatly appreciated.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby extend to Mrs. Diane Aiken and Mrs. Jimmie Bryant their deepest and sincerest thanks for a job well done.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an ap propriate copy of this Resolution to Mrs. Diane Aiken and to Mrs. Jimmie Bryant.

4196

JOURNAL OF THE HOUSE,

HR 442. By Representatives Dean of the 29th, McKinney of the 35th, Glover of the 32nd and others:

A RESOLUTION

Relative to unemployment in Georgia; and for other purposes.

WHEREAS, the number of employable persons out of work has taken a phenomenal climb over the past few years and currently stands close to nine percent nationwide'; and

WHEREAS, in 1973, Georgia's unemployment rate was four percent but now has reached 11 percent, far above the national average, and in some counties it is as high as 25 percent; and

WHEREAS, considering the vast number of employable men and women out of work, but who are ineligible or have not applied for unem ployment compensation, a more realistic estimate of Georgia's unemployed may be as high as 15 percent; and

WHEREAS, the situation threatens to become even more critical as thousands of young graduates enter the labor market; and

WHEREAS, conditions of unemployment are generally experienced more frequently and more severely by residents of inner city neighbor hoods, where some sources estimate it to be as high as 30 percent in At lanta alone; and

WHEREAS, local and State governments have done very little to
initiate aid to their citizens faced with unemployment in the midst of a worsening economy; and

WHEREAS, this Body recognizes that funding of subsidized work programs is urgently needed. Programs might be developed similar to those found in the 1930's which enabled the construction of roads, hospitals, parks and dams. These facilities could now be built by unemployed persons, subsidized by the State of Georgia and local governments; and

WHEREAS, according to a University of Georgia study, over 250,000 persons in the Atlanta area are illiterate. A program might be developed utilizing subsidized workers that could provide remedial and GED instruc tion to Georgia residents. Such a program would allow persons to upgrade their education and skills, making them more employable. Unemployed persons with advanced degrees might serve as aides responsible to State legislators for research and other administrative duties. Such a program would assist overworked State legislators in performing their duties more capably.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body (1) recognizes the severe unem ployment problem in this State, (2) realizes that the federal government can no longer bear the burden alone, and (3) takes the responsibility of

TUESDAY, MARCH 25, 1975

4197

initiating programs to alleviate the crisis of unemployment and to provide all employable citizens of this State an opportunity to work.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Mr. William Allison, Office of Economic Oppor tunity Atlanta, Inc.

HR 443. By Representatives Karrh of the 106th and Clifton of the 107th:
A RESOLUTION
Congratulating the First Baptist Church of Swainsboro, Georgia; and for other purposes.
WHEREAS, the First Baptist Church of Swainsboro, Georgia, will be celebrating its 100th anniversary during 1975; and
WHEREAS, 100 years ago, January 1, 1875, a small band of Chris tians established the first church in Swainsboro; and
WHEREAS, on May 1, only a few months later, the name appeared in the records as "The Baptist Church of Christ at Swainsboro"; and
WHEREAS, the First Baptist Church has progressed from its orig inal small building and small band of members to an extensive modern facility with over 1,000 members; and
WHEREAS, this outstanding organization has a distinguished record of constructive service to the community and has greatly enhanced the spiritual life of Swainsboro; and
WHEREAS, the highly regarded pastor of this fine church is the Reverend C. Wray Ivey, the 27th pastor, who is also very active in com munity services; and
WHEREAS, it is only fitting and proper that this great church and the members thereof be commended on their outstanding achievements and services through the past 100 years.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby congratulate the First Baptist Church of Swainsboro, Georgia, on its 100th anniversary and does hereby commend the members of such church on their excellent service to the community and the State.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Reverend C. Wray Ivey, Pastor of the First Baptist Church.

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HE 444. By Representative Phillips of the 91st:

A RESOLUTION

Commending Miss Etta Lovett; and for other purposes.

WHEREAS, Miss Etta Lovett of Waverly Hall, Harris County, won first place in the Georgia State Science Fair in 1974 with a paper entitled "The Detection of Possible Free Amino Acid Abnormalities in the Blood Plasma of Leukemia Patients Using Gas Chromatography"; and

WHEREAS, she was a finalist at the International Science and Engineering Fair at Notre Dame in May, 1974, and was awarded the American Chemical Society Award; and

WHEREAS, she was the Biochemistry Winner of the National Junior Science and Humanities Symposium in Boston in May of 1974, and won a trip to the International Youth Science Fortnight in London, England, July 30 through August 15,1974; and

WHEREAS, this outstanding young lady is presently attending Emory at Oxford; and

WHEREAS, it is only fitting and proper that Miss Lovett be recog nized for her outstanding achievements.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Miss Etta Lovett of Waverly Hall on her outstanding achieve ments in the field of science and wishes her every success in the future.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Miss Etta Lovett.

HR 445. By Representative Smith of the 78th:
A RESOLUTION
Wishing Honorable Walter B. Smith, Jr., a happy birthday; and for other purposes.
WHEREAS, Honorable Walter B. Smith, Jr., will celebrate his 71st birthday on March 27,1975; and
WHEREAS, he is one of Barnesville's most beloved citizens, having served as an innovative mayor and as an active participant in many worthwhile community projects; and
WHEREAS, he served as an officer of Smiths', Incorporated from 1925 until his retirement in 1968; and

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4199

WHEREAS, his 71st birthday finds him in ill health and it is the desire of the members of this body to wish him both a happy birthday and a speedy recovery.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that the members of this body hereby extend their best wishes for a happy birthday to Honorable Walter B. Smith, Jr., and their wishes for a speedy and complete recovery.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby directed to transmit an appropriate copy of this resolution to Honorable Walter B. Smith, Jr.

HR 446. By Representatives Russell of the 53rd, Snow of the 1st, Parkman of the 66th and others:
A RESOLUTION
Commending the State Board of Pardons and Paroles,; and for other purposes.
WHEREAS, the increase in recent years in crime and the State prison population has made the responsibility of administering executive clemency in Georgia even more awesome and critical; and
WHEREAS, the total workload of the State Board of Pardons and Paroles has increased to the extent that 4702 parole cases were con sidered in Fiscal Year 1974; and
WHEREAS, the Board recognized, by granting parole in only a minority of the cases which come before it, that parole should be ex tended only to those persons expected to succeed on parole; and
WHEREAS, approximately ninety-one percent of Georgia parolees complete their paroles successfully, which is considerably better than the national average; and
WHEREAS, Georgia law allows the Board to consider for parole a person serving a life sentence after service of seven years, the Board recognizes that some lifers may never deserve parole and the Board's records show that those lifers who have finally earned parole have served an average of approximately thirteen years before being paroled; and
WHEREAS, the Board continues to give first priority to the protec tion of society; and
WHEREAS, the Board has taken action to expand its knowledge of parole-eligible inmates, modernized its decision-making procedures and created programs to promote rehabilitation; and

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WHEREAS, the General Assembly and the citizens of Georgia in tended in 1943 to create a Board manifesting integrity, contributing justice and equity and maintaining its independence from purveyors of influence, and this intent is fulfilled in the present Board; and
WHEREAS, the Board has been blamed erroneously for the in crease in crime but has actually taken a professional and tough approach toward crime and criminals.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend the State Board of Pardons and Paroles in its efforts to improve its operations and its role in improving the criminal justice system of this State.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this resolution to each member of the State Board of Pardons and Paroles.

HR 447. By Representatives Murphy of the 18th, Greer of the 43rd, Vaughn of the 57th and others:
A RESOLUTION
Commending the personnel of the House Intern Program; and for other purposes.
WHEREAS, members of the General Assembly have been greatly helped by the service of the House Interns to their assigned committee; and
WHEREAS, members of the General Assembly, because of the help of the House Interns, have had more time to listen to the needs of the people; and
WHEREAS, the loyalty, enthusiasm and outstanding services of the House Interns have significantly lightened the burdens of this Body; and
WHEREAS, the House Interns have performed their duties with steadfast dedication and the highest degree of proficiency, ability and competency during the 1975 Session of the General Assembly of Georgia; and
WHEREAS, the unceasing efforts of the House Interns have been greatly appreciated by the members of this Body.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby express sincerest appreciation to Alan Adams, Tom Alien, Derek Alphran, Rick Brown, Bob Franklin, Gladys Hammonds, Dick Herman, Duane Jones, Steve Kelehear, Jonathan Kurtz, Brooke Lamson, Jocelyn Moore, Charles

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4201

Morris, Sheila Ogletree, Nona Leslie Olson, Bob Terry, Brenda Thurman, Charles Warren and Ron Wiley.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to each person hereinabove named.

HR 448. By Representatives Karrh of the 106th, Snow of the 1st, Irvin of the 23rd and others:
A RESOLUTION
Urging the Georgia Congressional Delegation to introduce a bill to increase the estate tax exemption and reduce the rate on estate taxes; and for other purposes.
WHEREAS, the estate tax laws were passed by Congress over 40 years ago; and
WHEREAS, the original intent of the estate tax laws was not to raise revenue but to prevent the accumulation of enormous wealth by a small segment of the population; and
WHEREAS, the ravages of inflation have eroded and continue to erode the buying power of the dollar; and
WHEREAS, the estate tax laws are now penalizing a large per centage of American citizens and taxpayers; and
WHEREAS, it is imperative that the estate tax exemption be in creased and that the estate tax rate be reduced to adjust the estate tax laws to inflation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby urge the Georgia Congressional Delegation to introduce a bill to increase the estate tax exemption from $60,000 to $180,000 and to reduce the estate tax by at least one-third of the present rates.
BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and directed to transmit an appropriate copy of this Resolution to each member of the Georgia Congressional Delegation.

HR 449. By Representatives Gammage of the 17th, Matthews of the 145th, Foster of the 6th and others:
A RESOLUTION
Urging the appropriation of additional funds for the Farmers Home Administration; and for other purposes.

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WHEREAS, numerous Georgia farm families rely on the Farmers Home Administration as a source for borrowed capital for use in the production of crops and livestock; and

WHEREAS, the production of an adequate supply of food is a matter of critical importance to the citizens of the United States and the world; and

WHEREAS, current economic conditions and sharply rising costs of production have produced a shortage of adequate financing for farm loans; and

WHEREAS, the Farmers Home Administration faces a serious shortage of funds available for farm loans.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby urge the United States Congress to take immediate action to provide additional funds to the Farmers Home Administration for the purpose of farm loans to increase the production of crops and livestock.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby directed to transmit appropriate copies of this resolution to each member of the United States Senate and House of Representatives from the State of Georgia.

HR 450. By Representatives Reaves of the 147th, Long of the 142nd, Patten of the 146th and others:
A RESOLUTION
Relative to rules and regulations for individual water supply sys tems; and for other other purposes.
WHEREAS, the Georgia Department of Human Resources is con sidering the adoption of rules and regulations relative to individual water supply systems; and
WHEREAS, the proposed rules and regulations will provide for ap proval of construction of individual water supply system, quality of the water obtained from individual water supply systems and location and capacity of the same; and
WHEREAS, the rules further provide for the protection of springs, sealing of abandoned wells, construction of pump installations, disinfec tion of individual water supply and the inspection and enforcement of the said proposed rules and regulations; and
WHEREAS, HB 230 and HB 422 relate to individual water supply systems and cover the same areas as the proposed rules and regulations; and

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4203

WHEREAS, further study is needed on the proposed legislation by the appropriate committees of the General Assembly before any action is taken to establish controls over individual water supply systems.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby request the Georgia Department of Human Resources to postpone the passage of any rules and regulations relating to individual water supply systems until July 1, 1976, in order to give the General Assembly time to study HB 230 and HB 422 and to determine if legislation is necessary in this area.

BE IT FURTHER RESOLVED that the Clerk of the Houee of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the Commissioner, Georgia Depart ment of Human Resources.

HR 451. By Representatives Phillips of the 120th and Gignilliat of the 122nd:
A RESOLUTION
Creating the Health Education Study Committee; and for other purposes.
WHEREAS, the State of Georgia currently operates three out standing educational institutions for the education of physicians, dentists and veterinarians; and
WHEREAS, many students who are otherwise well qualified can not gain admittance to the Medical College of Georgia, the Dental Col lege of Georgia and the School of Veterinary Medicine of the University of Georgia because of the limited number of students which each of the three institutions can accept; and
WHEREAS, while it is recognized that the operation of these three institutions costs the taxpayers of Georgia millions of dollars per year, it is also recognized that quality health care and the extreme shortage of trained physicians, dentists and veterinarians, especially in the rural areas of our State, is of primary importance to the citizens of Georgia; and
WHEREAS, it is the desire of the members of this Body to seek ways and means for improving the health of our citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Health Educa tion Study Committee to be composed of the Chairman of the House Ap propriations Committee, the Chairman of the House University System of Georgia Committee, the Chairman of the House Agriculture Com mittee, the Chairman of the House Health and Ecology Committee and six other members of the House who have shown an interest in the development and improvement of the Medical College of Georgia, the

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Dental College of Georgia and the School of Veterinary Medicine of
the University of Georgia, to be appointed by the Speaker of the House. The Committee shall make a comprehensive study of the operations of the Medical College of Georgia, the Dental College of Georgia and the School of Veterinary Medicine of the University of Georgia, and shall seek ways and means to improved and develop the health care offered to the citizens of Georgia. The Committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to fully and effectively exercise its powers, perform its duties and accomplish the objectives and purposes of this resolution. The mem bers of the Committee shall receive the expenses and allowances autho rized for legislative members of interim legislative committees, but for no longer than 10 days unless an extension is granted to the Speaker of the House. The funds necessary to carry out the provisions of this resolu tion shall come from the funds appropriated to or available to the Leg islative Branch of State Government. The Committee shall make a report of its findings and recommendations to the 1976 regular session of the General Assembly of Georgia. The Committee shall stand abolished on the day the General Assembly convenes in regular session in 1976.

HR 452. By Representatives Glover of the 32nd, McKinney of the 35th, Alexander of the 38th and others:
A RESOLUTION
Commending Honorable Robert A. Holmes; and for other purposes.
WHEREAS, Honorable Robert A. Holmes, the distinguished repre sentative from the 39th District has been selected as one of Atlanta's Men of the Year; and
WHEREAS, he has served with distinction and outstanding ability as a member of this body; and
WHEREAS, he has an outstanding academic background, presently serving as an Associate Professor at Atlanta University, having received a B.S. degree from Shepherd College and M.A. and Ph.D degrees from Columbia University; and
WHEREAS, he is a recognized authority in Urban Politics, Par Eastern Politics and Urban Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Honorable Robert A. Holmes on being chosen as one of At lanta's Men of the Year.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this resolution to Honorable Robert A. Holmes.

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4205

HR 453. By Representatives Bolster of the 30th, Adams of the 36th, Scott of the 37th and others:
A RESOLUTION
Relative to the southside of the Atlanta Metropolitan Area; and for other purposes.
WHEREAS, the southside of the Atlanta Metropolitan Area has not experienced the same rate of economic growth as other sections of the region; and

WHEREAS, there is a considerable quantity of land in this area that is well suited for residential, commercial and industrial develop ment ; and
WHEREAS, a balanced economic growth would be beneficial to the entire region; and
WHEREAS, the southside of the Atlanta region is in need of co ordinated economic development, and the Atlanta Chamber of Com merce; Honorable Maynard Jackson, Mayor of Atlanta and Honorable George Busbee, Governor of Georgia, have acknowledged this need.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body urges Honorable George Busbee, Governor of the State of Georgia, and Honorable Maynard Jackson, Mayor of the City of Atlanta, to create a task force for the purpose of stimulating economic development in the southside of the Atlanta Metro politan Area.
BE IT FURTHER RESOLVED, that this task force should have representatives from residents, organizations, the business community, the appropriate administrative departments of the State, city and county governments, and from the legislative branches of these governments.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Honorable George Busbee, Governor of the State of Georgia and Honorable Maynard Jackson, Mayor of the City of Atlanta.

HR 454. By Representative Murphy of the 18th:
A RESOLUTION
Congratulating the Haralson County Rebelettes Basketball Team; and for other purposes.
WHEREAS, the Haralson County Rebelettes Basketball Team won

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the 197& girls' Class A Basketball State Championship on March 8, 1975, by defeating Jeff Davis in the finals 43 to 41; and

WHEREAS, the Rebelettes demonstrated a remarkable degree of dedication throughout the entire basketball season and did not succumb to the pressure of tournament play; and

WHEREAS, Clema Billingsley was selected as most valuable player and was selected to the All State team along with Sheree Price, Kay Westmoreland and Cindy Dodson; and

WHEREAS, additional outstanding players on the team were Connie Smith, who exhibited a remarkable degree of courage by con tinuing to play in extreme pain after suffering a knee injury, Dawn Dingier and Pam Summerville; and

WHEREAS, this remarkable team is coached by an equally re markable person, Jane Williamson, and she and all the members of the team have exhibited a great degree of dedication and courage throughout the entire season.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body hereby con gratulate and commend the members and the coach of the Haralson County Rebelettes Basketball Team for their impressive record, for their sportsmanship and for their achievement in winning the 1975 girls' Class A Basketball State Championship.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit appropriate copies of this resolution to each member of the team, to the coach and to the principal of Haralson County High School.

The following Resolution of the Senate was read:

SR 38. By Senators Hudgins of the 15th and Pearce of the 16th:
A RESOLUTION
Urging the State Department of Transportation to continue design and actual work studies on the West Georgia Tollway; and for other purposes.
WHEREAS, design and actual work studies on the West Georgia Tollway were suspended toward the end of 1974 as a result of some gov ernmental officials losing interest in the project due to poor economic conditions; and
WHEREAS, the feasibility of the West Georgia Tollway has been approved by many state and federal transportation officials; and

TUESDAY, MARCH 25, 1975

4207

WHEREAS, the West Georgia Tollway, when completed, will al leviate the congestion on Interstate 75; and

WHEREAS, the completion of the West Georgia Tollway will stim ulate the growth and economy of the counties in West Georgia from Tennessee to Florida; and

WHEREAS, it is imperative that the present work schedule on the West Georgia Tollway be continued and accelerated- if possible.

NOW THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body do hereby urge the State Department of Transportation to continue design and actual work studies on the West Georgia Tollway so if funds for the project become available in the near future construction of the tollway could begin immediately.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to forward an appropriate copy of this Resolution to the Commissioner of the State Department of Transporta tion and to each member of the State Board of Transportation.

The following Committee substitute was read and adopted:
A RESOLUTION
Urging the State Department of Transportation with guidance from the State Tollway Authority, to continue to keep current and in a state of readiness, all work studies recently completed on the West Georgia Tollway, which has been negatively impacted by economic and energy problems facing the nation; and for other purposes.
WHEREAS, preliminary design and other work studies on the West Georgia Tollway were suspended toward the end of 1974 as a result of some governmental officials losing interest in the project due to poor economic conditions; and projected energy impacts; and
WHEREAS, the general feasibility of the West Georgia Tollway has been accepted by many State and Federal transportation officials; and
WHEREAS, the West Georgia Tollway, when completed, will serve many important functions to the people of Georgia including the alle viation of congestion on Interstate 75 and other north-south routes; and
WHEREAS, the completion of the West Georgia Tollway will stim ulate the growth and economy of the counties in West Georgia from Tennessee to Florida; and
WHEREAS, work schedules and time frames for completion of the

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remaining development cycle have been estimated with the idea that as economic conditions improve, that immediate reactivation would be of prime importance from a cost standpoint.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body do hereby urge the State Department of Transportation do everything technically appropriate, as regards the West Georgia Tollway, to keep the project readied and in a position to be advanced expeditiously, as conditions improve and as funds for the project become available in the near future.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to forward an appropriate copy of this Resolution to the Commissioner of the State Department of Trans portation and to each member of the State Board of Transportation and the State Tollway Authority.

The Resolution, by substitute, 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 896. By Representatives Murphy of the 18th, Colwell of the 4th Lee of the 72nd and others:
A Bill to revise, classify, consolidate and supersede the present State Properties Code and to establish a new codification of laws relating thereto, which codification shall be contained in Code of Georgia Chapter 91-1 A, to be known and cited as the State Properties Code of Georgia; and for other purposes.

The following report of the Committee of Conference was read:
Conference Committee Report on HB 896
The Conference Committee on HB 896 recommends that both the Senate and the House of Representatives recede from their positions and that the Senate Floor Substitute to HB 896 be adopted with the following amendments:
By striking from line 13, page 7, the word "two",
and inserting in lieu thereof the word "three",
and by striking from line 16, page 7, the word "two",

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4209

and inserting in lieu thereof the word

"three",

and by striking from lines 17, 18 and 19, on page 7, the following:

"; and two citizens appointed by the Governor for terms ending on April 1st in each odd numbered year".

FOR THE SENATE:
/s/ Terrell A. Starr Senator of the 44th
/s/ Frank Eldridge, Jr. Senator of the 7th
/s/ M. Parks Brown Senator of the 47th

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES
/s/ Carlton Colwell Representative of the 4th
/s/ Herbert Jones Representative of the 126th
/s/ Ralph Twiggs Representative of the 4th

A BILL

To be entitled an Act to amend Code Chapter 91-1A of the Code of Georgia, known as the "State Properties Control Code", approved February 21, 1964 (Ga. Laws 1964, p. 146), as amended by an Act ap proved March 24, 1965 (Ga. Laws 1965, p. 249), and by an Act approved April 15, 1965 (Ga. Laws 1965, p. 663), and by an Act Approved March 20, 1970 (Ga. Laws 1970, p. 455), and by an Act approved March 24, 1970 (Ga. Laws 1970, p. 713), and by an Act approved April 7, 1971 (Ga. Laws 1971, p. 578), and by an Act approved March 27, 1972; (Ga. Laws 1972, p. 429), so as to change the name of the Code codified as Code Chapter 91-1A of the Code of Georgia; to provide for a short title; to provide for definitions of certain words and terms used in this Act and Code Chapter; to provide for section identification references; to create the State Properties Commission; to provide for the number of mem bers, the membership, and the officers of the Commission; to provide for a quorum, voting, meetings, a seal, and bylaws of, by, and for the Commission; to provide powers and duties of the Commission; to provide for public competitive bidding concerning leases and sales of certain State property; to provide for the acceptance or rejection of certain bids and bidders by the General Assembly and/or the Governor; to provide for execution of leases and sales of certain State property; to provide an interesee termini limitation; to authorize the Commission to negotiate, prepare and enter into its own name Rental Agreements and Revocable License Agreements; to provide for exploration of State-owned lands for indication of mineral resources; to authorize the preparation and granting through public competitive bidding of Mineral Leases on Stateowned land; to vest in the Commission the power of eminent domain; to provide for the Commission acquiring real property for State agencies; to provide an exception to certain named State agencies of acquiring real property through the Commission; to provide that State agencies render technical assistance and services to the Commission; to provide

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that the railroad operation by the lessee of the Western and Atlantic Railroad be subject to the regulation of the Georgia Public Service Com mission ; to authorize the Commission to employ such personnel as may be necessary to discharge its duties; to authorize the Commission to promulgate a merit system of employment; to authorize Commission employees to be members of the Employees' Retirement System of Geor gia; to require the Commission to keep records and to make the same subject to public inspection; to authorize the Commission to adopt rules and regulations and to provide that any person violating the same shall be quilty of a misdemeanor; to provide that the Commission is not sub ject to the provisions of the Georgia Administrative Procedure Act; to provide for a liberal construction of this Code Chapter; to provide for the repeal of certain specific Acts and Code Chapter; to provide that this Act and Code Chapter shall not revive any Act or part thereof here tofore repealed or superseded; to repeal conflicting laws; to provide an effective date; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. Code Chapter 91-1A of the Code of Georgia, known as the "State Properties Control Code", approved February 21, 1964 (Ga. Laws 1964. p. 146), as amended by an Act approved March 24, 1965 (Ga. Laws 1965. p. 249), and by an Act approved April 15, 1965 (Ga. Laws 1965, p. 663), and by an Act approved March 20, 1970 (Ga. Laws 1970, p. 455), and by an Act approved March 24, 1970 (Ga. Laws 1970, p. 713), and by an Act approved April 7, 1971 (Ga. Laws 1971, p. 578), and by an Act approved March 27, 1972 (Ga. Laws 19'72, p. 42), is hereby further amended by striking said Code Chapter 91-1A in its entirety and by substituting in lieu thereof a new Code Chapter 91-1A of the Code of Georgia, to be inserted between Chapter 91-1 and Chapter 91-2 of the Code of Georgia, which shall read as follows:

"CODE CHAPTER 91-1A
STATE PROPERTIES CODE
Section 91-101a. Short title of Code Chapter. This Act and Code Chapter shall be known, and may be cited, as the "State Prop erties Code'.
Section 91-102a. Definitions. When the following words and terms appear in this Code Chapter, they shall have the meaning, usage and inclusion hereafter respectively ascribed to them, unless a different meaning, usage or an exclusion is clearly apparent from the context:
(a) The word 'Commission' shall mean the State Properties Commission created by Section 91-104a of this Code Chapter. The Commission: (1) was formerly known as the State Properties Con trol Commission; and (2) is the successor in law to the State Pro perties Control Commission, State Properties Acquisition Commis sion and the Mineral Leasing Commission;

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4211

(b) The word 'State' shall mean the State of Georgia;

(c) The words 'State Agency' or 'State Agencies' shall mean any department, division, bureau, board, commission (including the State Properties Commission created by Section &l-104a of this Code Chapter) or agency within the executive branch of State govern ment;

(d) The word 'Lease' shall mean a written instrument under the terms and conditions of which one party (Lessor) out of its own estate grants and conveys to another party or parties [Lessee(s)] an estate for years retaining a reversion in itself after such grant and conveyance;

(e) The term 'Rental Agreement' shall mean a written instru ment the terms and conditions of which create the relationship of landlord and tenant. Under such relationship no estate passes out of the landlord and the tenant has only usufruct;

(f) The term 'revocable license' shall mean the granting, sub ject to certain terms and conditions contained in a written Revo cable License Agreement, to a named person or persons [Li censee (s)], and to that person or persons only, of a revocable per sonal privilege to use a certain described parcel or tract of the property (to be known as the licensed premises) for a named pur pose. Regardless of any and all improvements and investments made, consideration paid, or expenses and harm incurred or encountered by the Licensee, a revocable license shall not confer upon the Licensee any right, title, interest or estate in the licensed premises, nor shall a revocable license confer upon the Licensee a license coupled with an interest or an easement. A revocable license may be revoked, cancelled or terminated, with or without cause, at any time by the Licensor (Commission) ;

(g) The term 'Revocable. License Agreement' shall mean a written instrument which embodies a revocable license and which sets forth the names of the parties thereto and the terms and condi tions upon which the revocable license is granted;
(h) The words 'acquire', 'acquisition',' and 'acquiring' shall mean the obtaining of real property by any method including, but not limited to, gift, purchase, condemnation, devise, court order, and exchange;

(i) The word 'Person' shall mean any: individual; general or limited partnership; joint venture; firm; private, public or. public service corporation; association; authority; fiduciary; governmental body, instrumentality or other organization of the State; county of the State; municipal corporation of the State; political subdivision of the State; governmental subdivision of the State; and any other legal entity doing business in the State;

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(j) The word 'deed' shall mean either a fee simple deed without warranty or a quitclaim deed;
(k) The words 'power', 'empower(ed)', 'authority' and 'au thorized' are a synonym each to the other and when either is used it shall be deemed to include the other the same as if the other had been fully expressed. When the Commission has the power or is em powered, it has the authority and is authorized. The words 'autho rized' and 'may' shall imply discretion and not requirement;
(1) The words 'mineral resources' shall include, but not be limited to, sand, sulphur, phosphate, oil and gas;
(m) The word 'Property' shall mean: (1) the Western and Atlantic Railroad including all the property associated with the Railroad as of December 26, 196>9, unless the same has otherwise been provided for by Act or Resolution of the General Assembly; (2) all the property owned by the State in Tennessee other than that property included in (1) immediately preceding; (3) the Stateowned property facing Peachtree, Cain, and Spring Streets in the City of Atlanta, Fulton County, Georgia, upon which the Governor's Mansion once stood and which is now commonly referred to and known as the 'Henry Grady Hotel Property' or 'Old Governor's Mansion Site Property'; (4) any State-owned real property the custody and control of which has been transferred to the Commis sion by Executive Order of the Governor; and (5) any State-owned real property the custody and control of which has been transferred to the Commission by an Act or Resolution of the General Assembly without specific instructions as to its disposition; and
(n) When the words 'terms and conditions' are used, they shall be deemed to include the following words: stipulations, provisions, agreements and covenants.
Section 91-103a. Section identification references. The captions appearing immediately preceding the text of each of the sections of this Code Chapter are for the purpose of convenience only and shall be completely disregarded in construing this Code Chapter and the sections thereof.
Section 91-104a. Commission; creation; number of members; members; officers; quorum; voting; meetings; minutes; seal; bylaws.

(a) There is hereby created within the executive branch of State government a public body which shall be known as the "State Properties Commission" and which shall consist of eleven members and be composed of: the Governor; the Secretary of State; the Di rector, Fiscal Division, Department of Administrative Services; the State Auditor; the Attorney General; two citizens appointed by the Speaker of the House of Representatives for terms ending on April 1st in each odd numbered year; two citizens appointed by the Lieutenant Governor for terms ending on April 1st in each odd numbered year; and two citizens appointed by the Governor for

TUESDAY, MARCH 25, 1975

4213

terms ending on April 1st in each odd numbered year. The term of office of the appointed members of the Commission is continued until their successors are duly appointed and qualified. The Lieuten ant Governor may serve as an appointed citizen member.

(b) The Governor shall be the chairman of the Commission, the State Auditor shall be its vice-chairman, and the Secretary of State shall be its secretary. Five members of the Commission shall constitute a quorum. No vacancy on the Commission shall impair the right of the quorum to exercise the powers and perform the duties of the Commission. With the sole exception of acquisitions of real property which acquisitions shall require seven affirmative votes of the membership of the Commission present and voting at any meeting, the business, powers and duties of the Commission may be transacted, exercised and performed by a majority vote of the Commission members present and voting at a meeting when more than a quorum is present and voting or by a majority vote of a quorum when only a quorum is present and voting at a meeting. An abstention in voting shall be considered as that member not being present and not voting on the matter on which the vote is taken. No person may be appointed, elected or serve on the Com mission who is a member of the legislative or judicial branch of government. In the event any ex officio member is determined to be in either the legislative or judicial branch of government, the General Assembly hereby declares that it would have passed this Act without such ex officio position on the Commission and would have reduced the quorum and vote required of the Commission on all actions accordingly.
(c) Meetings shall be held on the call of the chairman, vicechairman or two Commission members whenever necessary to the performance of the duties of the Commission. Minutes or transcripts shall be kept of all meetings of the Commission and in the minutes or transcripts there shall be kept a record of the vote of each Com mission member on all questions, acquisitions, transactions and all other matters coming before the Commission. The secretary shall give or cause to be given, to each Commission member not less than three days prior written notice of the date, time and place of each meeting of the Commission.
(d) The Commission shall adopt a seal for its use, and may adopt bylaws for its internal government and procedures.
(e) Members of the Commission shall receive only their travel ing and other actual expenses incurred in the performance of their official duties as Commission members.
Section 91-105a. Powers and duties of the Commission. The Commission, in addition to other powers and duties set forth in other sections of this Code Chapter, shall have the power and duty to:

(a) inspect, control, manage, oversee and preserve the Property;

(b) maintain at all times a current inventory of the Property.

4214

JOURNAL OF THE HOUSE,

(c) authorize the payment of any tax or assessment legally levied by the State of Tennessee, or any governmental subdivision thereof, upon any part of the Property situated within the State of Tennessee;

(d) prepare lease or sale proposals affecting the Property for submission to the General Assembly;

(e) subject to the limitations contained in this Code Chapter, determine all of the terms and conditions of each instrument pre pared and/or executed by it;

(f) have prepared, in advance of advertising for bids as pro vided for in Section 91-106a of this Code Chapter, a thorough report of such data as will enable the Commission to arrive at a fair valua tion of the property involved in such advertisement; and to include within such report at least two written appraisals of the value of such property which appraisals shall be made by a Person or Per sons familiar with property values in the area where such property is situated; provided, however, that one of the appraisals shall be made by a member of a nationally recognized appraisal organization and provided further, that in the case of the Western and Atlantic Railroad, the appraisal (other than the one required to be made by a member of a nationally recognized appraisal organization) may be the latest valuation report of the Western and Atlantic Railroad prepared by the Interstate Commerce Commission;

(g) contracts with any Person for the preparation of studies or reports as to: (1) the value of such Property including, but not limited to, sale value, lease value and insurance value; (2) the proper utilization to be made of such Property; and (3) any other data necessary or desirable to assist the Commission in the execu tion and performance of its duties;

(h) insure the improvements on all or any part of the Property against loss or damage by fire, lightning, tornado or other insurable casualty; and insure the contents of such improvements against any such loss or damage;

(i) inspect as necessary any of the Property which may be under a Lease, Rental Agreement or Revocable License Agreement in order to determine whether the Property is being kept, preserved, cared for, repaired, maintained, used and operated in accordance with the terms and conditions of the Lease, Rental Agreement or Revocable License Agreement, and to take such action necessary to correct any violation of the terms and conditions of such Lease, Rental Agreement or Revocable License Agreement;

(j) deal with and dispose of any unauthorized encroachment upon, or use or occupancy of, any part of the Property, whether such encroachment, use or occupancy be permissive or adverse, or whether with or without claim of right therefore; to determine whether such encroachment, use or occupancy shall be removed or

TUESDAY, MARCH 25, 1975

4215

discontinued, or whether it shall be permitted to continue, and, if so, to what extent and upon what terms and conditions; to adjust, settle and finally dispose of any controversy that may exist or arise with respect to any such encroachment, use or occupancy in such manner and upon such terms and conditions as the Commission may deem to be in the best interest of the State; to take such action as the Commission may deem proper and expedient to cause the re moval or discontinuance of any such encroachment, use or occu pancy; and to institute and prosecute for and on behalf of and in the name of the State such suits and other legal proceedings as the Commission may deem appropriate for the protection of the State's interest in or the assertion of the State's title to such Property;

(k) settle, adjust and finally dispose of any claim, dispute or controversy of any kind whatsoever arising out of the terms and conditions, operation or expiration of any Lease of the Property or grant of rights in the Property;

(1) negotiate and prepare for submission to the General As sembly amendments to any existing Lease;

(m) exercise such other powers and perform such other duties as may be necessary or desirable to inspect, control, manage, over see and preserve the Property; and

(n) do all things, and perform all acts, necessary or convenient to carry out the powers and fulfill the duties given to the Commis sion in this Code Chapter.

Section 91-106a. Public competitive bidding procedure concern ing leases and sales; acceptance or rejection of bids and bidders by the General Assembly and/or the Governor; execution of the leases and sales.
(a) Any proposal to lease (other than a Lease of mineral resources provided for in Section 91-110a of this Code Chapter) or sell any part of the Property pursuant to the power granted by sub section (d) of Section 91-105a of this Code Chapter shall be initiated and carried out in accordance with the provisions of this Section 91-106a of this Code Chapter.

(b) Any such lease or sale shall be made upon public competi tive bidding and the invitation for bids shall be advertised once a week for four consecutive weeks in (1) the legal organ and in one or more newspapers of general circulation in the county or counties wherein is situated the Property to be bid upon and (2) the legal organ of Fulton County, Georgia. Prior to such advertising, the Commission shall prepare a proposed form of Lease or contract of sale and deed, and appropriate instructions which shall be furnished to prospective bidders under such conditions as the Commission may prescribe.

(c) Sealed bids shall be submitted to the Secretary of the

4216

JOURNAL OF THE HOUSE,

Commission and each bid shall be accompanied by a bid bond or
such other security as may be prescribed by the Commission. All bids shall be opened in public on the date and at the time and place specified in the invitation for bids. The Commission shall formally determine and announce which bid and bidder it considers to be most advantageous to the State. The Commission shall have the right to reject any or all bids and bidders and the right to waive formalities in bidding.

(d) When the Commission formally determines and announces which bid and bidder it considers to be most advantageous to the State, the Commission shall then prepare the instrument of Lease or contract of sale and deed, in at least four counterparts, which Lease or contract of sale shall be immediately signed by the prospective lessee or purchaser whose signature shall be witnessed in the manner required by the applicable law for public recording of conveyances of real estate. Such signing shall constitute a bid by the prospective lessee or purchaser and shall not be subject to revocation by the prospective lessee or purchaser unless it is rejected by the General Assembly or the Governor as hereinafter provided. A Resolution containing an exact copy of the proposed lease or contract of sale and deed, or to which an exact copy of the proposed lease or contract of sale and deed is attached, shall be introduced in the General As sembly in either the House of Representatives, the Senate, or both, if then in regular session, or if not in regular session at such time, at the next regular session of the General Assembly. Such Resolu tion, in order to become effective, shall receive the same number of readings and, in both the House of Representatives and the Senate, go through the same processes and procedures as a bill.

(e) If either the House of Representatives or the Senate shall fail to adopt (pass) the aforesaid Resolution during such regular session by a Constitutional majority vote in each House, then the bid shall be considered rejected by the General Assembly.

(f) If the aforesaid Resolution is adopted (passed) during such regular session by a Constitutional majority vote of both the House of Representatives and the Senate but is not approved by the Governor, then the bid shall be considered rejected by the Governor.

(g) If the aforesaid Resolution is adopted (passed) during such regular session by a Constitutional majority vote of both the House of Representatives and the Senate and is approved by the Governor, the Chairman of the Commission, in his capacity as Gover nor of the State, shall execute and deliver to the purchaser the contract of sale for and on behalf of and in the name of the State, and thereupon both parties thereto shall be bound thereby. The Governor's signature shall be attested by the Secretary of the Com mission in his capacity as Secretary of State. The Secretary of State shall also affix the great seal of the State to the contract of sale. Whenever in the judgment of the Chairman of the -Commission all of the terms and conditions of the contract of sale, or all of the precedent terms and conditions of the contract of sale, or all of the precedent terms and conditions of the Lease, have been fulfilled

TUESDAY, MARCH 25, 1975

4217

and/or complied with, the Chairman of the Commission, in his capacity as Governor of the State, shall execute and deliver to the purchaser or lessee the deed or Lease for and on behalf of and in the name of the State. The Governor's signature shall be attested by the Secretary of the Commission in his capacity as Secretary of State. The Secretary of State shall also affix the great seal of the State to the deed or Lease.

Section 91-107a. Interesse termini limited. The Commission shall not submit to the General Assembly for its consideration any Lease the provisions of which provide that either: (a) the lessee would not obtain possession of the leased premises within a period of five years from the commencement date of the regular session of the General Assembly to which the Lease is submitted for consid eration; or (b) the term of the Lease will not commence within a period of five years from the commencement date of the regular session of the General Assembly to which the Lease is submitted for consideration.

Section 91-108a. Rental Agreements. Notwithstanding any pro visions and requirements of law to the contrary, and particularly notwithstanding the provisions and requirements of Section 91-106a of this Code Chapter, the Commission is hereby authorized to negoti ate, prepare and enter into in its own name Rental Agreements whereby a part of the Property is rented, without public competitive bidding, to a Person for a length of time not to exceed one year and for adequate monetary consideration (in no instance to be less than a rate of two hundred fifty dollars per year), which shall be deter mined by the Commission, and pursuant to such terms and conditions as the Commission shall determine to be in the best interest of the State. The same Property, or any part thereof, shall not be the sub ject matter of more than one such Rental Agreement to the same Person unless the Commission shall determine that there are ex tenuating circumstances present which would make additional one year Rental Agreements beneficial to the State; provided, however, the same Property, or any part thereof, shall not, after the effective date of this Act and Code Chapter, be the subject matter of more than a total of three such one year Rental Agreements to the same Person.

Section 91-109a. Revocable license agreements, (a) Notwith standing any provisions and requirements of law to the contrary, and particularly notwithstanding the provisions and requirements of Section 91-106a of this Code Chapter, the Commission is hereby authorized to negotiate, prepare and grant in its own name, without
public competitive bidding, a revocable license to any Person to cross
through, over or under, or to otherwise encroach upon, any of the
Property under the custody and control of the Commission.

(b) Any grant of revocable license by the Commission to any Person shall be in writing and shall contain such terms and condi tions as the Commission shall determine to be in the best interest of the State, provided that:

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JOURNAL OF THE HOUSE,

(1) each grant of revocable license if not revoked prior to, shall stand revoked, canceled and terminated as of the twenty-fifth an niversary of the date of the Revocable License Agreement;

(2) each grant of revocable license shall provide that regardless of any and all improvements and investments made, consideration paid, or expenses and harm incurred or encountered by the Licensee, the same shall not confer upon the Licensee any right, title, interest or estate in the licensed premises, nor confer upon the Licensee a license coupled with an interest or an easement; such grant of a revocable license conferring upon the Licensee, and only the Licensee, a mere personal privilege revocable by the Commission, with or without cause, at any time during the life of the revocable license;

(3) each grant of revocable license shall be made for an ade quate monetary consideration (in no instance to be less than two hundred fifty dollars), which shall be determined by the Commis sion; and

(4) any grant of revocable license shall be subject to approval by any appropriate State regulatory agency that the proposed use of the licensed Property meets all applicable safety and regulatory standards and requirements.

(c) The provisions of this Code Chapter Section 91-109a shall not be construed, or interpreted, as amending, conflicting with, or supserseding any or all of the provisions of Code of Georgia Section 104-205, relating to the construction of telegraph or telephone lines.

Section &l-110a. Authority of Commission to: enter into a written contract with any Person whereby such Person is permitted to explore State-owned lands for indications of mineral resources; prepare and grant through public competitive bidding Mineral Leases on State-owned land.

(a) The Commission for and on behalf of and in the name of the State is authorized to enter into, without the necessity of prior public competitive bidding, a written contract with any Person, whereby such Person is permitted to explore any State-owned lands for indica tions of mineral resources.

(b) The Commission for and on behalf of and in the name of the State is further authorized to lease to any Person the mineral resources located on State-owned lands and to execute, grant and convey to such Person, a Lease upon such terms and conditions and permitting such operation as the Commission shall determine to be in the best interest of the State including, but not limited to:

(1) the exclusive right to drill, dredge, and mine on the leased premises for mineral resources and to produce and appropriate any and all of the same therefrom;

TUESDAY, MARCH 25, 1975

4219

(2) the right to use, free of charge, mineral resources and water from the leased premises in conducting operations thereon and in treating to make marketable the products therefrom;

(3) the right to construct and use of said leased premises tele phone and telegraph facilities, pipelines and other facilities necessary for the transportation and storage of mineral resources produced therefrom;
(4) the right to construct and use such canals and roads as are necessary for lessee's operations under the Lease; and

(5) the right to remove at any time from the leased premises any property placed thereon by lessee.

(c) When any person shall desire to lease any State-owned lands pursuant to the provisions of this Section 91-110a, application therefor shall be made to the Commission in writing. The applica tion shall include an accurate legal description and a plat of survey of the land sought to be leased and such other information as the Commission may require and shall further include a certified check for fifty dollars which shall be deposited with the Commission as evidence of the good faith of the applicant, which sum shall only be returned to an applicant who shall bid for but fail to secure a Lease.
(d) Upon receipt of the application, the Commission shall make an inspection of the land sought to be leased and such geophysical and geological surveys thereof as the Commission may deem neces sary. The Commission, after receiving a report as to the nature, character, surroundings and mineral resource value of such land, may offer for lease, through public competitive bidding, all or any portion of the land described in the application. The Commission shall cause to be published once a week for two consecutive weeks in (1) the legal organ and in one or more newspapers of general circulation in the county or counties wherein is situated the land to be bid upon and (2) the legal organ of Fulton County, Georgia, an advertisement of an invitation for bids setting forth therein an ac curate legal description of the land proposed to be leased, the date, time and place when and where bids therefor will be received and such other information as the Commission may deem necessary. Prior to the advertising, the Commission shall prepare a proposed form of Lease and appropriate instructions which shall be furnished to prospective bidders under such conditions as the Commission may prescribe. Sealed bids shall be submitted to the secretary of the Commission and each bid shall be accompanied by a bid bond or such other security as may be prescribed by the Commission.

(e) AH bids shall be opened in public on the date and at the time and place specified in the advertisement of the invitation for bids. The Commission shall formally determine and announce which bid and bidder it considers to be most advantageous to the State. The Commission shall have the right to reject any or all bids and bidders and the right to waive formalities in bidding.

4220

JOURNAL OF THE HOUSE,

(f) The Commission, acting for and on behalf of and in the name of the State, is hereby authorized to execute, grant and convey a Lease pursuant to the provisions of this Section 91-110a on any State-owned land to any State agency without the necessity of com plying with the public competitive bid procedure hereinabove stated; provided, however, the mineral resources so mined, dredged and removed from the State-owned land must be utilized on projects of the State agency.

(g) No oil and gas Lease shall be granted for a term to exceed twenty-five years. If production should not be secured within the first ten years of the lease term, the lease shall terminate. Any oil and gas lease shall be for a consideration of not less than one-eighth of the gross production of oil, or the value of same, that may be produced and sold and one-eighth of the gross production of gas, or the value of same, that may be produced and sold off of the leased premises, and ten cents per acre in advance for the first year, and twenty-five cents per acre in advance for the second year, and fifty cents per acre in advance for the third year, and one dollar per acre in advance for each year thereafter. When production has been secured in commercial quantities and the payment of royalty begins and continues to be paid, the lessee shall be exempt from further annual payments on the acreage. If production should cease and royalty is not paid, the lessee shall, at the end of the lease year in which royalty ceases to be paid, and annually thereafter in advance, pay one dollar per acre so long as the lessee may desire to maintain the rights acquired under the Lease.

(h) In the event oil or gas should be produced in commercial quantities in a well within one thousand feet of the premises leased from the State, the State's lessee shall, within sixty days after the initial production in any such well, begin in good faith and prosecute diligently the drilling of an offset well or wells on the premises leased from the State. Such offset wells shall be drilled to such depth and such means shall be used as may be necessary to prevent the undue drainage of oil or gas from beneath the premises leased from the State. A log of each well shall be filed with the Commission and with the Director of the Earth and Water Division of the Department of Natural Resources within thirty days after the well has been completed or abandoned.

(i) The development and operation of oil and gas wells on State-owned lands shall be done, so far as practicable, in such manner as to prevent the pollution of water, destruction of fish, oysters and marine life, and the obstruction of navigation.

Section 91-llla. Power of eminent domain; form to be taken in the exercise of the power of eminent domain. The Commission, acting for and on behalf of and in the name of the State, is hereby empowered to take or damage by condemnation, for the public pur poses of the State, the property of any Person upon first paying or tendering just and adequate compensation to such Person. Such power of eminent domain shall be cumulative of any other power of eminent domain provided by law. Condemnation proceedings by

TUESDAY, MARCH 25, 1975

4221

the Commission, acting for and on behalf of and in the name of State, shall take the form provided in Part II of Title 36 of the Code of Georgia, as amended, or as it may hereafter be amended, or the form provided in Chapter 36-11 of the Code of Georgia, as amended, or as it may hereafter be amended. The power of condemnation and eminent domain authorized by this Section 91llla sail neither supersede nor abridge the powers of condemnation and eminent domain given severally to the Department of Trans portation and the Board of Regents of the University System of Georgia.

Section 91-112a. Acquisition of real property by a State agency.
(a) Except for all acquisitions of real property by the De partment of Transportation and the Board of Regents of the University System of Georgia, and except for the Department of Natural Resources acquiring by gift parcels of real property, not exceeding three acres each, to be used for the construction and operation thereon of boat launching ramps, and except for ac quisitions of real property by the Commission, resulting from trans fers of custody and control of real property to the Commission by Executive Order of the Governor or by Act or Resolution of the General Assembly, all State agencies shall acquire real property through the Commission.

(b) The Commission is hereby authorized to establish (and amend when the Commission deems it necessary) a procedure to facilitate the handling by the Commission of requests for acquisition of real property.

(c) The State agency requesting acquisition of real' property shall provide all of the funds necessary to acquire the said real property.

Section 91-113a. Technical assistance. The Department of Na tural Resources, the Georgia Public Service Commission and all other State agencies are hereby requested and directed to provide such technical assistance and services as shall be requested and needed by the Commission in the execution and performance of its duties under this Code Chapter.

Section 91-114a. Lessee of the Western and Atlantic Railroad subject to regulation by Georgia Public Service Commission. The railroad operation by the lessee of the Western and Atlantic Rail road shall be subject to the regulation of the Georgia Public Service Commission.

Section 91-115a. Personnel; merit and retirement systems.
(a) The Commission is hereby authorized to employ an Ex ecutive Director and such other employees, either on a full-time or part-time basis, as may be necessary to discharge the duties of the Commission.

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(b) The 'Commission is hereby authorized to promulgate a merit system of employment under which the Executive Director and such other employees shall be selected and promoted on the basis of merit.

(c) The Executive Director and all other employees of the Commission are hereby authorized to be members of the Employees' Retirement System of Georgia. All rights, credits1 and funds in such Retirement System which are possessed by any Person at the time of his or her employment with the Commission are hereby continued and preserved, it being the intention of the General As sembly that such Person shall not lose any rights, credit or funds to which he or she may be entitled prior to being employed by the Commission.

Section 91-116a. Records; public inspection. The Commission shall cause all of its records including, but not limited to, minutes or transcripts, reports, studies, forms of instruments, bidding papers, notices, advertisements, invitation for bids, bids, executed instruments and correspondence, to be permanently kept and main tained. Such records shall be open to public inspection and may be inspected by any citizen of the State during usual business hours unless the same are being used by the Commission, or by its em ployees, in the performance of its or their duties in reference thereto.

Section 91-117a. Adoption of rules and regulations; penalties.
(a) The Commission is hereby authorized to adopt, after reasonable notice and hearing thereon, such rules and regulations as it may deem appropriate in exercising its powers and performing its duties under this Code Chapter. Such rules and regulations so adopted by the Commission shall have the same dignity and standing as if their provisions were specifically stated in this Code Chapter.
(b) Any Person who violates any rule or regulation adopted by the Commission, or who procures, aids or abets therein, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor.
Section 91-118a. Not subject to Administrative Procedure Act. The Commission shall not be subject to the provisions of the Act known as the 'Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, or as it may hereafter be amended.
Section 91-119a. Liberal construction of this Code Chapter. This Code Chapter shall be liberally construed so as to effectuate the purposes of the Code Chapter.
Section 91-102a. Specific Repealer. The following Acts and Code Chapter are hereby specifically repealed:
(a) An Act creating a Mineral Leasing Commission, approved

TUESDAY, MARCH 25, 1975

4223

March 9, 1945 (Ga. L. 1945, p. 352), as amended by an Act ap proved March 17, 1959 (Ga. L. 1959, p. 270), and by an Act ap proved April 8, 1965 (Ga. L. 1965, p. 590) ; and

(b) Code Chapter 36-1A of the Code of Georgia known as the 'State Properties Acquisition Law', approved March 30, 1965 (Ga. L. 1965, p. 396), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 426).

Section 91-121a. Negation of reviver. This Act and Code Chapter shall in no way be construed to revive any Act or Code Chapter, or any part thereof, heretofore repealed or superseded.

Section 91-122a. General repealer. All other laws and parts of laws in conflict with this Act and Code Chapter are hereby re pealed."

Section 2. This Act and Code Chapter shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Representative Jones of the 126th moved that the House adopt the report of the Committee of Conference on HB 896.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Banks Bargeron Battle Baugh Beck Beckham Bolster Bowman Bray Brown Burruss Burton Calhoun Carlisle Games Carr Carrell Carter Castleberry

Chance Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman Collins Connell Cooper Cox Crawford Culpepper Daugherty Davis Dean Dent Dixon Dover Edwards, C. W. Edwards, W. Egan Elliott

Evans, B. Evans, W. D. Pelton Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glanton Glover .Greer Ham Hamilton Harden Harris, B. B. Harris, J. G. Harris, J. F. Harrison Hatcher Hawkins Hays Hill, B. L. Hill, G. Holmes

4224
Horton Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore King Knight
Kreeger
Lambert
Lane, Dick
Lane, W. J. Larsen, G. K.
Larsen, W. W.
Lee
Leggett Leonard
Linder
Logan
Long
Lucas Mann

JOURNAL OF THE HOUSE,

Marcus Matthews, D. R. McCollum McDonald Miles Milford Mostiler Mullinax Nessmith Nix Noble Ow.ens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L.
Petro
Phillips, L. L.
Phillips, R. T.
Phillips, W. R.
Pinkston
Rainey
Randall
Ray
Reaves
Richardson
Ross
Rush
Russell, J.

Russell, W. B. Sams Scott Shanahan Sheats Sigman Smith, J. R. Smith, V. B. Smyre , Snow Stone Sweat Thompson Tolbert Town send Triplett Tucker Twiggs
Vaughn
Waddle
Walker
Wall
Ware
Watson
West
White
Whitmire
Williams
Williamson
Wilson
Wood

Those not voting were Representatives:

Berry Blackshear Buck Colwell Howard

Matthews, C. McKinney Sizemore Taggart

Thomason Toles Wheeler Mr. Speaker

On the motion, the ayes were 167, nays 0.

The motion prevailed and the report of the Committee of Conference on HB 896 was adopted.

Representative Vaughn of the 57th moved that the following Bills and Resolutions of the House and Senate, remaining on the General Calendar at the

TUESDAY, MARCH 25, 1975

4225

Close of this day, be recommitted to the committees from which they were last reported:

BILLS AND RESOLUTIONS RECOMMITTED

HB

14. Indigent Persons, Criminal Proceedings

HB

34. Primaries & Elections; Polls Closing

HB

88. Optometrists-Visual Care Services; Discrimination

HB

92. Public Service Commissioner Emeritus; Compensation

HB

103. Motor Carrier Regulations, Redefine

HB

105. Elections; Registration by Mail

HB

112. Felony, Confiscation & Sale of Article Used in Crime

HB

130. Traverse Juries; Challenge for Favor

HR 25- 130. Justices of the Peace Etc.; Qualifications

HB

132. Monies Deposited as Security; Escrow, Bear Interest

HB

133. Bail, Amount in Misdemeanor Cases

HB

138. Real Estate Loans, Maximum Rate of Interest

HB

155. Unfit Dwellings, Suspension Payment of Rent

HB

161. Voter Registration, Places, Applications

HB

172. Drunk Arrest, Check Medical Disability

HB

179. Employee's Retirement System; Term Life Insurance

HB

190. Employees Retirement, Additional Persons

HB

192. Elections; Registration of Party

HB

208. Bicentennial Officers; Relating to Merit System

HB

217. Prosecuting Attorneys' Council, Create

HB

223. Fire Fighters Mediation

HB

252. Probate Court; Judges' Clerk Keeping Records

HB

263. Criminal Cases; Docket Order

HB

269. Southern Judicial Circuits, Judge

HB

275. Employees' Retirement System; Gen. Assembly Member

Service Credit

HB

300. Multi-County Districts; Vote Recount

HB

323. Health Insurance Plan; Area Plan & Dev. Com.

HR 78- 325. Supreme Court and Court of Appeals, Jurisdictions

HB

342. Colleges & University History Courses

HB

349. Peace Officers' Annuity & Benefit Fund; Amend

4226

JOURNAL OF THE HOUSE,

HR 85- 357. Stone Mountain Judicial Circuit; Judges Elected

HB

373. Hospital Authorities; Selection of Members

HB

378. Driver Training Applicants, Fingerprints

HB

386. Municipal Fiscal Standards Council

HB

395. Motor Vehicle License Plate, Single Class

HB

399. No Fault Insurance, Correlation of Benefits

HB

406. Alcoholic Bev. Sales, Sale on Sunday

HB

414. Alcoholic Beverages, Quantity Possessed

HB

425. Sexual Crimes; Punishment

HB

437. Countys' Electors List; Certify to Sup. Court Clerk

HB

451. Rules of the Road; Speed Restrictions

HB

474. Transportation Buildings; Exceed Maximum Width & Length-

Permit

HB

490. Income Tax; Personal Exemptions-Explanation

HB

529. Sales & Use Tax; Credit Allowed; Returned Prop.

HB

541. Government Officials; Disclosure of Fees & Exp.

HB

551. Official & Employees; Selling to Political Subdivision

HR 132- 562. Speaker Pro Tern, Duties

HB

569. Real Estate Bonds, Notice by Executors

HB

574. Game & Fish, Agents, Licenses

HB

604. Public Safety, Leave Honorable Conditions

HB

626. Trustee; Authorized to Sell or Grant Options

HB

636. Dismissed Cases; Recommencement of Discontinued

HB

681. Registration Cards; Relative to

HB

699. Safety Special Packaging Household Substances

HR 159- 701. Parolees; Loans of $500 by Board of Offender Rehab.

HB

723'. Funeral Director; Hold Valid Embalmers License

HB

733. Noise Pollution Regulation; Health Code New Chapter

HB

773. Insurance, Farm Credit System

HB

780. Sales Tax; Machinery to Combat Air & Water Pollution

HB

784. Malt Beverage Tax; Unlawful to Transport Cert. Amt.

HB

785. Sales Tax; Collected & Deprived State a Felony

HB .797. Counties, Grand Juries; Provide for Spec. Purpose

HB

798. Grand Jury, Steno Present Witness Examined

TUESDAY, MARCH 25, 1975

4227

HB

799. Judicial Circuit DA's; Request Investigative Asst.

HB

829. Demand for Trial; Written Notice to Prosecuting Atty.

HB

836. Housing Authorities Law; Relating to Powers

HB

837. Attorney General Authorize to Prosecute Criminal Pro.

HR 196- 841. Pardons & Paroles Board, Vacancies and Death Sentence

HB

843. Mentally Ill-Hospitalization; Involuntarily

HB

845. Off Road Vehicles; Operating Restrictions

HB

849. State Employment; Relative to Applications

HB

850. Juvenile-Girl Committed; Accompanied by Woman

HR 198- 853. Comprehensive Planning Assistance Program; Funding

HB

879. Plashing Blue Lights

HB

880. Civil Defense, Compact

HR 207- 883. Disaster Relief Act.; Cities & Counties May Obtain

HB

885. Motorcycles; Braking System, exhaust fumes

HB

905. Counties & Cities; Homesteading Programs

HB

912. Revenue Commissioner, Enforce Laws, Taxes, Alcohol

Beverages

HB

918. Married Woman; Surety on Bail Bonds

HB

936. Uniform Rules of the Road; Motor Bikes, Emergency Vehicles

HB

986. Fraternal Benefit Societies; Certificate Reserves

HB

989. Voting Machines; Number to be Provided

HB

996. Insurance Contract in General, Accident and Sickness

HB 1002. Constitutional Homesteads; Change Amount of Exemption

HB 1019. Marta, purchases Preference to Ga. Materials

HB 1033. County Tax Appraisers; Professional Qualifications

HB 1040. Abandoned Vehicles, Change Definition

HR 269-1046. Lease Certain Property in Hamilton City, Tennessee

HB 1048. Georgia Factory for the Blind; Change Name

HB 1077. Public Transportation, Define "Public Roads"

HB 1090. Civil Defense Emergency Vehicles; Red Lights

HB 1103. Casualty Insurance, Mandatory Agreements

HB 1112. Advisory Council for the Education of Criminal Off.

HB 1118. No Fault Insurance, Motorcycles

HB 1137. Firearms; Unlawful to Fire or Discharge on Sunday

4228

JOURNAL OP THE HOUSE,

HB 1138. Alcoholic Beverages, Minimum Container Size

HR 307-1138. Designate 1-365 as the Lanier Land Parkway

HB 1148. Sentence of Death, Time Transcript Prepared

HR 309-1151. Emanuel County, Designate "Geo. L. Smith II State Park"

HR 346-1169. City of Dalton, Convey Property

HB 1195. Multi-County Planning & Development Commissions; Funds

HR 353-1210. Individual Water System, Rules

SB

9. Retirement' Pension Bills; Attach Fiscal Note

SB

19. Junk Dealers, Records on Bronze Cemetery Items

SB

21. Barbers; Change License Requirements

SR

21. Courts; Terms and Elections of Judges

SR

31. General Assembly Salaries, No Change During Term

SB

35. Commission on Efficiency & Performance in Gov't.; Create

SR

40. Montgomery County; Convey Property

SR

44. Venue of Civil Actions; Third Party Practice

SR

46. Law Officers Death; Indemnification

SB

53. Injured Persons; Settlements

SB

65. Property Public Roads; Acquire Bids

SR

68. School Readiness Testing Study Committee; Create

SR

69. World Food Crisis; Relating to

SR

77. Agrirama Dev. Authority; Overview Committee

SB

84. Optometry; Renew Registration Yearly

SR

86. Memorializing Congress "Clean Air Act"

SR

91. Equal Rights Study Commission, Create

SB

110. Death, Testator, Devise of Realty

SR

112. Nonprofit Organizations, book donations

SB

116. Retirement, Pension, etc., Actuarial Studies

SR

123. Power Plant Siting Study Committee; Create

SB

126. Interest on Loans; Lender Charge Service Fees

SB

143. Radar Speed Detection Devices; excess 10 mph

SB

144. Discovery & Inspection; Criminal Cases

SR

145. Economic Plight & Disaster; Agricultural Industry

SB

156. Area Planning & Dev. Commissions, Health Insurance Plan

TUESDAY, MARCH 25, 1975

4229

SR

157. Gray County; Lease Property

SB

162. Practical Nursing; Evidence of U. S. Citizenship

SB

177. State Employees Leaves of Absence; Blood Donation

SB

182. Hospitals; Licensed Medical Practitioners

SB

187. Polygraph Examiners; Clarify; Min., Hrs., Instruct.

SB

195. State Agencies Documents; Update Distri. Lists

SB

198. Theft of Services; Entering Automobile; Felony

SB

199. Mother-Father; Illegitimate Child

SB

204. Department of Human Resources, Property Loss by Employ

ees

SB

209. Corporations, Shareholders' Meetings

SB

237. Juries, voir dire examinations

SB

263. State Board of Corrections; amend

SB

264. Incarceration of Offenders; Alternative

SB

265. Appointive Officials & Employees, certain prohibitions

SB

266. Apparent Drunk; Check Medical Identification

SB

274. Members of Public Boards; Etc.; Meetings-Compensation

SB

277. Industrial Loan Act; Relating to Penalties

SB

278. Ga. Military Forces Certain Officers Confirmed; Senate

SB

280. Weapons; Destroy When no Longer Needed for Evidence

SB

320. Gambling, Change Definition of a Lottery

SB

331. Saltwater Crawfish, Taking and Possessing

SB

353, Off-Road Vehicles, Regulations

SB

386. Real Estate Brokers, Associate & Salesmen; License

The motion prevailed and all Bills and Resolutions of the House and Senate remaining on the General Calendar were recommitted.

The Speaker requested the Journal Clerk, L. G. Gilstrap of Murrayville, Georgia, to offer a prayer of thanksgiving for protecting our Governor's family and thousands of others who were caught in the path of Atlanta's first major tornado in which loss of life occurred.

The following prayer was offered:
As the Psalmist, we will lift up our eyes unto the hills from whence cometh our help. Our help cometh from the Lord which made Heaven

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JOURNAL OF THE HOUSE,

and earth. We thank You, Lord, that even while the turbulent ele ments coughed and erupted this week, Thy hand protected so many thousands of us, and especially the children on their way to school, from their violent fury. We pray for the families and individuals who were adversely affected by the death, injuries and property damage. And now, Oh God, please go with each of us as we return to our homes and other duties after this laborous session. Thank You for what we were able to do right--forgive us for anything we've done wrong.
AMEN.

His Excellency, the Honorable George D. Busbee, Governor of Georgia, ap peared upon the floor of the House and expressed his sincere appreciation to the members for a most fruitful session of the General Assembly.

The following message was received from the Senate through Mr. Whorter the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the House substitute to the following Bill of the Senate, to-wit:

SB 214. By Senators Holloway of the 12th, Starr of the 44th and others:
A bill to amend Code Title 47, relating to the General Assembly, as amended, so as to provide for a new Code Chapter 47-10A to regulate and require disclosure of certain actions by lobbyists and registered agents.

The Senate has agreed to House Amendment No. 2 as amended by the Senate and disagreed to House Amendment No. 1 to the following Bill of the Senate, to-wit:

SB 16. By Senators Starr of the 44th, Langford of the 51st, and Riley of the 1st:
A Bill to amend an Act creating the Department of Public Safety, so as to provide for a Uniform Division of the Department of Public Safety.

The following Bill of the Senate was taken up for the purpose of considering the Senate's amendment to House amendment No. 2 and the Senate's disagreement to House amendment No. 1 thereto:

SB 16. By Senators Starr of the 44th, Langford of the 51st, Riley of the 1st and others:
A Bill to amend an Act creating the Department of Public Safety,

TUESDAY, MARCH 25, 1975

4231

so as to provide for a Uniform Division of the Department of Public Safety; to provide that members of the Uniform Division, license examiners, communications officers and recruits shall, with certain exceptions, be subject to the rules and regulations of the State Merit System of Personnel Administration; and for other purposes.

The following House amendments were read:
House Amendment No. 1
The Committee on Appropriations moves to amend SB 16 as follows:
1. By adding in the title before the words "to provide for an ef fective date" the following:
"to authorize the Board of Public Safety to provide for hazard ous duty pay; to provide for penalties;".
2. By changing the following: "(5)" on page 6, line 13, to "(6)" and adding a new number (5) to read as follows:
"(5) The Board of Public Safety shall be authorized to grant hazardous duty incentive pay in the amount of $25.00 per month, which shall be in addition to any other compensation, to troopers and officers within the Uniform Division who are assigned to duty posts throughout the State which operate on a twenty-four hour schedule and which were created or may be created for the purpose of enforcing the traffic laws and criminal laws of this State. To be eligible for such hazardous duty incentive pay, such troopers and officers shall:
(i) have an actual tour of duty,
(ii) be engaged in the enforcement of traffic laws or criminal laws or both at least eighty hours per month, and
(iii) work at least sixteen of such eighty hours in paragraph (ii) above either on weekends or from 10:00 p.m. to 8:00 a.m. on the days of Monday through Friday.
The certification of completion of tours of duty under hazardous conditions which entitle such troopers and officers to hazardous duty incentive pay shall be made monthly by the post commanders or assistant post commanders. Any officer or employee of the De partment of Public Safety found to have knowingly falsified the number of hours of duty under hazardous conditions shall be termi nated from the Department."

4232

JOURNAL OP THE HOUSE,

House Amendment No. 2

The Committee on Appropriations moves to amend SB 16 as follows:

1. By striking from the title the words:

"to provide that no such employee made subject to such rules and regulations shall be compensated at a lesser initial salary than that which he is earning on the date this Act becomes law;",

and inserting in lieu thereof the following:

"to include provisions relative to compensation; to include pro visions relative to promotions;".

2. By striking from Section 1 the following:

"(1) No such employee shall be compensated at a lesser initial salary than the salary the employee is earning on the date this Section becomes law;",

and inserting in lieu thereof the following:

"(1) No such employee shall be compensated at a lesser initial salary than the compensation the employee is earning on the date this Section, as amended in 1975, becomes law, nor shall any such employee be compensated at a salary more than five percent in excess of the salary such employee is earning on said date. Provided, however, that any general pay increase for Merit System em ployees appropriated during the 1975 session of the General As sembly shall be in addition to said five percent limitation, but no such employee shall receive a 'six-month working test increase' during fiscal year 1976. Provided, further, that in addition to any other compensation he receives, the Commanding Officer shall receive the sum of $1,500.00 per annum as an expense allowance;".

3. By striking the quotation marks at the end of Section 1 and adding a new subsection to be known as subsection (h) to read as follows:

"(h) Promotions within the Department of Public Safety shall be under the following procedure: the Governor shall establish a Promotion Board within the Department of Public Safety to be com posed of seven members of said Department. The Commanding Offteer shall recommend for promotion those personnel in the Battalion he deems should be promoted. Any such recommendation must be made to the Promotion Board. The Promotion Board shall review all such recommendations and make its own recommendations there on to the Commissioner. The Commissioner shall review all such recommendations and make his recommendations to the Board of Public Safety, which shall have the final authority to grant promo tions within the Department. The Commissioner shall recommend

TUESDAY, MARCH 25, 1975

4233

for promotion such personnel in the Headquarters Staff as he deems should be promoted. The Commissioner's recommendations shall be made directly to the Board of Public Safety. The Board of Public Safety may make promotions within the Department of Public Safety without any recommendations."

House Amendment to House Amendment No. 2, Previously Adopted

Representative Harris of the 8th moves to amend the House Committee Amendment No. 2 by striking the first sentence in paragraph (1) of Section 2 of the Committee Amendment No. 2 and inserting in lieu thereof the following:
"Each such employee shall be compensated at a rate five per cent greater that the salary such employee is earning on the date this Section becomes law.".
And by striking the word "limitation" on line 25 of the said Com mittee Amendment No. 2.

The following Senate amendment to House amendment number 2, as amended, was read:

Senator Holloway of the 12th moves to amend House Amendment Number 2 to SB 16 by striking the same in its entirety and inserting in lieu thereof the following:
Amend SB 16 as follows:
1. By striking from the title the words:
"to provide that no such employee made subject to such rules and regulations shall be compensated at a lesser initial salary than that which he is earning on the date this Act becomes law;",
and inserting in lieu thereof the following:
"to include provisions relative to compensation; to include pro visions relative to promotions;".
2. By striking from lines 2 and 31 of page 5 the following:
"which may hereafter amend",
and inserting in lieu thereof the following:
"approved March 13, 1975, amending".
3. By striking from Section 1 the following:

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JOURNAL OF THE HOUSE,

"(1) No such employee shall be compensated at a lesser initial salary than the salary the employee is earning on the date this Section becomes law;",

and inserting in lieu thereof the following:

"(1) During fiscal year 1976-77 such employees shall be com pensated on the following pay grades:

Trooper Trooper 1st Class Corporal Sergeant Lieutenant Captain Major The Commanding Officer

Pay Grade 16 Pay Grade 17 Pay Grade 18 Pay Grade 19 Pay Grade 20 Pay Grade 21 Pay Grade 22 Pay Grade 23';".

4. By striking the quotation marks at the end of Section 1 and adding a new subsection to be known as subsection (h) to read as fol lows:

"(h) Promotions to ranks of Corporal through Lieutenant shall be made on the basis of merit in accordance with the provisions of this Section.

Periodic performance rankings shall be made, not less than an nually, of such sworn member through the grade of Lieutenant, ranking each member according to his relative position within his post or section. Each supervisor shall rank those members under his supervision."

Representative Lambert of the 112th moved that the House agree to the Senate amendment to the House amendment number 2, as amended, and that the House recede from the House amendment number 1.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Representatives:

Adams, G. D. Adams, John Adams, Marvin Alexander Bailey Banks Bargeron Battle Baugh Beck Beckham

Bolster Bowman Bray Brown Burruss Burton Calhoun Carlisle Carnes Carr Carrell

Castleberry Chance Childers Childs Clark, Betty Clark, L. Clifton Cole Coleman Collins Connell

Cooper Cox Crawford Culpepper Daugherty Davis Dean Dent Dixon Dover Edwards, C. W. Edwards, W. Egan Evans, B. Evans, W. D. Felton Foster, P. W. Foster, R. L. Fraser Gammage Gignilliat Glanton Glover Greer Ham Hamilton Harden Harris, B. B. Harris, J. G. Harris, J. F. Harrison Hatcher Hawkins Hays Hill, B. L. Hill, G. Holmes Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R.

TUESDAY, MARCH 25, 1975

4235

Irwin Jackson Jessup Johnson, R. Johnson, W. R. Jones Jordan Karrh Keyton Kilgore King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee Leggett Leonard Linder Logan Long Lucas Mann Marcus Matthews, D. R. McCollum McDonald McKinney Milford Mostiler Mullinax Nessmith Nix Noble Owens Oxford Parham Parkman Parrish Patten, G. C. Patten, R. L. Peters

Petro Phillips, L. L. Phillips, W. R. Pinkston Rainey Randall Ray Reaves Richardson Ross Rush Russell, J. Russell, W. B. Sams Scott Shanahan Sheats Sigman Sizemore Smith, J. R. Smith, V. B. Smyre Snow Stone Sweat Thompson Tolbert Town send Triplett Tucker Twiggs Vaughn Waddle Walker Wall Ware Watson West White Whitmire Williams Williamson Wilson Wood

Voting in the negative was Representative Carter.

4236

JOURNAL OF THE HOUSE,

Those not voting were Representatives:

Berry Blackshear Buck Colwell Elliott

Lane, W. J. Matthews, C. Miles Phillips, R. T. Taggart

Thomason Toles Wheeler Mr. Speaker

On the motion, the ayes were 165, nays 1.

The motion prevailed and the House agreed to the Senate amendment to the House amendment number 2, as amended, and receded from House amendment number 1.

Representatives Phillips of the 59th, White of the 132nd and Lane of the 81st wished to be recorded as voting "aye" on the motion to agree to the Senate amendment to the House amendment number 2, as amended, and to recede from House amendment number 1 on SB 16.

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 239. By Senator Riley of the 1st: A Resolution relative to adjournment.

The following Resolution of the Senate was read and adopted:

SR 239. By Senator Riley of the 1st:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA that the General Assembly adjourn sine die at 12:00 p.m. on March 25, 1975.

TUESDAY, MARCH 25, 1975

4237

The following communication from the Honorable Ben W. Fortson, Jr., Secre tary of State, was received and read:

SECRETARY OF STATE State Capitol Atlanta 30334

March 25, 1975
Honorable Glenn Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334

Dear Glenn:

I am enclosing herewith certified copy of a list of those registered in the Docket of Legislative Appearances as of March 21, 1975, for the 1975 Session of the Georgia General Assembly.

With best wishes, I am

Enclosure Received:
/s/ Glenn Ellard

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 318 through 346), along with the names of the respective persons, firms, corporations, or associations they represent, who registered in the Docket of Legislative Appearance for the 1975 Session of the Georgia General Assembly as of Friday, March 21, 1975, 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 25th day of March, in the year of our Lord One Thousand Nine Hundred and Seventy-five and of the Independence of the United States of America the One Hundred and Ninety-ninth.

(Seal)

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

4238

JOURNAL OF THE HOUSE,

SOS. Brenda Courson Concerned Citizens of Moral and Social Decency 145 Spalding Drive, N.E. Atlanta, Georgia 30328
309. Ralph H. Witt City of Atlanta 2614 First National Bank Tower Atlanta, Georgia 3j0303
310. George D. Adams Fraternal Order of Police Brookshire Drive Fayetteville, Georgia 30214
311. Mrs. Doris Van Veelen Concerned Citizens for Moral and Social Decency 1513' Thornhill Court Dunwoody, Georgia 30338
312. E. B. Gurley Ford Motor Co. 340 S. Central Avenue Hapeville, Georgia 30354
313. W. A. Huff Ford Motor Co. 340 S. Central Avenue Hapeville, Georgia 30354
314. William H. Schroder Georgia Optometric Association 1400 Candler Building Atlanta, Georgia 30303
315. Ernest C. Ramsay 33rd Floor, First National Bank Tower Atlanta, Georgia 30303
316. T. Keller Cobb 204 Church Street Decatur, Georgia 30030
317. Lindy Barnett National Association of Social Workers 10375 State Bridge Road Alpharetta, Georgia 30201
318. J. Stanley Hawkins Cousins Properties, Inc. 1400 Candler Building Atlanta, Georgia 30303
319. Peg Nugent Self 2250 Cheshire Bridge Road, N.E. Atlanta, Georgia 30324

TUESDAY, MARCH 25, 1975

4239

320. Roy L. Cross Georgia Independent Oilmen's Association 4 Executive Park East Room 365 Atlanta, Georgia 30329
321. W. Stell Huie Registered Agent MARTA Georgia Bankers Association State Bar of Georgia Suite 800 Fulton Federal Building Atlanta, Georgia 30303
322. Tom Harrold, Jr. Georgia Association of Convenience Stores Post Office Box 1744 Athens, Georgia 30601
323. George E. Swanson, Jr. Trust Division Georgia Bankers Association 1420 William-Oliver Building Atlanta, Georgia 30303
324. Sanford A. Cohn Levine, D'Alessio & Cohn 1614 Fulton National Bank Tower Atlanta, Georgia 30303
325. C. W. S. Home Federal Land Bank of Columbia 1401 Hampton Street Columbia, South Carolina 29202
326. Robert A. Darr Federal Land Bank of Columbia 1401 Hampton Street Columbia, South Carolina 29202
327. A. R. Tuten Federal Land Bank of Columbia 227 Holmesville Avenue Baxley, Georgia 31513
328. Roy M alone Georgia Production Credit Assn. Route 1 Dexter, Georgia 31019
329. Barbara Muntean Clayton County Education Assn. 6073 Kathie Court Ellenwood, Georgia 30049

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JOURNAL OF THE HOUSE,

330. Michael W. Broadbear Downside Risk, Inc. 2310 First National Bank Tower Atlanta, Georgia 30303
331. C. D. Ellington Home Builders Association of Metropolitan Atlanta 200 Candler Building Atlanta, Georgia -30303
332. Karen Bedingfield Georgia Electric Membership Corporation 148 Cain Street Suite 845 Atlanta, Georgia 30303
333. Bettye Lowe Concerned Citizens for Moral and Social Decency 4465 Harris Trail, N.W. Atlanta, Georgia 30327
334. Felton H. Gordon Georgia Podiatry Association 3384 Peachtree Road, N.E. Suite 875 Atlanta, Georgia 30326
335. David F. Masters SAVE 240 Flint River Road Apartment L-3 Jonesboro, Georgia 30236
336. Jule W. Felton, Jr. Georgia Security Dealers Assn. 3300 First National Bank Tower Atlanta, Georgia 30301
337. Julia Dyar Georgia Press Association 1075 Spring Street, N.W. Atlanta, Georgia
338. Gerald L. Fowler Farm Credit Banks of Columbia Post Office Box 0 Greenville, Georgia 30222
339. J. A. Johnson Farm Credit Banks of Columbia Post Office Box 111 Madison, Georgia 30650
340. Edward L. Parker, Jr. Georgia Premium Finance Assn. 2241 Dogwood Lane Atlanta, Georgia 30345

TUESDAY, MARCH 25, 1975

4241

341. Elizabeth Buyle The Atlanta Regional Commission 100 Peachtree Street Suite 910 Atlanta, Georgia 3030S
342. John A. Blackmon Carrol Reddic 2400 First National Bank Tower Atlanta, Georgia 30303
343. Mary Lyons Gould National Organization for Women 1150 Collier Road, N.W. Apartment M-5 Atlanta, Georgia 30318
344. Judy Harbison Georgia Association of Educators 1935 Robin Circle Milledgeville, Georgia 31061
345. Brenda Knight Georgia Association of Educators 1980 Briarciiff Road Milledgeville, Georgia 31061
346. Martha Chesser Self 864 Beaverbrook Drive, N.W. Atlanta, Georgia 30318

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:

HR 122-477. By Representatives Snow of the 1st, King of the 96th, and Hatcher of the 131st:
A Resolution proposing an Amendment to the Constitution so as to confer the authority to grant corporate powers and privileges to private companies to the Secretary of State.

HR 151-656. By Representatives Hill of the 41st, and Kilgore of the 65th:
A Resolution authorizing the conveyance of certain real estate located in Fulton County, Georgia, to Mrs. L. L. Stovall, Jr.

4242

JOURNAL OF THE HOUSE,

HR 197-850. By Representatives Bolster of the 30th, Dean of the 29th, Stone of the 138th, and others:
A Resolution finding and declaring the Atlanta Cyclorama to be of historic value to the State and in need of certain repairs.

HR 305-1124. By Representative McDonald of the 12th: A Resolution creating the Public Television Study Committee.

HR 347-1177. By Representative Cohvell of the 4th:
A Resolution authorizing the grant of a permanent nonexclusive ease ment over, across, through and under certain State-owned real property located in Fulton County, Georgia.

HR 350-1195. By Representative Murphy of the 18th:
A Resolution authorizing the State Librarian to furnish the Paulding County Law Library with certain books.

HR 371-1210. By Representative Sigman of the 74th:
A Resolution creating the Newton County Local Legislative Study Com mittee.

HR 310-1151. By Representatives Crawford of the 5th, Murphy of the 18th, Patten of the 146th, and others:
A Resolution renaming the Chattooga Lakes State Park as the "James H. 'Sloppy' Floyd State Park".

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

HB 99. By Representative Greer of the 43rd:
A Bill to amend an Act providing that cities having a certain population (500,000 or more) shall furnish pensions to officers and employees of such cities, so as to provide credit for fractional years of service.

HB 950. By Representatives Dixon of the 151st, and Sweat of the 150th:
A Bill to amend an Act creating the Waycross and Ware County Develop ment Authority so as to change the provisions relative to the membership of the Authority.

HB 1142. By Representatives Peters of the 2nd, and Leonard of the 3rd: A Bill to amend an Act placing the Sheriff of Catoosa County on an

TUESDAY, MARCH 25, 1975

4243

annual salary in lieu of the fee system of compensation so as to change the compensation provisions relating to the deputies and the radio operators.

HB 1159. By Representatives Kreeger of the 21st, Edwards of the 20th, Wilson of the 19th, and others:
A Bill to amend an Act creating the Cobb Judicial Circuit so as to change the provisions relating to the appointment of Assistant District At torneys of said circuit; to change the salary provisions relating to the Assistant District Attorneys.

HB 1161. By Representatives Wilson of the 19th, Harrison of the 20th, Kreeger of the 21st, and others:
A Bill to amend an Act creating the Cobb Judicial Circuit so as to change the compensation provisions relating to the investigator.

HB 1164. By Representatives Cooper and Howard of the 19th, Nix, Edwards and Harrison of the 20th, and Kreeger of the 21st:
A Bill to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court of Cobb County from the fee system to the salary system so as to change the compensation of the clerk of the superior court, the sheriff, the deputy clerk of the superior court and the chief deputy sheriff.

HB 1178. By Representative Larsen of the 119th:
A Bill to amend an Act creating a board of commissioners of Laurens County so as to provide for a change in the compensation of the com missioners.

HB 1202. By Representative Vaughn of the 57th:
A Bill to fix the compensation of the deputies of the tax commissioners in all counties of this State having a population of not less than 18,100 and not more than 18,250.

HB 1205. By Representatives Wilson of the 19th, Nix of the 20th, Kreeger of the 21st and others:
A Bill to amend an Act creating the State Court of Cobb County so as to require the solicitor of said court and his staff to perform the same functions in relation to matters within the jurisdiction of the magi strates of said court as they perform in relation to matters-within the jurisdiction of the judges of said court.

HB 1203, By Representative Vaughn of the 57th: A Bill to fix the compensation of the deputies of the clerk of the superior

4244

JOURNAL OF THE HOUSE,

court in all counties of this State having a population of not less than 18,100 and not more than 18,250.

HB 1206. By Representatives Nix of the 20th, Wilson of the 19th, Kreeger of the 21st, and others:

A Bill creating the State Court of Cobb County so as to change the

compensation of the solicitor.

,

HB 1207. By Representative Tucker of the 73rd:
A Bill to amend an Act creating a new charter for the Town of Locust Grove, approved August 19, 1922, so as to change the term of office of the mayor of said city.

HB 1209. By Representatives Harris of the 8th, Murphy of the 18th, Collins of the 144th, and others:
A Bill to provide a procedure for fiscal notes for certain bills and for a time limitation for the introduction of such bills.

HB 939. By Representative Rainey of the 135th:
A Bill to amend an Act revising, consolidating and superseding the laws of this State relative to game and fish so as to make it unlawful for any person who is required to have on his person any license issued under the provisions of said Act to refuse to allow the inspection of such license by Conservation Rangers of the Department of Natural Resources.

HB 1050. By Representative Stone of the 138th:
A Bill to consolidate the offices of Tax Receiver and Tax Collector of Appling County into the office of the Tax Commissioner of Appling County.

The Senate has agreed to the House amendments to the following Bills of the Senate, to-wit:

SB 1. By Senator McGill of the 24th:
A Bill to amend Code Chapter 68-1, relating to licenses, registration and operation of motor vehicles.

SB 2, By Senator McGill of the 24th:
A Bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to exempt certain motorized bicycles from motor vehicle equipment and inspection requirements.

TUESDAY, MARCH 25, 1975

4245

SB 33. By Senator Fincher of the 54th:
A Bill to amend Code Title 88, the Georgia Health Code, as amended; to provide for inspection warrants; to provide for definitions; to provide for practices and procedures in connection with the issuance and execu tion of inspection warrants.

SB 137. By Senator Barnes of the 33rd:
A Bill to authorize the Attorney General and the District Attorneys of Georgia, upon approval of a Superior Court Judge, to grant immunity from prosecution in criminal proceedings; to provide that the immunity from prosecution does not cover perjury or contempt committed while giving evidence.

SB 147. By Senators Riley of the 1st, Holloway of the 12th, and Starr of the 44th:
A Bill to amend Code section 13-203.1 relating to bank offices and bank facilities, as amended, so as to provide for the establishment of branch banks through merger, consolidation or sale of assets under certain conditions.

SB 148. By Senators Riley of the 1st, Holloway of the 12th, and Starr of the 44th:
A Bill to amend Code Section 13-203, relating to branch banks, as amended, so as to provide that any parent bank located in certain counties
of this State may establish a branch bank within certain adjacent counties.

SB 163. By Senators Coverdell of the 40th, and Lester of the 23rd:
A Bill to require the Department of Offender Rehabilitation to head a special task force to prepare and submit to the Governor, the State Crime Commission, and each member of the General Assembly a written report regarding services necessary for the education, training rehabil itation and care of mentally retarded offenders.

SB 164. By Senators Fincher of the 54th and Kidd of the 25th:
A Bill to provide that the records and proceedings of any hospital medical review committee, medical organization committee or extended care facility committee shall be confidential; to provide that no monetary liability shall arise as a result of any act or proceeding performed within the scope of the functions of any such committee.

SB 169. By Senators Garrard of the 37th and Hudson of the 35th:
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.

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SB 191. By Senators Shapard of the 28th and Carter of the 14th:
A Bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to change the provisions relative to the allotment for teachers.

SB 236. By Senator Kidd of the 25th:
A Bill to amend an Act creating the Board of Funeral Service and regulating the practice of embalming and funeral directing, approved February 1&, 1950, as amended, so as to provide that apprentice service as a requirement for licensing may be earned on a part-time basis.

SB 272. By Senators Starr of the 44th and Howard of the 42nd:
A Bill to amend an Act known as the Georgia Police Academy Act approved March 3, 1962, to provide that the Board of Public Safety shall have authority over the Georgia Police Academy.

SB 294. By Senators Fincher of the 54th and Garrard of the 37th:
A Bill to amend Code Chapter 88-17, relating to vital records, as amended, so as to provide for the payment of certain fees to all local registrars and custodians of vital records; to provide that the depart ment shall complete and register delayed birth certificates; to provide that burial permits shall be issued within 72 hours after death.

SB 381. By Senators Barnes of the 33rd and Thompson of the 32nd:
A Bill to amend an Act providing for a new charter for the City of Marietta, Ga., as amended, so as to extend the corporate limits of said city.

The Senate has agreed to the House amendment to the following Resolution of the Senate, to-wit:

SR 151. By Senator Lewis of the'21st:
A Resolution authorizing the conveyance of certain real property located in Jenkins County, Georgia.

The Senate has agreed to the House substitute to the following Bills of the Senate, to-wit:
SB 54. By Senator Barker of the 18th:
A Bill to provide that it shall be unlawful for any masseur or masseuse to massage any person of the opposite sex; to provide that it shall be unlawful for any person engaged in the massage business to allow any masseur or masseuse in his employment to massage any person of the

TUESDAY, MARCH 25, 1975

4247

opposite sex upon those premises upon which such business shall be conducted.

SB 141. By Senators Starr of the 44th, Holloway of the 12th, and others:
A Bill to amend the "Campaign Financing Disclosure Act", so as to change the short title of said Act; to change certain definitions.

SB 178. By Senators Kidd of the 25th, and Lester of the 23rd:
A Bill to amend an Act designating public and legal holidays in the State of Georgia, as amended, so as to change the time for observing certain holidays.

The Senate recedes from its substitute to the following Bill of the House, to-wit:

HB 1086. By Representatives Miles of the 86th, Connell of the 87th, and Dent of the 85th:
A Bill to amend an Act placing certain county officers upon an annual salary approved March 28, 1961, so as to change certain of the provisions thereof pertaining to employees of the sheriff's office in such counties.

The Senate recedes from the Senate amendment to House Substitute to the following Bill of the Senate, to-wit:

SB 112. By Senator Lester of the 23rd:
A Bill to provide the procedures whereby a Judge of the Probate Court of Richmond County (formerly the Court of Ordinary) shall be eligible to become a Judge Emeritus of the Probate Court of Richmond County.

The Senate recedes from Senate Amendment #2 and 3, to the following Bill of the House, to-wit:

HB 150. By Representatives Lambert of the 112th, Cole and Foster of the 6th and others:
A Bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act," so as to authorize counties and certain munici palities to levy a local sales and use tax under certain conditions.

The Senate has adopted the report of the Committee of Conference on the following Bills of the House and Senate, to-wit:

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SB 100. By Senators Stephens of the 36th and Bond of the 39th:
A Bill to provide for the compensation of the sheriff of certain counties, and the procedure in connection with the payment thereof; to specifically repeal certain laws.

HB 1. By Representatives Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th and others:
A Bill to provide for a rebate or credit against Georgia income taxes for the amount of certain ad valorem tangible property taxes paid by an individual.

HB 119. By Representatives McKinney of the 25th, Clark of the 55th and others:
A Bill 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 changing the population bracket to 300,000.

HB 170. By Representatives Murphy of the 18th, Vaughn of the 57th, Burruss of the 21st and others:
A Bill to provide appropriations for the fiscal year beginning July 1, 1975, and ending June 30, 1976; to provide such appropriations for the operation of the State Government.

HB 376. By Representatives McDonald of the 12th, Smith of the 78th and Hutchinson of the 133;rd:
A Bill to amend the Executive Reorganization Act of 1972, so as to authorize the Deptartment of Public Safety to exercise jurisdiction over safety of motor vehicles and over the drivers of motor vehicles operating as motor contract carriers of motor common carriers.

HB 568. By Representatives Howard and Cooper of the 19th, Nix, Edwards and Harrison of the 20th and others:
A Bill to repeal Chapter 61-4 of the Code consisting of Sections 61-401 through 61-407 relating to distress warrants; to establish a new Chapter 41-4 of the Code relating to distress warrants.

HB 579. By Representative Rainey of the 135th:
A Bill to amend the Natural Resources Act of 1973, so as to authorize the Department of Natural Resources to contract for or provide necessary water transportation and essential services for its employees, other State employees, their families and other permanent residents of certain coastal islands.

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4249

HB 859. By Representative Hatcher of the 131st:
A Bill to amend Code Section 24A-1403, relating to the place of deten tion of children under the jurisdiction of juvenile courts, so as to provide that juveniles shall not be detained in a jail pending a committal hearing or indictment unless detained in a room separate and removed from those for adults.

HB 896. By Representatives Murphy of the 18th, Colwell of the 4th, Lee of the 72nd and others:
A Bill to revise, consolidate and supersede the present State Properties Code and to establish a new codification of laws relating thereto, to be known and cited as the State Properties Code of Georgia.

HB 908. By Representatives Elliott of the 49th, Adams of the 14th, Kilgore of the 65th and others:
A Bill to amend Code Section 68A-1002, authorizing police officers to remove a vehicle so as to authorize police officers to remove a vehicle which is stopped on a controlled access highway which is a part of the National System of Interstate and Defense Highways when such vehicle constitutes a traffic hazard.

The Senate has adopted the report of the Second Committee of Conference on the following Bills of the House and Senate, to-wit:

HB 17. By Representatives Ware of the 68th, Greer of the 43rd, and Castleberry of the lllth:
A Bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", so as to provide for additional definitions; to change the provisions relating to minimum insurance coverage for motor vehicles.

SB 125. By Senators Duncan of the 30th, Riley of the 1st, Broun of the 46th and others:
A Bill to amend Code Section 57-101, relating to the legal rate of interest allowable by contract; to authorize a lender to charge a service fee on any loan in addition to interest.

SB 285. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A Bill to declare unfair or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; to provide for the creation of a Consumer Advisory Board; to name the Administrator; to authorize the Administrator to conduct investigation.

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The Senate has adopted the report of the Third Committee of Conference on the following Bill of the House, to-wit:

HB 247. By Representatives Edwards of the 110th, Harris of the 8th, Vaughn of the 57th and others:
A Bill to amend an Act authorizing the Department of Administrative Services to establish and operate motor pools, so as to increase to twelve cents per mile the rate at which the State reimburses expenses incurred by employees of the State or any agency thereof.

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

HB 633. By Representatives Jessup of the 117th, Smith of the 78th, and Hutchinson of the 133rd:
A Bill to amend an Act relating to the arrest of persons accused of violating any law or ordinance governing the operation, licensing, regis tration, 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.

HB 814. By Representatives Thompson of the 93rd, Larsen of the 119th, Howard of the 19th, and others:
A Bill to amend Code Title 114, relating to Workmen's Compensation so as to provide that for the purposes of Workmen's Compensation cover age only, employees of county and district health agencies, which are established under Georgia Code Chapter 88-2 shall be deemed employees of the State of Georgia.

HB 872. By Representative Rainey of the 135th:
A Bill to provide for the regulation of the importation, transportation, sale or possession of wild animals, to define certain terms; to provide for the authority of the Board of Natural Resources; to provide for the issuance of licenses and permits.

The Senate has agreed to the House Substitute to the following Bill of the Senate, to-wit:

SB 166. By Senator Langford of the 51st:
A Bill to amend Code Title 68A, known as "The Uniform Rules of the Road", as amended, so as to permit vehicular traffic to turn right when facing a steady Circular Red Signal under certain circumstances.

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4251

The Senate has agreed to the House amendments to the following Bills of the Senate, to-wit:

SB 241. By Senators Gillis of the 20th, McGill of the 24th, Fincher of the 54th and others:
A Bill to amend Code Section 95A-960, relating to the enforcement of load limitations for highways, so as to change the schedule for paying damages to the State for overweight vehicles.

SB 291. By Senators Robinson of the 27th, Shapard of the 28th and others:
A Bill to amend Code Chapter 26-27, relating to gambling and related offenses as amended, so as to provide that it shall be unlawful for any person, partnership, firm, corporation or other entity to sell, distribute, televise, broadcast or disseminate any advertisement, television or radio commercial, or any book, magazine, periodical, newspaper, or other written or printed matter containing an advertisement or solicitation for participation in any lottery.

Pursuant to SR 239, adopted by the House and Senate, the Speaker announced the House adjourned sine die.

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The following interim committee reports were received:

The General Assembly State Capitol Atlanta

TO: THE HOUSE UNIVERSITY SYSTEM OF GEORGIA COMMITTEE

REPORT OF THE ALLIED MEDICAL AFFAIRS SUBCOMMITTEE
OF THE HOUSE UNIVERSITY SYSTEM OF GEORGIA
COMMITTEE

THE SUBCOMMITTEE

Honorable Jack A. Wheeler

Representative, 13th District

Chairman

Honorable J. E. Bohannon

Honorable J. Robin Harris

Representative, 64th District

Representative, 51st District

Honorable Bobby Carrell

Honorable W. Jones Lane

Representative, 71st District

Representative, 76th District

Honorable Jack Connell

Honorable Ben Barren Ross

Representative, 80th District

Representative, 72nd District

December 1974

INTRODUCTION

Your Subcommittee on Allied Medical Affairs has given careful consideration to optometric manpower requirements and submits the following report.

FINDINGS

The Subcommittee found that, according to widely accepted methods of mea suring the needs for optometric manpower, Georgia currently faces a serious shortage of optometrists, and projections indicate that the shortage will become critical within the next few years if steps are not taken to increase the supply of optometrists in this State. Attached hereto and made a part of this Report as Appendix A is a 1971 report documenting optometric manpower needs, and also attached as Appendix B is a 1974 update of the report. Appendix C is a table showing projected 1980 optometric manpower needs in the Southern States. Readers of this Report are urged to turn to these sources for detailed documentation to sup port the Subcommittee's findings. As an illustration of the information contained in these reports, however, these facts will be of interest:

1. In 1973, Georgia had 261 active optometrists for an average of 5.5 per

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100,000 population as compared to a national average of 9.1 per 100,000. Although the Southern Region is below the national average, Georgia compares unfavorably with other Southern States and ranks 46 in the nation.

2. In order to reach the national average by 1990, Georgia will need a net gain of 29 optometrists per year when, in fact, under current conditions Georgia may not expect to gain over 7 optometrists per year.

3. The foregoing needs are based on national averages when the American Optometric Association finds that the actual need is 14.3 optometrists per 100,000 which would require Georgia to net 45-50 new optometrists per year to reach the needed level by 1990.

While these statistics are disturbing enough, Georgia's situation is more cri tical than reflected by these facts. For example, if Georgia's current rate of enroll ment in optometric colleges continues, the State will actually lose optometrists so that by 1990 there will be only 228 for a ratio of 4.1 to 100,000.

There are only 12 colleges of optometry in the nation, and because of facts shown in the attached reports, Georgia may expect to drop below its current rate of enrollment of optometry students.

RECOMMENDATIONS

Because of its findings, the Subcommittee recommends that the Board of Regents give serious and immediate attention to the feasibility of establishing a college of optometry in Georgia. Ideally, the college should be established near the Medical College of Georgia to avoid unnecessary duplication of facilities and to coordinate faculty requirements. Moreover, the college of optometry would require a fairly large population to support its curriculum which also indicates a location near the Medical College of Georgia. While the Subcommittee believes that the facts clearly indicate a need for a Georgia College of Optometry and doubts that other effective alternatives would be available to satisfy the current and projected need for optometrists, Regents should be encouraged to explore all possibilities in addressing this critical problem. Attached hereto and made a part of this Report as Appendix D is a proposed joint resolution urging the Board of Regents to take the action indicated herein. The Subcommittee urges the full University System Committee to support and secure the passage of this resolution.

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APPENDIX A

OPTOMETRIC MANPOWER REQUIREMENTS FOR THE STATE OF GEORGIA:
ANALYSIS AND RECOMMENDATIONS
By
The Honorable Jack A. Wheeler, O.D. Representative, District 18
and
Carl L. Rosen, O.D., Ph. D., F.A.A.O. Technical Consultant

January, 1971

I. INTRODUCTION

In our world the one major invariant is the tendency for all things to change. Newness--the effect of change--is not defined by that which has not been before but is most often based upon qualitative and quantitative differences. Men of wisdom have always known of the inevitability of change. However, only men of courage and foresight can apply wisdom to anticipating and planning for change as well as for taking action to direct change for the welfare of the public.

This report, concerning both the present undersupply and the anticipated critical shortage of optometrists in the state of Georgia, is an example of an issue which men of courage, wisdom and foresight must face up to for the people of our state. The shortage is one critical aspect of a multifaceted and ever-growing crisis of national proportions in the health care field. The purpose of this report is to define, describe, outline and enumerate the nature of the problem and make those recommendations necessary for appropriate solutions. Indicators of this con dition are seen in the uneven distribution of optometrists and optometric-directed services, the rising costs of vision care, the growing delays in accessibility to the public of visual care, the continuation, if not expansion, of commercially domi nated optometric services, and the undersupply of specialized optometric profession als.

The rate of increase in the number of optometrists has, according to figures reported in a latter section of this paper, continuously lagged behind the rate of attrition of practicing optometrists and the rate of population growth. Yet demands for services have increased not only due to growing public awareness of the im
portance of good vision to children and adults, but also due to increased knowledge regarding the cruciality of preventative and curative services in the field of vision.

The present shortage of optometrists in the state of Georgia is also certain to become far more critical in the very near future as a result of the following impending developments.

(1) A significant population growth anticipated for the state of Georgia by 1980.

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(2) Increases in median family incomes for state residents; hence, demand for health services.

(3) Changes in the age composition of population of the state.

(4) Continuous inability of the present schools of optometry to adequately supply the state of Georgia with sufficient numbers of optometrists to meet future demands for services and refill ranks due to normal attrition.

(5) Continued increase in public awareness of the need for eye-care services.

(6) Development of private and public health-care insurance programs.

(7) Anticipated increases in governmental support for health-care to the needy.

(8) Anticipated future requirements for periodic vision tests for driver license renewal.

(9) Anticipated future programs for increased and qualitatively superior school and industrial vision screening and care programs,

(10) Increased public demand for specialized optometric services such as con tact lens work, visual training, pre-school and school oriented developmental vision, subnormal vision aids, etc.

II. EYE-CARE PROFESSIONS AND ACTIVITIES
A. Optometrists
The role of the optometrist, as defined by the Occupational Outlook Handbook (1), involves the examination of vision by means of a series of tests designed to assess the nature and extent of visual defects, to prescribe when needed, lenses, contact lenses and/or corrective procedures that do not require drugs or surgery. Optometrists, however, are also trained to detect the presence of pathological con ditions external to or within the eyes and to refer such conditions to medical spe cialists for professional attention. Optometrists are authorized to examine patients for certification for blindness under the Aid to the Blind Law. Optometrists are participating actively in the organization and management of vision care programs in industry and schools, as well as driver vision screening in various regions throughout the United States, including Georgia. While the vast majority of optometrists are in general practice (2) and hence concentrate in providing func tional vision care, a few of these professionals have specialized in various specific aspects of an expanding concept of the optometrists' professional activities,

Graduates of the various schools of optometry in the United States receive the degree Doctor of Optometry (O. D.) after completion of two years, pre-professional and four years of professional work of a six year program. The graduate must satisfactorily pass a State Board or a National Board examination to be licensed to practice in the state of his choice. More than half of all students entering the professional optometric program in a School of Optometry have earned at least one degree prior to entrance.

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One source (3) indicates that optometrists perform from 40 to 80 percent of the vision examinations (refractions) in the United States. A more conservative estimate from the Social and Health Care Trends Committee of the American Optometric Association states that some 65% of the refractions nationally are per formed by optometrists (4).

B. Medical Specialists
The role of physicians in the eye-care field is complicated by the fact that some three different groups specialize in care of the eyes. An ophthalmologist is a physician who has completed a three-year residency in one of many hospitals in the United States offering a program in Ophthalmology and who has passed an examination for Certification by the American Board of Ophthalmology. Since board certification is not required for practice, a second group of specialists con sists of physicians who have completed the residency program but have not been certified by the board for one reason or another. Medical specialists in this second group are sometimes referred to as oculists as compared to ophthalmologists, although the terms are sometimes used interchangeably. Eye, ear, nose, and throat specialists (EENT) represent the third group of physicians in the eye-care field. However, this specialization is not as accessible training-wise as it was in earlier periods in medical-care history, in spite of the fact that significant numbers of these medical specialists are practicing in different regions of the United States today. The emphasis in medical practice for the three groups is in the medical and surgical aspects of eye-care. However, many medical specialists in each of the three groups have active refraction loads and occasionally provide orthoptic (visual training) and contact lens services as well.

C. Other Groups
Several other paraprofessional groups provide crucial services to optometrists and medical specialists in the eye-care field. Two of these groups are mentioned briefly.

Opticians may either work as dispensers of prescriptions, providing services in frame selection, styling, fitting and dispensing or serve in an ophthalmic labora tory, filling prescriptions written for patients by optometrists, ophthalmologists, oculists, etc.

Optometric Technicians represent one of the newer concepts in paraprofessional development in the eye-care field. These workers perform widely diversified tasks in professional practices involving office management, visual training, optical laboratory work, contact lens procedures (instruction in contact lens hygiene, care, placement, removal, etc.), visual screening, frame dispensing and styling. A twoyear college program in Optometric Technicianry is offered, an example of which can be found from a brochure of the Southern College of Optometry (5). Present indications are that the use of auxiliary personnel will continue to increase in the future.

III. DEMAND FOR EYE-CARE

A. Population Growth
An estimate of the population of the state of Georgia in 1965 was provided by Mote (6) to be 4,357,000 with an estimated growth to 5,394,000 by 1980.

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Subsequent projections enlarge the 1980 figure to 5,563,000. These population growth figures for Georgia for the period 1956 to 1980 indicate a 24% projected population increase. A 17% growth in population is anticipated from the period 1970 to
1980.

B. Incidence of Eye Defects
Various estimates are available concerning the percentages of citizens requiring eye care nationally (7). Some suggest, for example, that 47% of the general population should be considered in need of professional eye care due to the presence of eye defects. The National Eye Research Foundation claims that 65.7% of the national population in 1967 required visual corrections (8). The Better Vision Institute has presented data suggesting that 58% of the national population required care in the early 1960's due to such factors as lenses that required changes, undetected but correctable vision defects, need for periodic rechecks to insure that corrections were still adequate, and individuals who had never had an eye examina tion (9).

Separate figures are available on a national basis regarding the differential incidence of eye defects by age (10). Table I (see Appendix) shows the Birchard and Elliott estimate of visual defects by age.

These data concerning the prevalence of visual impairments could be applied to obtain information on past and projected eye care needs for the state of Georgia. Application of these data to the state of Georgia suggests that in 1965 probably more that 2,047,790 residents (47%) and not more than 2,862,549 residents (67%) had eye care needs requiring professional services. Projecting these estimates for the percent of population with visual problems to 1980 population figures, the prediction is that somewhere between 2,614,610 to 3,654,891 Georgia residents will require eye care services. Based upon the Birchard and Elliott breakdown of visual problems by ages, the range of needs will be between 11% for per-schoolers to 93% of the population above the age of 65 years requiring eye care.

If visits for professional eye care are necessary every other year, as suggested by some professional eye care workers, then of the approximately 2,450,000 (averaged) persons in Georgia who had visual problems in 1965, about 1,225,000 would have had to be served that year. Of the 3,134,000 (averaged) persons esti mated to have visual defects in 1980, approximately 1,567,000 would require serv ices that year, if the assumption of eye care every other year is applied. This assumption is unsatisfactory, however and hence should not be fully accepted since such factors as the nature, severity and hence professional needs of persons with various types and degrees of eye defects must be considered before such arbitrary notions of the number of visits to an office are made.

C. Supply of Eye-Care Professionals
Pennell and DeLong (11) report that approximately 18,000 optometrists held licenses in the United States and were active in the profession as of December, 1968. The report is based upon data from The Blue Book of Optometrists (12). There is, however, some question as to the exact figure of full-time, active, practic ing optometrists due to such factors as retirement, attrition due to other causes, military service, and optometrists licensed in several states and being counted

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more than once. This figure is useful, however, as an estimate of the population of practicing optometrists.

The American Association of Ophthalmology estimated that there were 8,240 ophthalmologists in the United States in 1964 and 8,053 in 1967 (13). Applying
these figures to the state of Georgia, one could conclude that the 280 optometrists in Georgia in 1969 account for slightly more than 1.5 percent of the optometrists in the nation and that approximately 144 ophthalmologists (estimated) in Georgia in 1969 account for 1.8 percent of the nation's ophthalmologists. Based upon the 1965 population estimate of 4,357,000 persons residing in Georgia, compared to an approximate population of 180,000,000 in the nation, Georgia's percent of the U. S. population is 2.4. On the basis of the 1965 figures, the number of optometrists and ophthalmologists in the state of Georgia accounts for a disproportionately smaller number of both group of eye-care workers compared to the percent of Georgia population in relation to the nation as a whole.

Pennell and DeLong (14) present data indicating that of the various regions
in the nation, the South has the lowest relative supply of optometrists with a rate of 6.4 optometrists per 100,000 civilian population. Georgia's rate is below the regional figure for the South with a rate of 5.8 optometrists per 100,000, excelling only Louisiana, Mississippi and Alabama. Georgia ranks 4th from the bottom among the 50 states in availability of optometric manpower as of 1968 (15).

The American Optometric Association (AOA) considers the optimum optome trist-to-population ratio to be 1 per 7000. Birchard and Elliott's (16) estimate of 1 per 7500 is based upon estimates of population having correctable visual defects related to the desirable frequency of case studies. For the purposes of calculation the AOA figures will be used in studying Georgia's optometrist-to-population ratio further. With 280 optometrists counted by Mote (17) in 1969 vs. the 1965 census figure of 4,357,000 Georgia residents, Georgia's rate is 1 per 15,560 persons--far below both the above mentioned recommendations.

A national health survey (18) conducted during this same period indicated that a maximum of 14.9% of the non-institutional civilian population received professional eye care. A low figure compared to the estimated 47% to 66% of the population requiring such care. Assuming that this figure is accurate and could be applied to Georgia, this would suggest that roughly 639,293 persons residing in Georgia in that period of 4,357,000 residents might have received eye care, apply ing these data to our state. Of the approximately 2,450,000 residents estimated to have required eye care, approximately 810,717 would not have been able to receive such care based upon the estimate of only 14.9% of the national population receiving care. That this number is probably an underestimate for Georgia can be shown by noting the fact that the 14.9% of people receiving such care is a national figure and has not been adjusted to the significantly lower optometrist-to-popula tion rate for Georgia. It is more than likely, therefore, that a far smaller percent of residents of Georgia received eye care than the national estimate as low as the 14.9% figure appears to be. These figures also do not reflect the 17% increase in population anticipated for the state of Georgia between the period of 1970 to 1980. With a population of 5,394,000 residents expected by 1980, Georgia will have a projected population of 2,614,610 to 3,654,891 residents who will require some kind of eye care. According to Mote (19) the number of optometrists needed by Georgia to realize the 1 per 7000 optometrist-to-population ratio, as well as to account for the 3% attrition rate (20), is 570 additional optometrists--somewhat more than double the currently estimated number of practicing optometrists in the

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state. Even with a less ideal optometrist-to-population ratio, such as 1 per 9000, as well as an attrition rate estimating but half the loss in optometric manpower, would result in the need for 350 additional optometrists by 1980. While optometrists perform some 65% of the nation's visual examinations, ophthalmologists and other
physicians also contribute significantly in this area. While the writers do not have access to projected growth in the number of medical specialists in Georgia, over and above the 144 in the state as of 1965, these workers cannot be discounted entirely. Data concerning projected numbers of ophthalmologists and oculists for the state are not, however, included in this report.

It can be noted from Table II (see Appendix) that Georgia will require 570 additional optometrists in 1980, over and above the current 280--a total of 850 optometrists--to meet the optometrist to population ratio of 1 per 7000 which is the AOA recommended ratio. If Georgia is to make an improvement over the present ratio in 1980 by moving to 1 per 9000, the state will require a total of 630 optome trists or 350 over the current number of 280.

D. Sources of Supply of Optometrists
In 1970 there were eleven Colleges of Optometry in the nation, 6 of which were unaffiliated with state Universities and 5 of which were public supported schools within state Universities. The six private schools are

(1) The Illinois College of Optometry

(2) The Massachusetts College of Optometry

(3) The Los Angeles College of Optometry

(4) The Pennsylvania College of Optometry

(5) The Pacific University College of Optometry in Oregon

(6) The Southern College of Optometry in Memphis, Tennessee.

The publically supported schools are

(7) The Ohio State University College of Optometry

(8) The University of California at Berkeley School of Optometry

(9) The Division of Optometry in the College of Arts and Sciences, Indiana University
(10) The College of Optometry at the University of Houston in Texas

(11) The School of Optometry in the Medical Center of the University of Alabama in Birmingham.
On May 19, 1970, the governor of the state of New York signed into law a bill creating the New York State College of Optometry in the State University of New York bringing the count of schools of optometry to 12 (22).

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All Schools and Colleges of Optometry have a full six-year program, the first two years consisting of pre-professional work involving basic science as well as liberal arts which is prerequisite for admission to the professional optometric curriculum. The first two years of optometric education consists largely of class room and laboratory instruction. The last two years involve concentration on clinical instruction and practice.

The majority of optometry students derive from white middle-class families with parents mostly engaged in non-professional occupations. Of the 2197 students enrolled in the Schools and Colleges of Optometry in the academic year 1968-69, 104 students were from minority groups in the United States (16 Black, 24 Mexican descent, 2 American Indians, 62 Asian descent).

Most important of all, for the purposes of this report, however, is the fact that the primary geographic source of students entering each of the Schools and Colleges of Optometry is the state in which the school is located. While the ten fully active colleges serve the nation as a whole, they tend to have the heaviest concen tration of students from the state in which the school is located. The two schools in California, for instance, drew 75% of entering optometry students from the state of California. Ohio State University, Indiana University and the University of Houston Schools each drew heavily from students within their respective states. Five of the six private schools had relatively fewer in-state students (23). These data are probably suggestive of a strong economic basis for student selection of a School of Optometry.
Pennell and DeLong (24) point out that the school-connected costs for firstyear students in the academic year 1969-70 ranged from $630 to $2208. The figures consist of tuition, fees, books, supplies and equipment. Data tabulated from the National Institute of Health (25) provide detailed breakdowns of costs by residents and non-residents for tuition, fees, books and supplies and equipment. The average cost for a student to attend a College of Optometry for one academic year is probably at least $1000 more than the figures cited above when living expenses are considered. The economic aspects of attending a school or College of Optometry is probably strongly related to the choice of a school for a potential optometry student. Along with fees, tuition, books, etc., there probably is a heavy influence of a school's geographic location (in terms of its proximity to the student's state of residence) as judged by the data from the English report (27). Table III (see Appendix) presents data demonstrating the influence of the presence of a School of Optometry in a state on the percentage of student enrollment attending that institution from the state itself. Each of the eight states listed with one or more Schools of Optometry drew significant proportions of total students of Optometry from their state to their particular institution. Indeed, an average of 87% of optometry students whose native state had an optometry school in 1969-70 attended the school located in their state.
Table IV (see Appendix) presents data on the 1969-70 enrollment of optometry students native to the Southeastern region of the nation. It can be seen from this table that some 99% of Tennessee optometry students and 90% of Texas' optometry students attended the Schools of Optometry available to them in their native states.

Optometry students in the Southern states also tended to enroll in the school of optometry that was closest to their own state as is seen by the figure of 58% for students from Louisiana who were enrolled at the University of Houston. In short, these data from Table IV dramatically reveal that for each state in the

INTERIM COMMITTEE REPORTS

4261

Southeast, the greatest proportion of optometry students by far attended the two institutions most accessible to them geographically--Southern College of Optometry in Memphis and the College of Optometry at the University of Houston. On the average, the greater majority of the optometry students (60%) from the Southeast attended Southern College. A far smaller proportion, on the average, attended the school in Houston (24%) which is less accessible geographically. Pennsylvania College of Optometry in Philadelphia appeared to be attended by the majority of the students from the South who attended schools other than Southern College and the University of Houston. This represents but 17% (67) of the 389 students from the Southeast attending Schools of Optometry in the period 1969-70.

English (28) presents data ranking states in the nation by the number of optometry students who are native to each state, showing an 8 year trend from 1961 to 1968. These data can be seen from Table V (see Appendix) in this report. This table reveals that between the period 1961 to 1964, Georgia shows a decline in the number of state residents enrolled in schools of optometry of 12 students, an almost 50% drop. This decrease has not been improved upon in any significant manner during the subsequent period, 1964 through 1968.
Further analysis of Table V also reveals that Georgia ranks 12th from the bottom among the states in the nation in terms of numbers of Georgia residents in Schools of Optometry. Only 14 students from the state are noted to be enrolled in two schools of Optometry. Pennell and DeLong (29) point out in Table VI that in the South where there are relatively more (34%) young people (age 18-20) than in other regions of the nation, there are fewer optometric students, in spite of the fact that the region has the lowest optometrist-to-population supply.

All data available suggest that the number of optometrists nationally has remained relatively constant rather than increasing for many years, ranging from 20,000 to 21,000 with about 18,000 actively practicing as of December, 1968. It is anticipated that by 1980, this figure will increase to about 22,000 (30). This how ever, represents only a slight increase of the ratio of optometric manpower to population from a rate of 8.9 per 100,000 in 1968 to 9.3 per 100,000 in 1980 and is probably far from being representative of the situation for Georgia in spite of presenting a pessimistic picture nationally as well.
In Georgia with 280 optometrists being counted in 1969 and with a needed projected estimate of 350 to 570 additional optometrists by 1980 (to provide eye care for the 17 to 24% population growth anticipated) the number of active optometrists for 1980 would have to be more than doubled to meet these manpower requirements.
Peters (31), an optometric educator at the University of California School of Optometry, has concluded among other things that the currently planned ex pansion of several schools of optometry in California will not provide the man power to even preserve existing ratios of optometrists to population in that state which ranks far higher than Georgia in current optometrist-to-population ratio, as well as in students enrolled in School of Optometry.
The enrollments of students in Schools of Optometry, based on the 8 year trend by English (Table V) is far more than pessimistic in terms of a projection of optometrists for 1980. Georgia, with only 14 students native to the state enrolled in Schools of Optometry in 1968 and with a need to double the number of optome-

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JOURNAL OF THE HOUSE,

trists by 1980, faces a severe shortage of these professionals unless immediate steps are taken. Pennell and DeLong's (32) figures on the number of optometry students projected into the late 1970's of 3400 corroborates the previous estimate of only an approximate increase of 6% to 8% in the late 1970's through 1980. With an annual rate of attrition (33) of 3%, this rate of so-called growth is far more suggestive of a critical shortage. Indeed, the figures of the Southern Research Institute (34) of a potential yearly increase of 2.2% new optometrists indicates that as many as 625 new graduates are needed yearly just to replace those who leave the ranks of practicing optometrists, no less to meet increasing population growth. Based upon the estimated 21,000 total practitioners by 1980 or 4000 additional professionals, the 460 new optometrists yearly is hardly enough, yet all that can be expected from the existing schools as matters now stand. The nation's Schools of Optometry are almost always filled to capacity and generally turn away two applicants for each one accepted.

IV. SUMMARY AND CONCLUSIONS
At a time when there is an increasing demand for optometric services which are not readily accessible to the residents of Georgia, there is an ever-burgeoning, growing shortage of optometrists and auxiliary personnel essential to providing eye care to all who require it.
Georgia's population growth from the period 1970 to 1980 is projected to be 17%. On the basis of calculations, 47% to 66% of this population, some 2,614,610 to 3,654,891 will require eye care services in 1980. While the current numbers of optometrists-to-population in the state places Georgia 4th from the bottom nation ally with a rate of but 5.8 optometrists per 100,000, only 14 Georgia residents were enrolled in Schools of Optometry in 1969-70. With as few as 14 students native to Georgia enrolled in optometry schools, the state should be adding some 350 to 570 additional optometrists by 1980 to provide 1 optometrist per 9000 or 1 optome trist per 7000 population respectively. At present, the ratio is only 1 per 15,560 persons.
At the present time, the 14 enrolled optometry students native to Georgia account for less than 1% of the 2200 optometry students enrolled in the 11 Schools of Optometry. Data has also been presented demonstrating that the primary geographic source of students entering Schools of Optometry is the state in which the school is located. States which have a School of Optometry consistently have a high proportion of students resident to that state, and hence a superior optometristto-population ratio in general than states that do not have such an institution for professional training.
Because of the middle-class and lower socio-economic background of optometry students in general and the relatively high costs of optometric education, the presence or absence of a school in a state appears to unequivocally be a pivotal factor in recruiting young people into the profession.
The South with the largest proportion of young people in the nation and the lowest proportion of optometrists per population, has the lowest rate of students attending Schools of Optometry in the nation. It can be reasoned with only one school of Optometry actively functioning in Memphis and a new school in Birming ham, Alabama, much more could be accomplished with additional training facilities located in the South, one of which should be in the state of Georgia.

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Indeed, the steady drop in the number of optometry students native to Georgia over an 8 year period might only be alleviated by immediate steps such as these to provide encouragement for young people to enter the profession of optometry.

All data available support the conclusion that the present Schools of Optometry will be unable to train and graduate sufficient numbers of optometrists, not only to
meet the nation's needs but to meet Georgia's needs as well. The rise from 18,000 to 22,000 anticipated optometrists by 1980 indicates an increase of only 4000 in the next 10 year period or approximately 400 to more new optometrists yearly.
With an attrition rate of 3% annually, as many as 600 or more new optometrists are required as replacements, yet the projected state and national population growth requires more than double this number.

The current Schools of Optometry, while involved in efforts to expand the number of students being graduated, are almost always filled to capacity. Prom all reports they will be unable to meet the demand for additional optometric man power. As a result, the ratio of optometrists-to-population in Georgia will rapidly decrease as population and demands increase, unless immediate steps be taken.

Aside from the numerical aspects of optometric professionals to meet projected demands for service in the State of Georgia, changes in the qualitative nature of services are also necessary and predictable. These changing forces will also in fluence the supply-demand continuum. Among the trends of the future, the following are cited--the development of health insurance programs; increased support of health-care for the aged and needy; anticipated future requirements for periodic vision testing for drivers' license renewals; anticipated increase in demand for school and industrial vision services of optometrists; and increased public demands for all forms of specialized optometric services (contact lense, visual training, per ceptual development, pre-school and school vision hygiene, subnormal vision aids, etc.)

V. RECOMMENDATIONS
On the basis of the data presented, it is evident that, while at the present time, large numbers of Georgia residents in need of eye care are not receiving it, even larger numbers in the future will not find such services readily available to them, unless the state itself takes the initiative to develop its own plan for producing optometrists for the people of Georgia.
A. Without any doubt, there is unequivocal evidence to support as a major recommendation immediate development of a School of Optometry for the State of Georgia. This appears to be a primary priority towards alleviating the severe shortage of these professionals. It has been estimated (35) that if 5 states would actually institute new schools, it would take 10 years before they could add 250 optometrists to the profession.
B. Because of this, the following strategy is recommended for immediate action in the development of a School of Optometry for our state.
(1) Commitment of funds and legislative recommendation to Board of Regents for the establishment of a School of Optometry, if feasible by the 1971-72 academic year.

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(2) Recruitment and appointment of a Dean and Associate Dean for the school.
(3) Planning and developing of basic science and clinical facilities.
(4) Design and submission of grant supplement application for education and research building.
(5) Design and submission of grant supplement application for clinical services facility.
(6) Recruitment and appointment of faculty for tentative curriculum develop ment.
(7) Recruitment and appointment of Department Chairman, other faculty and auxiliary workers.
(8) Curriculum development, clinical facilities inaugurated, securing pro visional accreditation.
(9) Curriculum adjustments and evaluation.

C. The School of Optometry projected for the state of Georgia should have a significant influence of an immediate nature in adding to the supply of optometrists to the state and Southeastern region as well as providing leadership for innovative pre-professional, professional and post-graduate training. Training programs and continuous education for auxiliary optometric personnel, such as opticians, technolo gists, aids and orthoptists should be developed as well, so that it will be possible for the optometrist to provide services to more patients and also improve and the quality of professional eye care.

D. The School of Optometry for the state of Georgia should become active in the creative identification and recruitment of able students throughout the state and region.

E. Innovations through research and clinical practice should have widespread positive effects for the public welfare in the field of eye care by developing specializations in the field of optometry, newer models for group and inter-profes sional practices, forward development and enlargement of paraprofessional groups within the eye care field through the establishment of training programs and creative approaches to providing eye care to the rural and urban needy.

F. The School of Optometry should develop researchers and teachers for the optometric profession and should contribute towards the expansion of knowledge in visual hygiene, screening, child development, perception, learning and clinical practice.
G. Because of the need for adequate numbers of clinical patients, for the proper training and experience of optometry students, and due to the high con centration of population in the city of Atlanta, as well as the resources available in this great city, it is recommended that serious consideration be given to Atlanta as the site for the School of Optometry. Atlanta's location as transportation center

INTERIM COMMITTEE REPORTS

4265

for the South, as well as its many other resources, such as universities, colleges, hospitals, etc. makes it ideal for the location of such a professional school.

In the introduction to this report, the writers commented that the planning for change calls for men of wisdom and foresight. The initiation of change calls for courage and commitment. The writers can only conclude these remarks by pointing to the proud history of the state of Georgia; its outstanding role as a major state in the South is due to its people and leadership. We are, therefore, confident that they will respond to this challenge with wisdom, foresight and courage.

VI. REFERENCES

1. Occupational Outlook Handbook, 1966-67 Edition. Washington, D. C.; United States Department of Labor, 1967. p. 108.
2. Haffner, Alden N. "Specialization in the Profession of Optometry and its Recognition by Certification," American Journal of Optometry & Archives of American Academy of Optometry, XLV, June, 1968, pp. 394-404.
3. Birchard, Clifton H. & Theodore F. Elliott. "Economic Trends in Health Care," American Journal of Optometry & Archives of American Academy of Op tometry, XLIV, March 1967, p. 177.
4. Social & Health Care Trends Committee, American Optometric Association (as quoted by Birchard & Elliott, p. 177).
5. Optometric Technician. Memphis, Tennessee: Southern College of Optometry.
6. Mote, Herbert G., College of Optometry, Ohio State University, 1969.
7. Southern Research Institute. The Demand for and Supply of Professional Re fractive Eye Care Services for Florida. Final Report to Southern Council of Optometrists, Project 2135, Report 3, Southern Research Institute, Birming ham, Alabama, October 18,1968, p. 5.
8. National Eye Research Foundation. Eye Disorders -- America's Most Critical Health Problem. Chicago, Illinois, 1967.
9. Better Vision Institute. "Trends in Public Expenditures for Eye Care," Op tometric Weekly, March 7,1963.
10. Birchard & Elliott (see #3), p. 175.
11. Pennell, M. Y. & M. B, DeLong. "Optometric Education and Manpower," Journal of the American Optometric Association, XLI, November, 1970, p. 952.
12. The Blue Book of Optometrists, 1968. Chicago, Illinois: Professional Press, Inc., 1968, p. 68.
13. Survey of the Need for Ophthalmic Assistants. Washington, D. C.: American Association of Ophthalmology, circa 1967.
14. Pennell & DeLong (see #11), p. 955.
15. U. S. Dept. of Health, Education and Welfare, Public Health Service, National Center for Health Statistics. Health Resource Statistics, 1969, PHS Publ. # 1509, Washington, D. C.: Government Printing Office, 1970.

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16. Birchard, C. H. & T. F. Elliott. "A Reevaluation of the Ratio of Optometrists to Population in the United States in the Light of Socio-Economic Trends in Health Care." Boston, Mass.: Massachusetts College of Optometry, August, 1963.
17. Mote, Herbert (see #6).
18. "1964 Economic Survey Report #3," Journal of American Optometric Asso ciation, XXXVII, June, 1966, pp. 568-70.
19. Mote.H. G. (see #6).
20. Koetting, Felix (see #4).
21. Koetting, Felix (see #4), p. 177.
22. Pennell & DeLong (see #11), p. 942.
23. Pennell & DeLong (see #11), p. 949.
24. Pennell & DeLong (see #11), p. 952.
25. National Institute of Health, Bureau of Health Professions, Education and Manpower Training, January, 1970.
26. English, J. F. Optometry Student Enrollment, 1969-70. Association of Schools and Colleges of Optometry.
27. English (see #26), p. 4, 5.
28. English (see #26), p. 3.
29. Pennell & DeLong (see #11), p. 951.
30. National Institutes of Health, Bureau of Health Professions, Education and Manpower Training, Division of Allied Health Manpower.
31. Peters, H. P. & R. N. Kleinstein. "The Availability of Optometric Manpower in California," American Journal Optometry & Archives American Academy of Optometry, XLV I, April, 1969, pp. 283-93.
32. Pennell & DeLong (see #11), p. 945.
33. American Optometric Association, St. Louis, Missouri.
34. Southern Research Institute (see #7), p. 46.
35. Wheeler, J. A. Required Time to Receive a Medical, Dental and Optometric Degree. A Report to the University System of Georgia Committee, General Assembly, State of Georgia, July, 1969, p. 5.

APPENDIX TABLE I

BIRCHARD & ELLIOTT

ESTIMATE OF INCIDENCE OF VISUAL DEFECTS IN NATIONAL POPULATION BY AGE BY 1970 - 1980

AGE

% HAVING VISUAL DEFECTS

0-4 years

11

5-19 "

29

20 - 39 "

41

40 - 49 "

60

50 - 65 "

81

over 65 "

93'

INTERIM COMMITTEE REPORTS

4267

TABLE II
SUPPLY OF OPTOMETRISTS IN 1969 COMPARED TO PROJECTED DEMAND
IN 1980

1000
Number of 800 Optometrists
600
400
200
0

280 1/15,560
1965

State Population 4,357,000

850 1/7000
630 1/9000
1980 State Population 5,563,000

TABLE III
PERCENT OF TOTAL STUDENTS OF OPTOMETRY FROM A STATE WITH A SCHOOL OF OPTOMETRY ENROLLED IN THAT INSTITUTION

State California Illinois Indiana Massachusetts Ohio Oregon Pennsylvania Tennessee

Total Optom. Students from
State 1969-70
272
119
94
73 164
61
136
45

# Students Attending School Within
State 249
71 87
64
130
59 119 44

% Students Attending School Within
State
91
60 93
88 79
97
88 99

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TABLE IV
1969 - 1970 ENROLLMENT OF OPTOMETRY STUDENTS FOR SOUTHEASTERN STATES
BY OPTOMETRY SCHOOLS ATTENDED

State
Alabama Florida Georgia Kentucky Louisiana Mississippi North Carolina South Carolina Tennessee Texas Virginia

Total # Opt. Students 1969-70
11 133 14 14 12
8 24 27 45 86 15

Attending SCO
#%
8 73 69 52 10 71 6 43 5 42 7 88 11 46 20 74 44 99 78 6 40

Attending U. Houston
#% 00 23 17 4 29 3 14 7 58 1 12 6 25 14 11 77 90 2 13

Attending Other
#% 3 27 37 31 00 5 43 00 00 7 29 6 22 00 22 7 47

INTERIM COMMITTEE REPORTS

4269

TABLE V

RANKING OF STATE BY OPTOMETRY STUDENT ENROLLMENT

California New York Ohio Pennsylvania Florida Indiana Illinois Texas Michigan Massachusetts Oregon New Jersey Kansas Tennessee Oklahoma Wisconsin Washington Missouri Connecticut Iowa Arkansas South Carolina Minnesota Maryland North Carolina Nebraska Montana North Dakota Virginia Idaho Kentucky Georgia Maine Louisiana Colorado
Nevada West Virginia
Alabama South Dakota
New Mexico

Fall Semester 1968 1967 1966 1965 1964 1963 1962 1961

272 278 271 243 197 180 172 158 247 190 203 171 134 119 92 84 164 148 107 110 104 108 100 78 136 121 111 100 92 63 56 44

133 115 94

84

68

64

56

52

94

79

80

82

64

59

59

50

88 84 66 60 58 50 52 45

86 69 60 60 65 56 55 50

77

72

67

51

54

40

33

32

73 78 68 76 50 45 49 48

61

68

65

54

68

51

39

33

61

49

51

40

27

22

18

20

48 44 43 45 39 36 36 33

45

37

34

52

48

38

28

28

41

37

42

33

31

28

28

36

40 32 32 22 24 13 10

8

36

28

30

27

19

15

21

24

34

31

28

21

12

16

18

17

33

28

26

23

19

13

14

12

32

30

30

33

35

38

39

32

27 22 19 22 31 25 16 10

27 14

5

5

4

5

7

7

26

26

22

20

20

25

17

10

24

25

31

34

32

17

17

12

24

22

26

30

23

21

22

22

24 22 24 18 19 20 20 19

19

20

16

19

16

16

15

15

18

18

21

16

19

17

16

14

15

14

16

15

15

17

14

18

15

10

8

6

5

4 12

8

14 12 14

9

8

6

11

10

14 14 13 12 11 17 22 23

13 11 11

9 13

8

7

8

12

15

13

12

12

13

11

14

12

7

9 10 14 12 10

6

11 11 10

6

5

3

2

3

11

11

17

22

17

15

9

8

11

10

7

9

8

7

9

14

11

4

5

5

9

6

8 13

11

9

9

5

4

3

3

3

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Rhode Island

10 10 10

5

9 12 10 15

Vermont

9

6

8

8

3

2

1

1

Mississippi

8 10 11 11 10

8

6

5

Arizona

8

8

8 10

8

8 13 11

Hawaii

7

8 10

6

7

6

6

6

Wyoming

5

4

6

4

3

3

6

5

Delaware

5

4

5

5

4

3

4

2

Alaska

4

4

3

4

4

0

0

0

District of Columbia

2

2

1

2

2

2

5

1

Utah

1

2

5

9

7

9

7

4

New Hampshire

1

2

5

6

3

5

3

4

TOTALS

2200 1975 1876 1741 1553 1379 1284 1173

FROM: English, James F. Association of Schools and Colleges of Optometry, 1969-1970.

TABLE VI
REGIONAL DISTRIBUTION OF OPTOMETRIC STUDENTS AND OPTOMETRISTS FROM PENNELL & DE LONG

Region
U. S. A. Northeast North Central South West

Total Optometric
Students
100% 26 30 23 21

Population Ages
18-20 Yrs.
100% 22 27 34 17

Optometrists Per 100,000 Civilian
Population
8.8 9.2 10.0
6.4 10.6

INTERIM COMMITTEE REPORTS

4171

TABLE VII
COMPARATIVE AGE DISTRIBUTION OF GEORGIA OPTOMETRISTS AND OPHTHALMOLOGISTS (Through Age 77)

Age Optometrists Ophthalmologists

26.-......-- 1 --.--------.-- 0

26--------- 3 ------. ---- .... 0

27-- .---- 1 --.-- ....----.... 0

28----.-- .. 2 .... ,, ..... 0

29-- ...... 2 ------.

0

30------ .... 4 -- ---. -- 2

31------....... 5 .-..._.. -------- 0

32------....... 6

....--.... 0

33------....... 2 ..............--.... 3

34---------- 5 ------.-------- 5

35------ - 4 .... ------. .. 5

36------..._... 5 ------------- 8

37------....... 2 ....--.-------- 5

38------.---- 4

--------. 4

39------....... 4 ------.-------- 1

40---------- 7 ....-------------- 1

41---------- 7

--------. 6

42... ..----12 ----- --------. 4

43---- ----11 ------_.-.----... 4 44----------10 ....------------ 2 45- ----10 ---------------- 5 46------.----13 --------------. 6 47---------- 9 ------. ------ 3

48----------11 ---- ... .......... 2

49----------11 ----..-------- 3

50------ - 5 .. .

2

51..-------- 8 ----. ...----- 3

Age Optometrists Ophthalmologists

52............... 12

53......... 5

.... ---- 5

54------ .... 7 .....--..

4

55------ 5

.... ..... 6

56.......----. 6 -------- ---- . 2

57----..---- 3 -------- .----. 6

58---------- 5 ... ----

1

59---------- 3 ----........---- 4

60----------. 5 ----.....------ 4

61---- _ ..... 4 ......----

1

62----.. 4

------.. 2

63............ ... 2 ._------...... 3

64..--..--- 1 --.---- ....._,, 4

65----------. 0 ... ----. -------- 3

66---- 1

3

67---------- 0 --------......---- 4
68-------- 1 --------.--. 2

69------ ... 2 ---- ...------. 0

70.----. ..... 0 ----......... ---- 0

71------ 1

2

72------ ..... 0

0

73------....... 0

-------- 2

74----....._ 0

------ 2

75-----........ 0 ------... ----. 0

76------ ---- 0

----..... 1

77-------- 1 .__---------- 0

Recent studies have shown the average age of optometrists in Georgia to be 47 compared to 50 for ophthalmologists. Opthalmologists start practice later in life and there are only two under age 34 in Georgia. On the other hand, there are a total of 26 optometrists under age 34. The median age of optometrists is approxi mately 47 with the age 50 the median for opthalmologists. There are 23 M.D.'s in the eye field over 65 as compared with 7 optometrists.

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APPENDIX B

1974 UPDATE FOR
OPTOMETRIC MANPOWER REQUIREMENTS FOR THE STATE OF GEORGIA:
ANALYSIS AND RECOMMENDATIONS

November, 1974

I. INTRODUCTION
Since the compilation of the report entitled "Optometric Manpower Require ments for the State of Georgia: Analysis and Recommendations" almost four years ago, a number of new developments have taken place which should be re ported in order to bring that study up to date. Matters to be considered in this supplement include more current information on the optometric manpower situation in Georgia and the way in which recent significant actions on the state and national level will affect the future manpower requirements and potential supply for Georgia.
II. DEMAND FOR EYE CARE AND SUPPLY OF OPTOMETRIC MANPOWER
Georgia's population in 1973, according to the estimate used by the U. S. Department of Health, Education, and Welfare, was approximately 4,720,000. By the year 1990, this figure is expected to rise to about 5,598,000. Using the Better Vision Institute suggested percentage of 58% as the portion of the population requiring some sort of vision care, it can be estimated that the number of Georg ians needing such care in 1990 will be 3,247,000. And, assuming that a visit to an eye specialist is only necessary every other year, the total number that might actually be expected to require a vision examination that year would be about 1,623,500. However, as noted in the original report, this assumption is highly suspect and, so, this number is probably an underestimate.
Of course, only under ideal circumstances would everyone needing vision care actually seek it. However, some recently adopted state and national programs render it certain that more Georgians than ever before will be seeking vision examinations and other forms of vision care services. These programs include mandatory driver re-examination, pre-school visual screening, Medicaid, and vocational rehabilitation. These four programs alone will result in vision checks and examinations for some 3,000,000 Georgians within just the next few years: 2,250,000 drivers; 125,000 first-graders; 465,000 Medicaid recipients, and 60,000 vocational rehabilitation recipients.
According to data provided by the Division of Manpower Intelligence, Depart ment of HEW, Georgia had a total of 261 active optometrists in 1973--an average of 5.5 per 100,000 population or 1 optometrist per 18,000. Table la of the appendix shows how this compares with the ratios in other Southern states and how it ranks nationally. While all of the Southern states had figures below the national average of 9.1/100,000, Georgia's ratio compared unfavorably even with the low ratios in this region. And, Georgia placed a poor 46th in the national ranking.

INTERIM COMMITTEE REPORTS

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Further evidence of the deficiency in optometric manpower in Georgia is pro vided by the Bureau of Health Resources Development, Health Resources Ad ministration, Department of HEW. That Bureau has drawn up a list of areas it considers to have a critical shortage of optometrists. In 1973, of the 159 counties in Georgia, 66 were judged to be Critical Shortage areas.

Georgia is currently far behind the nation and the region in optometric man power, and a large proportion of its counties are critically short of vision care specialists. When one adds these facts to the above-mentioned expanded demand for eye care services which will take place in the near future, it becomes quite apparent that steps should be taken to bring more optometrists into the State. In order for Georgia to achieve the national average of 9.1 optometrists per 100,000 population in the year 1990, a total of 510 active optometrists will be required. Taking into consideration death, disability, and retirement of currently practicing optometrists, an average of 29 new optometrists must be brought into the state each year in order to produce this total. And, if the ratio recommended by the American Optometric Association of 14.3/100,000 is to be achieved in 1990, 800 optometrists will be needed, necessitating an addition of 45-50 new optometrists
each year.

III. SOURCES OF SUPPLY OF NEW OPTOMETRISTS
By far, the chief source of new optometrists for Georgia is the graduation of Georgia residents from the twelve colleges, and schools of optometry in the nation. In the 1973-74 school year, 34 Georgia students were enrolled in optometry schools. According to American Optometric Association estimates, about 28 of these can be expected to graduate over the next four years, for an average of about 7 each year. Therefore, if current enrollment trends were to continue, Georgia would only get about one-fourth of the new optometrists it requires in order to reach the national average optometrist/population ratio by 1990. Since this is the major source of new optometrists, there is no chance of making up the difference in other ways. In fact, according to the AOA, if this rate continues, Georgia will actually lose more optometrists by death, retirement, and disability each year than it will gain, so that by 1990 the State will only have 228 practicing optometrists for a ratio of 1/24,553 or 4.1/100,000. This ratio is lower than any to be found in the United States in 1973.

The current rate of enrollment of Georgia optometry students is entirely inadequate for future needs. Therefore, it is potentially disastrous for the State that the enrollment rate is almost certain to drop severely over the next few years. The reason for this is the financial burden which optometry schools face as a result of the drastic increase in the cost of educating an optometrist and as a result of recent cutbacks in federal aid to the schools. In order to remain open, some private schools are being forced by lack of funds to merge with state-sup ported institutions. Also, many schools are being forced to cut back on enrollment. Both of these developments mean a reduction in the number of Georgia students in these schools. Firstly, since state-supported schools have an obligation to give priority in admissions to students from that state, it will be more difficult for Georgians to find openings in these institutions. Secondly, the cutbacks in enroll ment at some institutions will affect admissions of Georgia students for obvious reasons of lack of openings. A case in point is the Southern College of Optometry in Memphis. Over half of the optometrists practicing in Georgia in 1973 were graduates of this school. In the near future, for reasons of financial necessity, Southern College may merge with the Tennessee state university system; addi tionally, enrollment will be halved. The results for Georgia could be severe.

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At present, Georgia is acting to partially alleviate the danger to future vision
care in the State by participating in a program sponsored by the Southern Reg ional Educational Board wherein states without optometry schools enter into contracts with regional optometry colleges, paying a certain amount in exchange for a guaranteed number of admissions of qualified students from the state. For the 1974-5 school year, Georgia has contracts for 12 such guaranteed openings. However, owing to the limitations of space in present institutions, it is unlikely that any significant number of additional contracted openings can be obtained. And, the present 12 spaces cannot produce nearly enough graduates to bring the necessary number of new optometrists into Georgia in the future,

IV. SUMMARY AND CONCLUSIONS

In summary, it should be noted that: at the present time, Georgia is deficient in optometrie manpower both absolutely and relatively; demand for vision care services will increase significantly over the next few years; and, opportunities for Georgia students in out-of-state optometry schools will decrease substantially. In view of these facts, the conclusion is inescapable that, if Georgians are to receive adequate vision care in the future, the recommendation of an optometry school for Georgia contained in the original report for which this is a supplement must be acted upon immediately. Indeed, the urgency of the matter has grown dramatically since that recommendation was made only four years ago. Unforeseen circumstances in the future might make a Georgia optometry school yet more necessary.

TABLE la

ACTIVE OPTOMETRISTS IN THE SOUTHERN STATES - 1973 National Average Ratio = 9.1 Optometrists/100,000 Population

STATE Alabama Arkansas Florida Georgia Kentucky Louisiana Mississippi North Carolina South Carolina Tennessee Texas Virginia West Virginia

OD's/100,000 4.3 7.9 7.8 5.5 6.6 5.8 5.1 6.0 5.9 7.6 6.5 6.1 7.3

NATIONAL RANK 50 35 36 46 39 45 47 43 44 37 40 42 38

SREB CONTRACTS State School 13 20 10 10 12 10 16 10 12 State School 5 6

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TABLE Ila
SUPPLY OP OPTOMETRISTS IN 1973 COMPARED TO PROJECTED DEMAND IN 1990

1000

Number of 800 Optometrists
600

400

200 0-

261 1/18,000
1973

State Population 4,720,000(est.)

800 1/7,000
510 1/11,000

AOA-i ecom mende National average

1990
State Population 5,598,000(est.)

TABLE Ilia 1973-1974 ENROLLMENT OF OPTOMETRY STUDENTS
FOR SOUTHEASTERN STATES BY OPTOMETRY SCHOOLS ATTENDED

State

Total No. Attending Opt. Students S.C.O.
1973-1974 # %

Alabama Florida Georgia Kentucky Louisiana Mississippi N. Carolina S. Carolina Tennessee Texas Virginia W. Virginia

54

48

130

55 42

34

24 70

34

14 41

35

17 48

28

24 86

60

38 63

27

22 82

90

85 94

139

75

41

13 32

28

11 40

Attending Attending

U. Houston U.A.B.

#%

#%

00 14 11 00 9 27 15 43 27
12 14 00 128 92 00 00

48 89 12 9 5 15 4 11
13 00 35 27 22 00 37 00

Attending Others #%
23 49 38
5 15 7 21 26 27 18 30 27 34 43 25 61 17 60

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TABLE IVa
PERCENT OF TOTAL STUDENTS OF OPTOMETRY FROM A STATE WITH A SCHOOL OF OPTOMETRY
ENROLLED IN THAT INSTITUTION

State
Alabama California Illinois Indiana Massachusetts New York Ohio Oregon Pennsylvania Tennessee Texas

Total Opt. Students From State 1973-1974
54 435 177 175 93 323 209 35 273 90 139

No. of Students Attending
School Within State
48
368
137
160
77
57
160
31
233
85 '128

% of Students Attending
School Within State
89 85 77 91 83 18 76 88 85 94 92

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TABLE Va

NUMBER OF OPTOMETRISTS BY ACTIVITY STATUS AND AGE

Georgia, 1973

Activity Status

All Ages*

Under 3030 39

Age in Years 40- 50- 60-

49

59

69

70 and Over

TOTAL

264

24

43

82

77

27

7

ACTIVE ____.-_. _ ....261

24

43

82

77

25

6

Working 30 or

....219

22

42

70

65

17

1

Working less than 30 hours ._.-- 42
INACTIVE ... .. ......... 3
Retired _...,,,.. .... 3 Unemployed _._.___.__-......... 0
All other . . . . ... o
Not Reported ..-_.-- ........ 0

2

1

12

12

85

0

0

0

0

?. 1

0

0

0

0

21

0

0

0-

0

00

0

0

0

0

00

0

0

0

0

00

* Includes those optometrists who did not report year of birth.

Source: Division of Manpower Intelligence, DHEW, 1973.

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BIBLIOGRAPHY

American Optometric Association. "Optometric Manpower Profile for the State of Georgia." St. Louis: American Optometric Assn., 1974.
American Optometric Association, Council on Optometric Education. "Annual Survey of Optometric Educational Institutions." Report to the House of Delegates, 1 June 1974.
Association of Schools and Colleges of Optometry. "Annual Enrollment Report, Academic Year 1973-1974. Washington, D. C.; Assn. of Schools and Colleges of Optometry, 1974.
Dunbar, John B. Manpower and Education Needs in Selected Professional Fields: Optometry. Atlanta: Southern Regional Educational Board, 1973. 35 pages.
Fair, Ron. "Optometric School Funding." Journal of the American Optometric Association. Vol. 44, no. 8 (August, 1973) 779-783.
Peters, Henry B. "Maps and Tables of Optometric Manpower Information for The State of Georgia." 1974.
Peters, Henry B. "Meeting the Needs of the State for Optometrists." Southern Regional Educational Board Legislative Workshop, Lexington, Kentucky, 9 October 1974.
U. S. Department of Health, Education, and Welfare, Division of Manpower Intelligence. Licensed Optometrists in Georgia 1973. October, 1974.

APPENDIX C

Analysis of Optometric needs by States to 1880 based upon expected population as estimated by the Bureau of Census.
This estimate is computed on the basis of one optometrist for 7,000 people in 1980, and considers an attrition of 30% of the optometrists currently in practice by 1980. .This attrition factor is 3% per year.
It is recognized that some states need more optometrists per capita than do others. The 1 to 7,000 figure is considered a reasonable average.
The other information in the analysis is concerned with relating the medical refractionists. and optometrists on the basis of numbers and the municipalities served by each group.

STATE
Alabama Arkansas Florida Georgia Kentucky Louisiana Maryland Mississippi N. Carolina S. Carolina Tennessee Texas Virginia W. Virginia

1969 Municipalities
Served

1972

Population 1980 Percent Approximate Additional Optometrists Needed NCTERIM

Municipalities (Est. to nearest Population No. of

By 1980 to provide a Ratio

Served

(thousand) Increase Optometrists

of 1 to 7,000

Optom. Med. Optom. Med.

1970 to 1980 1969

Growth Attrition

Total

O

78

22

75

23

4,223,000

12

191

413

68

20

74

21

2,319,000

13

159

172

57

470

48

220

g
h--l

134

59

142

61

9,019,000

36

523

765

157

922

H

103

35 107

35

5,563,000

17

280

486

84

570

H

91

30

90

30

3,559,000

8

239

269

72

341

M

68

24

67

28

4,571,000

20

239

414

65

27

62

33

4,851,000

24

203

490

72 61

486 551

0
W2H

60

22

67

23

2,735,000

13

128

263

38

301

135

64

130

65

5,993,000

15

347

509

104

613

66

19

69

22

3,063,000

14

163

275

49

324

93

27

98

26

4,638,000

14

322

341

97

438

200

91

207

90 13,606,000

19

829

1115

249

1364

87

48

86

50

5,717,000

19

296

521

63

26

63

27

1,772,000

162

91

89

610 to

49

140

Jo

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APPENDIX D

A RESOLUTION

Urging the Board of Regents of the University System of Georgia to take immediate steps to determine the feasibility of establishing a Georgia college of optometry and to explore other alternatives to satisfy the need for optometrists in this State; and for other purposes.

WHEREAS, a Subcommittee of the House University System of Georgia Committee has studied Georgia's needs relative to optometric manpower; and

WHEREAS, the report submitted by said Subcommittee clearly and convincingly documents the fact that Georgia currently faces a serious shortage of optometrists and that this shortage will become critical in the near future unless steps are taken to increase the supply of optometrists in our State; and

WHEREAS, it is an obligation of the State to insure that the visual care needs of our citizens are not neglected.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Regents of the University System of Georgia is hereby urged to take immediate steps to determine the feasibility of establishing a Georgia college of optometry and to explore other alternatives that may effectively satisfy the need for optometric manpower in this State.

BE IT FURTHER RESOLVED that in studying the need for establishing a college of optometry that said Board of Regents examine carefully the information provided by the Allied Medical Affairs Sub committee of the University System of Georgia Committee in its report submitted to said full Committee.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives send a copy of this resolution to the Chancellor and each member of the Board of Regents, along with a copy of the report hereinabove mentioned.

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The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OF THE ATLANTA EXPRESSWAY ACTION SUBCOMMITTEE OF
THE HOUSE HIGHWAYS COMMITTEE

THE COMMITTEE

Honorable Ewell E. "Hank" Elliott, Jr. Representative, 49th District Chairman

Honorable John Adams Representative, 14th District

Honorable James Dollar Representative, 63rd District

Honorable Wm. Travis Duke Representative, 20th District

March 1975

REPORT OF THE ATLANTA EXPRESSWAY ACTION SUBCOMMITTEE
OF THE HOUSE HIGHWAYS COMMITTEE

INTRODUCTION

The Atlanta Expressway Action Subcommittee was appointed to conduct an in-depth study to identify problems that prevent the efficient and safe operation of the Atlanta expressway system and to recommend solutions to these problems. The subcommittee met with a number of public officials and experts who are knowledgeable about the Atlanta expressway system. The subcommittee also heard valuable testimony from members of the public.

WORK OF THE COMMITTEE

On May 14 and 15, 1974, the subcommittee held public hearings at which knowledgeable officials and members of the public testified before the subcom mittee concerning problems that prevent the safe and efficient operation of the Atlanta expressway system. A summary of the testimony at these public hearings was prepared and distributed to the participants. On November 25, 1974, a second meeting was held at which the summary of the earlier public hearings was discussed by the participants in the earlier public hearings. At this meeting, recommendations were made about necessary actions to eliminate these problems. After this meeting, the chairman of the subcommittee met with State officials to draft these recommendations into legislation.

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FINDINGS AND RECOMMENDED LEGISLATION

(1)
Testimony at the subcommittee's public hearings established that there are currently 19 separate police agencies with jurisdiction over segments of the ex pressway system in metropolitan Atlanta. This causes unequal enforcement of traffic laws on the system and results in uncertainty about traffic law enforce ment for the public. The subcommittee believes that an important element of the successful operation of the metropolitan Atlanta expressway system is public support and that uniform enforcement of the traffic laws on the system will help gain this public support. The subcommittee believes that a single organizational unit which controls the planning, operation and law enforcement for the metro politan Atlanta expressway system is essential to the maximum efficient use of the system and to public cooperation and participation in expressway traffic and safety programs.

The subcommittee recommends that the Committee Substitute to HR 228 be enacted. This Resolution creates an Atlanta Expressway Study Commission to develop a plan for the creation of a single organizational unit to control the metropolitan Atlanta expressway system.
(2)
Testimony at the subcommittee's public hearings established that stopping on and unauthorized use of the right-of-way of the metropolitan Atlanta express way system constitute traffic hazards. The subcommittee believes that nonemergency stops on any part of the Interstate System in this State should be stopped by the enforcement of the current law prohibiting such stops (Ga. Code Section 68A-1003). The subcommittee believes that the unauthorized use of the right-of-way of any Interstate Highway in this State, especially the operation of motorcycles and minibikes on the shoulders of the system, should be prohibited. The subcommittee recommends the enactment of HB 909, which prohibits the unauthorized use of the right-of-way of any Interstate Highway in this State.

(3)
Testimony during the subcommittee's public hearings established that maintenance, utility and construction activities on the metropolitan Atlanta ex pressway system during peak traffic hours cause major traffic delays and hazards. The subcommittee believes that the successful elimination of this problem can be achieved by the enthusiastic, interested enforcement by the State Department of Transportation of a policy against such activity during peak traffic hours. The subcommittee also believes that the ultimate solution to the problem lies with those agencies and companies which are conducting maintenance, utility and con struction activities during peak traffic hours.

The subcommittee recommends the enactment of HR 233, which urges the State Department of Transportation to prohibit maintenance, utility and construc tion activity on the metropolitan Atlanta expressway system during peak traffic hours.
(4)
Testimony during the subcommittee's public hearings established that ve hicles stopped in the emergency lane or right-of-way of the metropolitan Atlanta

INTERIM COMMITTEE REPORTS

4183

expressway system constitute a traffic hazard and impede traffic flow. The subcommittee believes that stopped vehicles should be immediately removed from the right-of-way of any Interstate Highway in this State when they constitute a traffic hazard or impede the traffic flow. The subcommittee believes that in no case should a stopped vehicle be allowed to remain stopped on an Interstate High way for more than two hours except when traffic congestion makes movement impossible.

The subcommittee recommends the enactment of HB 908 which provides for the removal of vehicles stopped on Interstate Highways.

(5)
The subcommittee found that Act No. 1204 (HB 1801) of the regular 1974 Session of the General Assembly, which requires motor vehicles involved in traffic accidents to be immediately removed from the roadway of expressways in the metropolitan Atlanta area, has reduced traffic congestion and enhanced traffic safety. The subcommittee recommends the provision of that Act be expanded to all expressways in this State by the enactment of HB 910.

Respectfully submitted,
/s/ Ewell H. "Hank" Elliott, Jr. Representative, 49th District Chairman

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The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OF THE ATLANTA-FULTON COUNTY GOVERNMENTAL
STUDY COMMITTEE

THE COMMITTEE

Honorable John W. Greer Representative, 43rd District Chairman

Honorable Grace T. Hamilton Representative, 31st District

Honorable Robert A. Irvin Representative, 23rd District

Honorable W. M. Alexander Representative, 39th District

Honorable Sidney J. Marcus Representative, 26th District

December 1974

INTRODUCTION
The Atlanta-Fulton County Governmental Study Committee was created by HR No. 794 and was composed of five Representatives appointed by the Speaker of the House. Three of the members' districts lay wholly within the City of Atlanta, and two of the members' districts included at least a portion of unincor porated Fulton County. The Committee was authorized to study any matters relative to the governments of Atlanta and Fulton County and their relationship, to study the Plan of Improvement, and to examine any legislative proposals af fecting the two governments. The Committee was also authorized to consult with any other committee established by Atlanta, Fulton County or the General As sembly to study identical or similar matters. In meeting its responsibilities, the Committee has studied the above, and has been in contact with the city and county's joint Plan of Improvement Review Committee. Attached hereto as Ap pendix I is a list of sources of information which the Committee considered during the course of its study.
THE PROBLEMS

Economic patterns, population movements, and social and political factors have created a series of problems for the efficient, equitable and responsive delivery of governmental services to the citizens of all the Atlanta area. Past attempts to reorganize governmental operations within the City of Atlanta, be tween the City and Fulton County, and between these governmental units and others in the metropolitan area can be looked upon as partial attempts to realign governmental operations to the needs of the emerging economic, population, social and political realities of the Atlanta area. These past attempts at governmental reorganization and coordination, however, have not kept pace with the needs of the area brought about by these changing circumstances.

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Among the chief factors complicating present governmental service arrange ments is the large influx of population within the last three decades and the distribution of that population within the area. The Atlanta area has been and is expected to continue to be the center of a large in-migration from other parts of the State, the South, and the country. Expected to double by the mid-1980's, this population growth has put continual pressure on the governmental units of the area to expand their service delivery capacity.

The population growth and the consequent service demands have not taken place uniformly throughout the area nor has it been directed at those govern mental units in the best position to respond to the demands. The City of Atlanta which presently has the greatest capacity to provide urban, municipal types of services has had relatively little population growth while the unincorporated areas and the smaller municipalities of Fulton, DeKalb and the adjacent counties have received and will continue to receive the lion's share of growth. If the areas outside of the City of Atlanta are to meet the increasing municipal-type service demands such as police and fire protection, water supply, garbage pick up, sanitation treatment and public education, large amounts of capital improvement and operating monies will have to be forthcoming to increase their present limited capacity.

While the City of Atlanta has had relative little population growth in the last two decades, the nature of the city's population has changed greatly. Usually conceived in terms of racial change, more significant is the changing economic level of the city's population. There has been and it seems like will continue to be an exodus of the middle-class, black and white, from the city and their replacement by people of lower-income levels from many areas of the State. This trend has profound implications for the continued tax base of the city, the nature of service demands, and the economic activities of the city.

On one hand, the City of Atlanta is faced with the prospect of continuing to fund high levels of municipal services and in some instances expanded services at the same time that its capacity to raise sufficient tax revenues is declining. On the other hand, the areas outside of the city are faced with the prospects of an ex panded tax base but with the need to rapidly and greatly expand their present service delivery capacity. Paradoxically, in view of this situation, the inclusion of the tax contributions of the citizens of Atlanta, as well as those of other Fulton municipalities, to the operating expenses of Fulton County have sub sidized the county government, although the net subsidy from Atlanta is de creasing each year.

The expansion of the urbanized areas of the Atlanta area and the failure of governmental organization and coordination to keep pace has resulted in the failure to provide uniform services to all areas, gross inequalities in tax burden, and an inability to plan for future growth.

Temporary solutions have been attempted and recommended since the emer gence of these patterns in the 19.30's. The 1952 Plan of Improvement, which re aligned service functions and reapportioned the tax digest of the City of Atlanta and Fulton County, as well as annexing the then urbanized area of the County, was such a temporary solution. A series of governmentally sponsored studies since that date have recommended similar types of solutions, although none have been adopted.

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CONCLUSIONS

The Committee believes that the problems of the Atlanta region go far beyond the usual traditionally defined concerns such as overlapping functions, duplication of service effort, service disparities, tax inequities, lack of boundary adjustment powers, and the like. Moreover, the problems confronting Atlanta and Fulton County are much more complex than just the relationship between those two governments because they are fundamentally interrelated with the problems and needs of the total region. For example, the problems of natural resource con servation and utilization, environment, water supply, solid waste disposal, trans portation, housing, land use and crime cut across the entire metropolitan region. Most of these problems have grown in such magnitude that their solution is beyond the capacity of our individual city and county governments. It also seems likely that the capacity of the local governmental units of the area to respond effectively on a cooperative basis to these problems does not offer any real hope for an acceptable solution. The Committee concludes, therefore, that State action may be necessary to deal effectively with the problems confronting the Atlanta area.
RECOMMENDATIONS
Having completed its study and on the basis of its findings, the Committee makes the following recommendations:

1. That legislation be adopted at the 1975 session creating the Georgia Com mission on the Metropolitan Atlanta Region.
2. That said Commission be charged with the responsibility of examining the broad range of problems facing the metropolitan Atlanta region and the political units contained within it and formulating possible solutions to such problems and submitting to the General Assembly a legislative program to im plement these solutions.

Attached hereto and made a part of this Report as Appendix II is a draft of proposed legislation to implement the foregoing recommendations.

FINAL REMARKS

The foregoing recommendations of the Committee should not be construed to limit individual members of the Committee in offering proposed legislation at the 1975 session dealing with the relationship between Atlanta and Fulton County or Atlanta and DeKalb County or in updating the Plan of Improvement. In the event any such legislation is offered at the 1975, session by Committee members or other interested members of the General Assembly, the individual members of this Committee will consider such proposals on their merits.

Is/ John W. Greer Representative, 43rd District
Chairman
/s/ Grace T. Hamilton Representative, 31st District

Respectfully submitted,
/s/ W. M. Alexander Representative, 39th District
/ s / Robert A. Irvin Representative, 23rd District
/ s / Sidney J. Marcus
Representative, 26th District

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4287

APPENDIX I

SOURCES OF INFORMATION

In making its study, the Committee used many sources of information, in cluding those listed below.

1. "Report to City of Atlanta Charter Commission--Plan of Improvement Committee."

2. HB No. 1461, "A Bill to be Entitled an Act to create the Atlanta-Fulton County Intergovernmental Relations Study Commission; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes."

3. Research Atlanta's, "The Plan of Improvement: An Analysis of Services in the City of Atlanta and Fulton County." 1974

4. Research Atlanta's, "A Financial Analysis of Atlanta in DeKalb County." 1973
5. The Atlanta Regional Commission's, "Comparative Revenue Study of the Atlanta Metropolitan Area." 1973

6. Correspondence of June 18, 1974 and June 20, 1974 between the Mayor of Atlanta and the Fulton County Commissioners giving form to the Plan of Im provement Review Committee, whose purpose is to investigate present contracts and relationships of the joint services provided by both the County and City and to recommend changes to improve these services.

7. The minutes of the meetings of the above Plan of Improvement Review Committee of July 17, 1974 and August 8, 1974.

8. The book by Thomas P. Murphy and Charles R. Warren, Organizing Public Services in Metropolitan America.

9. An article by John J. Callahan, Senior Analyst of the Advisory Commis sion on Intergovernmental Relations, entitled, "Intergovernmental Remedies for Intrajurisdictional Service Equity Problems."

10. "A Cooperative System of Municipal Service Delivery for the South eastern Virginia Planning District", prepared for the Southeastern Virginia Planning District Commission.

11. Comments of ARC staff re: first draft of report.

APPENDIX II

A BILL

To be entitled an Act to create the Georgia Commission on the Metro politan Atlanta Region; to provide for a short title; to provide for

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JOURNAL OF THE HOUSE,

findings and a declaration of purpose; to provide for the membership, powers and duties of the Commission; to provide for budgets of the Commission and for funding the Commission; to provide for reports by the Commission; to provide for the abolishment of the Commission; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Short Title. This Act shall be known and may be cited as "The Act Creating the Georgia Commission on the Metropolitan Atlanta Region".

Section 2. Findings and Purpose. The General Assembly finds that the efficiency and effectiveness of governmental units in the metro politan Atlanta region in delivering governmental services affects, either directly or indirectly, the public welfare of the people throughout the State of Georgia. The General Assembly further finds that the concen tration of over one-third of the State's population in the metropolitan Atlanta region has led to governmental problems that require considera tion at the State level by a body directly responsible to the Governor and the General Assembly. The General Assembly further finds that the responsibility of the State in insuring that needed and essential govern mental services are provided to the people of the State requires reexamination with regard to areas wherein the concentration of people has reached the extent presently existing in the metropolitan Atlanta region. It is the purpose of this Act, therefore, to create a State-level Commission to develop and recommend proposed legislation to the Gen eral Assembly that will enable the State to effectively fulfill its responsi bility to insure that needed and essential governmental services are pro vided to the people of the metropolitan Atlanta region in the most effective, equitable, and economical manner feasible within the limita tions of the basic principles of representative government.

Section 3. Commission Created, (a) There is hereby created the Georgia Commission on the Metropolitan Atlanta Region to be composed of 26 members as follows:

(1) Six members of the House of Representatives appointed by the Speaker of the House. The Speaker of the House shall certify the names of the Commission members appointed by him to the Governor.

(2) Six members of the Senate appointed by the President of the Senate. The President of the Senate shall certify the names of the Commission members appointed by him to the Governor.

(3) Thirteen citizens of the State of Georgia appointed by the Governor in the exercise of his sole discretion, except as provided by subsection (b) of this Section.

(b) Except for the members of the General Assembly provided for

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4289

by paragraphs (1) and (2) of subsection (a) hereof, no member of the Commission shall be an elective or appointive official of the State or of any political subdivision of the State. The Governor, Speaker of the House of Representatives and President of the Senate shall make all appointments to the Commission by not later than June 15, 1975.

(c) The Governor shall call the organizational meeting of the Com mission for a date not earlier than July 1, 1975, and not later than July 15, 1975. The Governor shall preside at said organizational meeting until the election of a Chairman of the Commission as provided by Section 4 of this Act.
(d) Any vacancy on the Commission in the membership thereof appointed by the Governor at his discretion shall be filled by the Gover nor at his discretion. Any vacancy in the legislative membership shall be filled in the same manner as the original appointments were made. All members of the Commission shall serve for the duration of the Commission.
Section 4. Organization, Officers, (a) At the organizational meet ing provided for by subsection (c) of Section 3i of this Act, the first order of business shall be the election of a Chairman, who shall be elected from the membership of the Commission by a majority vote of the total membership thereof. Upon the election of the Chairman, he shall preside at said organizational meeting. The next order of business shall be the election of a Vice Chairman who shall also be elected from the member ship of the Commission by a majority vote of the total membership thereof. The Vice Chairman shall have the full authority of the Chair man in the Chairman's absence and when the Chairman delegates such authority to the Vice Chairman. Except as otherwise provided herein, the Commission shall have full authority to provide for its own organ ization, including the election of additional officers and the creation of any subcommittees the Commission may find advisable and the establishment of a quorum for the transaction of business by the full Commission or by any subcommittee thereof.
(b) Legislative members of the Commission shall receive the ex penses and allowances authorized by law for legislative members of interim committees for service on the Commission between sessions of the General Assembly. All other members of the Commission shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred by them in carrying out their duties as members of the Commission, and such members shall be reimbursed for travel ex penses at the same rate applicable to State officials and employees.

Section 5. Powers and Duties, (a) The Commission shall have the duty to study any matters relative to the effective and efficient delivery
of governmental services within the metropolitan Atlanta region and to make recommendations to the Governor and the General Assembly for the improvement of the delivery of governmental services within such region, or any portion thereof, and to propose legislation to implement and carry out such recommendations. In addition to the specific powers provided by subsections (b) and (c) hereof, the Commission shall be vested with such powers as shall be reasonably necessary for it to carry out its duties as provided herein.

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(b) Subject to budgetary requirements provided by Section 6 of this Act, the Commission shall have full authority to employ personnel, pur chase supplies and to contract with consulting firms as may be reason ably necessary to enable the Commission to carry out its duties. The Commission shall be authorized to hold meetings at the State Capitol and at such other facilities as the Commission shall determine.

(c) The Commission shall be authorized to receive on its own be half, in order to carry out its duties as provided herein, any funds or monies that might be available to it, either directly or through any State department or agency, from any Federal grant, or Federal grant-in-aid
program or from any other public or private source.

(d) The State and its departments and agencies, as well as the political subdivisions of the State shall cooperate with and assist the Commission in carrying out its powers and duties.

Section 6. Budget, Funding, (a) As soon as practicable after its organization, the Commission shall prepare a budget governing its pro posed expenditures for the period beginning with its organizational meet ing and ending on June SO, 1976. As soon as such budget is prepared, it shall be submitted to the Legislative Budget Analyst who shall review the same and submit it, along with his report on the budget, to the Speaker of the House and the President of the Senate. The Speaker of the House and the President of the Senate shall jointly consider said budget and may approve or reject the same as submitted or modify the budget and approve it as modified. If the budget is rejected by the Speaker of the House and the President of the Senate, they shall state their objections and a modified budget shall be submitted to them by the Commission. The decision of the Speaker of the House and the President of the Senate on any budget or modified budget submitted to them by the Commission shall be final. Until a budget of the Commission has been approved by the Speaker of the House and the President of the Senate as provided herein, any proposed expenditures by the Commission shall be first ap proved jointly by the Speaker of the House and the President of the Senate.
(b) The Commission shall also prepare a budget governing its pro posed expenditures for the period beginning on July 1, 1976, and ending on June 30, 1977. Such budget shall be submitted to the Legislative Budget-Analyst by not later than May 15, 1976. The Commission shall prepare a final budget governing its proposed expenditures from July 1, 1977 through December 31, 1977, and submit the same to the Legisla tive Budget Analyst by not later than May 15, 1977. The budgets pro vided for herein shall be subject to the same procedures and requirements as the budget provided for by subsection (a) of this Section.

(c) Once a budget has been approved by the Speaker of the House and the President of the Senate, the Legislative Fiscal Officer shall be authorized to pay the expenses incurred by the Commission. Subject to approval by the Speaker of the House and the President of the Senate the Legislative Fiscal Officer shall be authorized to establish such pro cedures as he deems advisable for the payment of expenditures of the Commission.

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(d) Except for any funds that may be available to the Commission pursuant to subsection (e) of Section 5 of this Act, all funds necessary for the operation of the Commission shall come from funds appropriated or otherwise available to the Legislative Branch of the State govern ment.

Section 7. Reports of the Commission, (a) The Commission shall submit a preliminary report to the Governor and General Assembly by not later than January 1, 1976. This preliminary report shall include a legal analysis of the authority of the General Assembly to enact legisla tion dealing with governmental reorganization when a multiplicity of local governmental jurisdictions is involved in such reorganization. If such legal analysis indicates a necessity therefor, such preliminary re port may include a proposed constitutional amendment, or amendments, to clarify or expand the authority of the General Assembly to enact governmental reorganization legislation in keeping with modern condi tions and requirements and anticipated recommendations of the Com mission. The purpose of such preliminary report is to enable the General Assembly to consider any such proposed constitutional amendment, or amendments, at the 1976 session in order that such proposed amendment, or amendments, if adopted by the General Assembly, may be submitted to the voters at the 1976 general election.

(b) The Commission shall submit its final report to the Governor

and General Assembly by not later than January 1, 1977. Such final

report shall include the recommendations of the Commission, as well as

proposed legislation to carry out such recommendations. The Commission

or subcommittees or members thereof shall meet with members of the

General Assembly and Committees thereof at the 1977 session in order

to explain its recommendations and otherwise assist the General As

sembly in its consideration of such recommendations. Any such meetings

shall be as determined by the members of the General Assembly or Com

mittees thereof.



Section 8. Abolishment. The Commission shall stand abolished as of 12:01 a.m. on January 1, 1978.

Section 9. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.

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The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OF THE CONSUMER LEGISLATION SUBCOMMITTEE OF THE HOUSE BANKS AND BANKING COMMITTEE

THE SUBCOMMITTEE

Honorable W. M. Williams Representative, 9th District Chairman Honorable Clayton Brown, Jr. Representative, 67th District Honorable Gerald T. Horton Representative, 43rd District Honorable G. Robert Howard Representative, 19th District Honorable Randolph C. Karrh Representative, 91st District

Honorable Hugh Lee McDaniell Representative, 20th District Honorable Bernard F. Miles Representative, 79th District Honorable W. D. Milford Representative, 13th District Honorable Tom L. Shanahan Representative, 7th District Honorable Tom Triplett Representative, lllth District

January 1975

INTRODUCTION
The Consumer Legislation Subcommittee was appointed by Representative W. M. "Bill" Williams, Chairman of the Banks and Banking Committee of the House of Representatives to study all aspects of consumer protection in an effort to obtain a consensus of consumers and small businessmen. The Subcommittee met at the State Capitol in Atlanta shortly after the Committee was created to organize and formulate plans for future meetings. After a thorough and complete discussion of the subject, the Subcommittee decided to conduct public hearings for the benefit and convenience of consumers and small businessmen in each con gressional district of the State, except the 4th and 5th Congressional Districts. The Subcommittee decided to combine 4th and 5th Congressional Districts and hold the last public hearing of the Subcommittee at the State Capitol in Atlanta. (See Appendix "A" for a list of the public hearings).

BACKGROUND
During the past few years, the number of bills affecting consumers and small businessmen, which have been introduced in the General Assembly of Georgia has steadily increased. The bills range from the voluminous Uniform Consumer Credit Code to one page bills changing the cooling-off period on door-to-door sales. Most of the proposed consumer legislation introduced in the General Assembly has been sponsored by the Governor's Office or Committees appointed by the Governor. The legislation proposed by the Governor's Office has usually taken

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the "shotgun" approach. Practically all of the bills have attempted to deal with the entire spectrum of consumer credit and consumer protection. Of course, this is the scheme of the Uniform Consumer Credit Code but the objectives of the Uniform Consumer Credit Code were to give the State more authority and responsibility in the area of consumer credit and consumer protection on a fairly uniform basis throughout the United States. Since only a few States have enacted the Uniform Consumer Credit Code, it appears that the Uniform Consumer Credit Code has not been quite as successful as the drafters of the proposed legislation originally anticipated. At least one of the bills which was drafted by the Governor's Office was patterned after the Uniform Consumer Credit Code. All of the consumer bills introduced in the House of Representatives have been referred to the Banks and Banking Committee. The Banks and Banking Com mittee has conducted numerous public hearings during legislative sessions to give consumer and industry spokesmen an opportunity to express their views and opinions on bills pending in the Committee. Some of these bills have been favorably reported by the Committee. The "Little FTC" bill was favorably reported by the Committee at the regular session of the General Assembly in 1973 and passed by the House of Representatives. However, the bill died in the Senate.

This Subcommittee was created because of the growing public interest in consumerism at all levels of government--local, State, and National.

FINDINGS
The Subcommittee conducted public hearings in major cities in eight Con gressional Districts and a combined public hearing for the 4th and 5th Con gressional Districts in Atlanta. The public hearings were publicized by notifying the news media (newspaper, radio stations and television stations) and by inviting the members of the General Assembly, whose districts were in the Congressional District. The members of the Subcommittee and other members of the General Assembly were requested to assist the Subcommittee in publicizing the public hearings. However, the attendance at most of the meetings was disheartening. Two of the meetings were virtual "no shows". However, several of the meetings were lively and interesting and some good suggestions were offered by the persons who appeared before the Subcommittee. One of the first suggestions presented to the Subcommittee for consideration was the licensing of automobile mechanics. It was pointed out that several States have created boards to examine and license automobile mechanics. This suggestion was made at several meetings. A similar suggestion to create a board to examine and license TV repairmen was also offered to the Subcommittee at one of its hearings.

Several persons at different public hearings criticized the "holder in due course" doctrine as it exists in Georgia today. The persons criticizing the doctrine simply could not understand why they were having to make payments to a financial institution or small loan company without receiving any kind of notice when they had purchased the merchandise from the XYZ Furniture Company. The criticism seemed to be concentrated on notice rather than the doctrine itself. However, it was pointed out in several instances that a holder in due course is not subject to the claims and defenses the buyer has against the seller.

Other general suggestions submitted to the Subcommittee recommended nofault insurance (a version of no-fault insurance was passed by the General Assembly in 1974), creation of a Statewide Small Claims Court (quite a number of small claims courts have been created in various counties), legislation to pro-

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hibit milk rebates (a law passed during the 1974 Session of the General Assembly to require fluid milk and fluid milk products to be sold in accordance with price lists filed with the Commissioner of Agriculture) and legislation to require the packaging of meat products in clear plastic instead of styrofoam trays.

One of the best suggestions offered to the Committee was presented by Pro fessor Tom Stanley of Albany Junior College who recommended that consumer education courses be included in the curriculum of the public schools of this State. The members of the Subcommittee wholeheartedly endorse this recommendation.

A recommendation was offered to prohibit deceptive advertising and sales practices and techniques in connection with the sale of all consumer products. A law was enacted at the 1974 Session of the General Assembly to prohibit decep tive advertising practices in connection with the sale of beef, pork or lamb.

At the last public hearing in Atlanta, Mr. Sidney L. Moore, Jr., Executive Director of the Southern Consumer Law Center was the only person to appear be fore the Subcommittee. However, Mr. Moore spoke vigorously on behalf of con sumers and presented the following recommendation to the Subcommittee for their consideration.

1). Amend Code Section 57-116 to provide for a guaranteed rebate of the unearned portion of the interest on bank installment loans, calculated according to the actuarial method (true annual percentage rate) so that the consumer who pays off a loan early will not be penalized.

2). Eliminate the cash advance fee under the Lender Credit Card Act.

3). Repeal Code Section 41A-1313 of the Financial Institutions Code of Geor gia which permits State chartered banks to charge interest at rates not exceeding the limits set by the laws of this State.

4). Prohibit the seizure by banks of checking account balances or limit the amount of a balance, i.e., $300, that will be subject to a nonjudicial seizure.

5). Enact legislation requiring banks and other financial organizations to obtain permission from a debtor after default in order to seize a motor vehicle without a court order except when the bank has knowledge that the motor vehicle has been abandoned by the consumer.

6). Enact legislation imposing a ceiling on short-term small loans of 36 per cent per annum including credit insurance charges.

7). Enact legislation prohibiting (1) the sale of level term life insurance on installment loans and (2) the sale of excessive accident and sickness insurance on loans of less than $100.
8). Enact legislation prohibiting the sale of spurious insurance policies in connection with small loans (i.e., cancer insurance).

9). Enact legislation to limit interest rates in connection with the sale of mobile homes to 12 percent simple interest.

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10). Enact legislation limiting the interest rate on the sale of shell homes and home improvement loans to 12 percent simple interest.

11). Enact legislation to adjust the interest rates on the sale of motor vehicles by eliminating the 17 percent add-on rate for class 4 vehicles (vehicles 4 years old or older).

12). Enact legislation to provide that at least 50 percent of the net premiums must be paid to claimants in benefits on all credit life insurance policies sold in Georgia.

13). Enact legislation to amend the statute relating to second mortgage loans so as to limit fees for the preparation of documents, searching titles and other charges in connection with second mortgage loans to the actual cost of the legal work with a proviso that if the person doing the legal work is the lender or related to the lender, the maximum charge shall be $50.

CONCLUSIONS

Although the attendance at most of the public hearings was below expecta tions, the members of the Subcommittee feel that the various meetings through out the State were worthwhile. The public hearings did give the persons who at tended the opportunity to express their views before members of the General As sembly. Quite a number of meritorious suggestions were presented to the Sub committee. Although the Subcommittee is not making any special recommenda tions relative to proposed legislation, several of the members of the Subcommittee have expressed an interest in introducing several of the proposals which were presented by consumers and small businessmen to the Subcommittee.

ACKNOWLEDGMENTS

The members of the Subcommittee wish to express their sincere appreciation to the members of the general public who attended the various public hearings throughout the State and to the newspapers, radio stations and television stations which publicized the meetings.

/s/ W. M. Williams Representative, 9th District Chairman
/s/ Clayton Brown, Jr. Representative, 67th District
/s/ Gerald T. Horton Representative, 43rd District
/s/ G. Robert Howard Representative, 19th District
/s/ Randolph C. Karrh Representative, 91st District

Respectively submitted,
/s/ Hugh Lee McDaniell Representative, 20th District
/s/ Bernard F. Miles Representative, 79th District
/s/ W. D. Milford Representative, 13th District
/s/ Tom L. Shanahan Representative, 7th District
/s/ Tom Triplett Representative, lllth District

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September 18, 1974 September 19, 1974 September 25, 1974 September 26, 1974 October 1, 1974 October 2, 1974 October 10, 1974 October 11, 1974 November 26, 1974

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APPENDIX "A"

Waycross Savannah Albany Columbus Gainesville Rome Athens Griffin Atlanta

(8th Dist.) (1st Dist.) (2nd Dist.) (3rd Dist.) (9th Dist.) (7th Dist.) (10th Dist.) (6th Dist.) (4th & 5th
Dists.)

Courthouse City Hall Courthouse Government Center Courthouse Civic Center Courthouse Courthouse State Capitol

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The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OF THE CORRIDOR LOOP STUDY COMMITTEE

Honorable Hugh Lee McDaniell Representative, 20th District Chairman
Honorable James D. Mason Representative, 59th District
Honorable E. B. Toles Representative, 16th District
Honorable J. Crawford Ware Representative, 65th District
Honorable Joe T. Wood Representative, 9th District

January 1975

INTRODUCTION
The "Corridor Loop Study Committee" met on numerous occasions and made an in-depth study on the feasibility of a Transportation Loop around the Capital Region and all the related subjects that would be involved in the develop ment of such a project.
At the beginning of the 1970's, there was a growing awareness among state and local officials that traffic build-up around the fringes of the Atlanta metro politan area was far outstripping the construction efforts designed to satisfy transportation requirements. Existing expressways were reaching, or had sur passed, in many sections, their design capacities, and no new expressways were under construction (although several were planned and designed). A rapid tran sit system was approved in 1971, but that system, extensive as it was, would serve only the urbanized core, satisfy only certain types of movements, and be used by only a limited number of people. Also, it would not be operating at its full length until at least 1980. Ignored by either the planned highway or rail systems was service to the nonradial movements. In light of the heavy traffic loads already on Atlanta's 1-285 circumferential network, this absence of concern over future nonradial movements appeared especially serious.
In 1971, the Georgia General Assembly, anticipating the eventual overload of 1-285, established a committee to investigate the need for a new circumferential highway. The committee, at first composed of House of Representatives members, but later expanded to include Senators, was eventually named the Joint Cor ridor Loop Study Committee. Its chairman was Representative Hugh Lee Me-

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Daniell, of Cobb County. Over a period of two years, the committee held a number of meetings and held several public hearings on the need for a second loop road. During the 1973 session of the General Assembly, the committee sponsored a bill requesting that the Georgia Department of Transportation undertake to design the study necessary to locate and design an outer perimeter transportation facility.

During the course of the hearings, the concept of an outer loop highway began to broaden in three important ways :

It was pointed out at several hearings that no new facility should be planned without regard to the impact it would have on the land use, economic, social, and environmental effects on the area through which it would pass. It was strongly recommended to the 'Committee that the transportation facility be related to the patterns of growth and change which would be desired for the area. A representative of the Federal Department of Housing and Urban Development, for example, stated that "his department is interested in controlling and preventing further urban spread."

It was also indicated that the study regarding the construction of a transportation facility not be restricted to highways alone, but that a multi-modal approach be adopted, one which would give attention to several transportation options.

Finally, it was suggested that, due to the expected impact of the facility on a relatively rural area, an interdisciplinary team be assembled to assess the interrelationships which would exist between transportation and a variety of growth-related goals, including preservation of the environment, creation of new development opportunities, and solution to many human problems. A representative of the Atlanta Regional Com mission stated that they would hope that the Committee would be con cerned about the total picture rather than simply roads.

One of the most far-reaching comments came from the head of the State Planning Bureau (since placed in the Office of Planning and Budget), who called for a firm environmental basis for the study, with emphasis on ecology. "[The investigation] should also include social and economic patterns, new communities and/or the rebuilding of existing cities, a concept of greenbelts and open spaces, and recreational facilities."

In asking the General Assembly for the funding of the Study Design, the Joint Corridor Loop Study Committee adopted the broadening of the original concept. In a draft of a letter to the Governor, Representative McDaniell stated:
Our Committee has reached the conclusion that a study design should be undertaken to describe in detail the potential development an outer highway corridor will occasion; the problems in ecological, develop mental, and social terms that must be addressed; and the state, regional, and local policy and decisions that must be made before an outer cir cumferential should be authorized. Such a study design should spell out specific tasks for individual state departments, regional planning com missions, and local government to assume in the overall planning, pro gramming, and budgeting of such a project.

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The 1973 General Assembly appropriated $100,000.00 to fund a "Study Design" for the Corridor Loop and all related subjects, a Task Force of some thirteen (13) Governmental Agencies, along with six (6) professional firms, held public hearings and had input from many sources, including interested citizens and groups of citizens representing a cross section of people from all walks of life in a nineteen-county area.

The Study Design submitted fully addresses these broader considerations. It ties transportation to a growth policy for the outer region, and to other public investments needed to serve the indicated growth. It describes an interdisciplinary approach, one which would be able to examine alternative modes of travel. And it suggests an organizational structure--of public officials, citizens, and tech nical personnel--who would be involved in the decision-making process related to growth and transportation, at both the state and regional levels.

The results of the Capital Region Study effort is contained in three volumes. In Volume I, the Study Design is presented in a somewhat popular form. Chapter I describes the Study Design process, including the major tasks performed by the Capital Region, describes four illustrative growth patterns which the region might adopt, and discusses several implications of each pattern, with emphasis on their transportation implications. Chapter III recommends an organizational structure for undertaking the work, and discusses the phasing of the Work Program.

Volume II is a detailed description of the Organizational Structure and the 230 tasks to be performed under the Work Program.

Volume III contains the results of the inventory of regional characteristics and an evaluation of alternative growth forms and transportation options. It also contains a description of the legal and institutional framework into which the organization would operate.

These three volumes are large and contain many pages and design detail, therefore the Committee refers anyone wishing to see these documents to contact the Georgia Department of Transportation.

THE STUDY DESIGN PROCESS

AN EXPANDING REGION

As metropolitan Atlanta grows, its area of influence widens. Territories lo cated far from the defined boundaries of the metropolitan area are rapidly being absorbed by the outflow of growth, if not by the development itself, at least by their participation in a myriad of activities and events which take place in the urban core. Increasingly, the lives of people residing at considerable distance from Atlanta are being shaped by these activities and by changes occurring in the core counties. The area of influence now extends far beyond the current suburban ization. The urbanized and urbanizing core, in fact, constitutes only a small portion of the total area of influence. Many people living in towns and cities 40-to-70 miles from the heart of the metropolitan center pattern their daily existence around functions performed in the central areas. They work in close-in factories and offices, shop in the major regional centers, utilize Atlanta's cultural and recreational facilities, even retain membership in the older churches, clubs, and civic organizations.

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As a result, there is an emerging pattern of extensive interrelationship be tween the urbanized core and the outlying fringe population. More and more, people in the fringe have dual types of activities, some located near their homes and others centered around work, business, and recreation institutions located at considerable distances from where they reside.

This duality is not new. Important economic activities and major cultural and social facilities have always tended to concentrate in Atlanta's close-in areas. People on the edge of development have traditionally spent much of their time being employed, spending their money, and occupying their leisure time in centralized places. What is newly forming is a different relationship between far-flung towns beyond the suburbs and the urbanized core. Until the past five or ten years, small cities, such as Cartersville, Griffin, Carrollton, and Monroe, have tended to remain generally isolated and separate from Atlanta, almost totally independent from the lives of central city residents. While institutions in smaller cities continue to serve people living in outlying towns and counties-- schools, churches, clubs, and many professional services are still basically organ ized around local people--there are increasing signs that the previous separation is changing. To a greater extent than ever before, people are now spending more of their money and time in places other than where they live and the outlying communities are being absorbed by, and involved in activities in the urban core.

This is not to say that the identity of the outlying cities and towns is dis appearing. Neither does it appear that the prevailing sentiment of people living in outlying counties would favor a closer relationship to Atlanta. To the contrary, these places are more prosperous and certain of their future, and they now offer more services to their citizens than ever before. But even here, much of their recent vigor results from the added ties to Atlanta. Many industries, for example, have located their plants in outlying cities because they can enjoy certain smaller town advantages, yet can still easily serve the vast Atlanta markets and dis tribution facilities.

There is much evidence which would support the thesis that a new relation ship is being established:

The U. S. Office of Management and Budget has recently expanded its definition of the Atlanta Standard Metropolitan Statistical Area from five to 15 counties, a definition based partly on the amount of commuting to jobs which presently exist by residents of outlying areas to central city (Atlanta) employment centers.

Atlanta is considering a proposal to relocate its main airport facil ities to a rural site 40 miles from Five Points, an action which could substantially and permanently affect the future growth and land use of at least three outlying counties.
A proposal has been made in the General Assembly (and which served as the basis for this Study Design) to construct a new circum ferential highway facility around Atlanta, a project which, if carried out, could produce a profound change in the economies of at least 15 counties.
A feverish pitch in land buying has begun to occur in these 15

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counties, based upon anticipated development of rural land to suburban and urban densities. One of the results of these private activities has been to shift the economy of these counties from their traditional agricul tural base, to stimulate intensive pressure for new roads, utilities and urban services, and generally, to establish a new voting elite.
As a corollary, residents of metropolitan Atlanta's core counties are investing in fringe-area property at an unprecedented pace. Such investments take many forms, including second homes in the mountains and on Lakes Lanier or Allatoona, estate-size subdivisions near Monroe and Villa Rica, and farms in Douglas and Newton counties.
Land development and population growth has intensified the com petition among cities and counties for water, which is felt to be abundant in the northern areas and scarcer in the southern areas. One county today can, through its water and sewer policies, influence the size, rate of growth, and changes of development, of another county. The Corps of Engineers, which has begun to address this problem, discovered that its study would have to cover a territory of at least 12 counties in order to be able to propose reasonable solutions to the water resource alloca tion problem.
GROWTH AND TRANSPORTATION
From the outset, the Study Design recognized the new and closer relation ships beginning to emerge between the fringe counties and the urban core. Future transportation requirements in the 15 fringe counties will, in large measure, be set by Atlanta's growth which is spilling over into the outer region.

To an important extent, the spillover is itself creating the closer ties between the core and fringe counties. The interstate system has permitted At lanta's growth to reach out into fairly distant places and, simultaneously, has brought to outlying residents opportunities to avail themselves of jobs, stores, and leisure-time activities which Atlanta offers. The special prosperity which the external counties now enjoy because of the proximity of Atlanta results from a transportation system which is also bringing Atlanta's growth and influence out to these counties.
The need for a new perimeter transportation system in the 15 outer region counties, therefore, rests fundamentally on the question of Atlanta's growth, character, quality, and timing of that growth. If it is assumed that Atlanta will continue to grow, then it follows that more transportation capacity will be re quired. Growth requires movement systems; if the former is expected, the latter must be supplied. But that growth can take many forms, and each would require totally different transportation solutions.
The notion that growth--in effect, the use of land--is related to transporta tion demand has long been recognized. Transportation planning has, for more than two decades, used projections of land use as a basis for estimating future transportation needs. Along with such other factors as existing roadway capa cities, automobile ownership, and similar characteristics, future land use was used as one variable in models used to justify the construction of many express ways and arterials in major urban centers in Georgia.

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Traditional land use plans, however, have not always proven to be an ade quate basis for determining transportation needs. Particularly in metropolitan areas, where the economy is dynamic, such plans have tended to understate the amount and location of future growth. Furthermore, little recognition was given to the role played by the facility itself in inducing growth: in effect, there was no attempt at a '^feedback" process, one which would project expected growth, design a transportation facility to serve this growth, and then estimate and feed back into the equation the influences which the facility itself will have on the original projections.

Atlanta's perimeter highway, 1-285, is a classic example of the inadequacy of traditional land use and transportation planning methods. The road was placed and designated to serve a land use plan, and would have served the area ade quately if development had occurred as expected. But the highway attracted growth of an intense scale, far beyond what was anticipated. Eventually, the large-scale land use changes reduced the usefulness of the very facility which gave it life.

The Study Design sought to deal with this flaw in the transportation plan ning proceas, and it describes a means for anticipating changes which would likely occur as a result of the construction of a new transportation facility. But the Study Design moves beyond this elemental point: It provides a mechanism for examining not only the quantity but also the quality and desirability of the growth expected to result from a new transportation facility.

Furthermore, Study Design recognizes that various transportation modes, as well as variations in the size and design of the right-of-way, will attract dif ferent types of development. The character of land use which will contrast sharply with that which has been drawn to expressways' sections and intersections. Busways will produce still a third type of land use configuration, arterials a fourth, parkways a fifth, streetcars a sixth, and so forth.

The central theme, then, around which the study was designed was to inter relate transportation and growth: more precisely, to provide a means for evaluat ing future transportation needs in terms of a growth policy--one which could be defined, through broad official, technical and lay participation, both by the region as a whole as well as by local areas. It was the premise that transportation system, which can stimulate development, can thereby be used as a way of achieving a predetermined growth form.

Therefore, the Study Design establishes a means, utilizing public officials, citizens, and technical personnel, for selecting a desirable growth pattern (or patterns), and a way of placing new transportation facilities in areas where growth is needed or desired. In fact, since various modes (automobile, rail, and bus) produce distinctively different development patterns, the design makes it possible to select a mode which would achieve the kind of development sought.

Finally, the Study Design reflects the view that, while transportations sys tems influence and stimulate growth, other public investments also have this ability. The location of a college, hospital, or park, or the extension of water and sewer lines into an undeveloped area can also set off a developmental reaction.

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Most capital expenditures, in fact, influence land use change; conversely, the absence of public investments generally retards private investments. Although most types of public expenditures cause less change than would a highway or mass transit system, the expenditures, which combined with transportation, can have a substantial effect on the character of an area, especially a rural environment.

The Study Design suggests, therefore, that public investments be planned and, if possible, programmed as a total package, and used as a strategy to achieve a preselected growth pattern. Proposed transportation corridors would also con tain other public systems: utilities, schools, parks, health services, and so forth, and related to a land use plan.

In the Study Design, the total planning of a section of the outer region is referred to as an investment sector. The outer region is too large to be planned at the same time, so sectors are recommended to be established during the First Phase effort. Growth patterns would be drawn for each sector, starting with those having the highest priority. In the plan, all major public investments would be identified, including any possible transportation systems. At the location hear ings on the transportation element, a simultaneous location hearing would be held on the nontransportation investments as well, hence the name "investment sector".

In summary, this Study Design sought to introduce innovations into the traditional transportation planning process. It identifies the means by which growth concepts, patterns, and policies can be developed for the region and for the outer fringe counties, as well as how these can receive the guidance and participation of elected officials, local citizens and technical personnel. It also sets up the system by which public investments, particularly transportation ex penditures, can be used to achieve these concepts, patterns, and policies.

SIMULATION OP THE STUDY
The work program was a result of a technique adopted in the Study Design process known as "simulation". The Design Team went through a step-by-step mock effort of how the study would eventually be carried out. It "simulated" the actual study, recording those tasks which would have to be performed if they were, in fact, being undertaken during the Study Design effort.

SUMMARY OF STUDY DESIGN PURPOSES OF THE STUDY

The original and specific purpose of this effort was to design a study which would examine the need for a second circumferential highway around Atlanta. Referred to as the "Outer Loop Highway", its purpose was to relieve the increas ingly crowded conditions on 1-285, and to purchase a right-of-way before land costs became prohibitively expensive.

Even before the Study Design was authorized, however, the original concept of a second circumferential expressway began to broaden: to determine how a corridor could be selected which might contain other modes than automobiles,

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including a modal mix; to consider how social, economic and environmental effects could be accounted for; and to describe how citizens and public officials, at the local, regional, and state levels, could be brought into the planning process.

METHODOLOGY OF THE STUDY DESIGN
The Study Design recognized that, in order to plan a facility which would meet these broader demands, certain planning impediments would have to be confronted:
There were many governmental units whose objectives and opera tions would need reconciliation and involvement;
There were many plans and programs which now exist and are being used, but many of these are uncoordinated, sometimes inconsis tent, and of varying degrees of quality and broadly focussed;
The area under consideration is large--the corridor is more than 200 miles in length--and contains a variety of conditions and transporta tion demands. The need to stage so complex a project became im mediately apparent and the basis for determining the staging program became an important consideration;
There is no existing governmental entity, nor existing public de cision-making process capable of undertaking the required planning program. State planning and intergovernmental liaison is still in an em bryonic condition.
Furthermore, the Study Design sought to draw closer the relationship be tween growth and transportation. Its premise was that transportation systems (as well as other public investments) can be a device for producing predeter mined growth responses; and that, if a desired growth could be formulated, public investments could be so placed as to help produce this pattern. Therefore, the emphasis here was to find a way for the region to agree on a growth policy and form.
To understand better the scale and complexity of the problem, the Study Design undertook to simulate the project. It went through, on a superficial basis, each of the steps which would have to be taken in the study itself:
Inventory and analysis of existing physical, social, and economic conditions, in the 19-county region and, in somewhat greater detail, in the 15 outlying counties;
The Organization Structure would establish a Policy Committee to guide the work. This committee would be composed of 26 elected and lay officials from the General Assembly, county and municipal governments, and from the seven Area Planning and Development Commissions (APDC). It would be aided in its de liberations by four other committees: one composed of public interest groups, another made, up of technical personnel (primarily the heads of departments of state governments, the APDC's, and the City of Atlanta) ; a third drawn from the Policy Committee and made up of officials in the corridor; and a fourth,

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also drawn from the Policy Committee, and who would deal with specific land use, transportation, economic development, natural environment, and govern mental services consideration.
The Policy Committee would choose a Project Director who, in turn, would hire a staff. The Study Design recommends two assistant directors: one, a Public Agency Coordinator, to direct and coordinate the work of the various de partments of state governments and the APDC's; and the second, a Technical Director, who would coordinate the work undertaken by firms outside the govern ment.
The Work Program is divided into phases. Phase I, called "Feasibility Phase", which would last for 12-to-15 months, would seek to organize the study team, select a regional alternative development concept (or concepts), choose alterna tive growth patterns for the outer fringe counties, indicate important public investments necessary to serve these patterns, divide the corrdior into sub areas (called "investment sectors"), select a preferred growth pattern for the invest ment sectors, indicate the transportation corridors, and suggest which sectors seem to have the highest priority in terms of development pressures.

Phase II, called "Locational Phase", would begin to detail the high-priority area growth patterns, including the identification and location of major public investments which would be needed to serve the adopted growth pattern. Trans portation alignments and modes would also be chosen. Locational hearings would be held, not only on the transportation elements, but, simultaneously, on all major public investments, so that these can be planned together and be used to stimulate the prescribed growth form.
During Phase II, generalized plans would also be produced for .the lowerpriority sectors, key development issues would be defined in these areas, and critical areas and alternative transportation corridors would be identified.

Subsequent phases would continue the cycles bagun in Phases I and II. Generalized plans for the lower-priority areas would be detailed, design hearings would be held on the public investments to be placed in the high-priority areas (including transportation segments), and location hearings would be held on the public investments which are anticipated for the lower priority areas.

It was estimated that Phase I would cost $1.3 million to complete. Half of these funds, or $650,000, are recommended to come from-the budgets of various departments of the state government--the largest share from the Department of Transportation--and the other half from the Federal government and other outside sources.
Inventory and analysis of existing goals, policies, plans, and pro grams in the 19-county region, especially in the outer fringe counties;
Definition of key regional developmental issues which the region might have to address in determining a growth form;
Projection of growth in the 19 counties and formulation of alterna tive growth patterns;

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Description of the implications of each growth alternative, in terms of their effects on social, economic, and environmental objectives, as well as their implications for transportation, particularly to serve the outer 15 counties.

Utilizing this simulated procedure, the Study Design was then able to de scribe the types of work tasks needed to be performed in order to choose a growth alternative region, and to describe the transportation systems which would be required to serve the chosen pattern.

RECOMMENDATIONS OF THE STUDY DESIGN
The Study Design concentrates on two types of recommendations: those related to the Work Program and those concerned with the Organization Struc ture.
The Work Program sets out five objectives which it then seeks to address in 230 specific work tasks:
Relate public investments (particularly transportation expendi tures) to a regional growth policy. The Work Program describes how such a policy can be formulated, and how detailed planning would occur in the outer fringe counties;
Establish full, direct, and continuing participation in the planning process by public officials, citizens, and technical personnel. The Organ ization Structure provides for this participation;
Identify the important and critical problems concurrently at the macro and micro scales; that is, the Work Program provides a means for examining early in the planning process (while system planning is occurring) those sensitive sections of the corridors which will require special detailed ameliorative consideration;
Interrelate the expertise of many disciplines--transportation and traffic planners and engineers with economists, ecologists, urban plan ners, public management specialists, sociologists, and others--in order to confront the complex issues needed to be resolved.
Formulate an interdepartmental/interagency mechanism at the state and APDC levels to overcome the public institutional impediments.

COMMITTEE RECOMMENDATIONS AND CONCLUSION
The Committee has agreed that growth, whether regional or local, is within itself good and necessary for a healthy economy, if the growth is planned and executed for the greatest benefit of the majority of the people. Therefore, growth and development must be planned, organized and must include all related aspects for the best quality of life for the total area involved.
The Committee recommends that a committee be appointed each consecutive

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term of the Legislature to continue to study and update their findings and changing conditions and report each year to the General Assembly its findings.

The Committee realizes the enormity of involvement by such a large segment of governmental agencies and therefore will need continuous input and leadership and feels that the Department of Transportation should appoint a coordinator or chairman from within its department to tie all the various agencies together.

The Department of Planning and Budget should have a designated person within its department to co-chair and assist in the continuing efforts to keep the Governor and all other departments apprised of the progress made.

The Committee has learned through its study that the proposed outer trans portation system would tie into MARTA and would compliment each system respectively.

The outer loop bus system would cost less than one-half of the projected cost of MARTA and would serve approximately four times as many people.

These are changing times and the need for updating and revising the study will be necessary. The Committee is concerned that the interest created thus far could wane and the project might not proceed to a final conclusion as desired, because of the length of time necessary in which to plan the project, including planned growth and all related subjects, a period of many years.

It is estimated that the study, design and the actual construction and developing of such a corridor loop will take approximately ten to fifteen years and that the need will exist long before the project is undertaken. Therefore, time is of the essence, and the Committee urges all related and affected governmental agencies to give this report their active concern and consideration.

Respectfully submitted,
/s/ Hugh Lee McDaniell Representative, 20th District
/s/ James D. Mason Representative, 59th District
/s/ E. B. Toles Representative, 16th District
/s/ J. Crawford Ware Representative, 65th District
/s/ Joe T. Wood Representative, 9th District

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The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED'PERSONS

REPORT OF THE ELEEMOSYNARY INSTITUTIONS SUBCOMMITTEE
OF THE STATE INSTITUTIONS AND PROPERTY COMMITTEE

THE SUBCOMMITTEE

Honorable Hugh Lee McDaniell Representative, 20th District Chairman Honorable J. Floyd Harrington Representative, 93rd District Honorable Paul E. Nessmith, Sr. Representative, 76th District Honorable Dewey D. Rush Representative, 104th District

Honorable William S. Stephens Representative, 37th District Honorable Albert W. Thompson Representative, 86th District Honorable E. B. Toles Representative, 16th District Honorable Doug Whitmire Representative, 9th District

December 1974
INTRODUCTION
Your Subcommittee on Eleemosynary Institutions has attemtped to make an on-site inspection of the major institutions under the control of the Department of Human Resources. While inspecting these facilities, the Subcommittee also met with officials of the institutions to gain firsthand information on any problems they have in carrying out their responsibilities. In most instances, the Subcommittee's visit was unannounced since it was believed that observation of the day-to-day operation of the institution would be more meaningful, and a prior announcement could possibly have lead to preparation for the Subcommittee's arrival. Although the observations contained in the body of this report are not separated for each institution, the Subcommittee would like to point out that these remarks have resulted from visits to the following institutions:
1. The Georgia Retardation Center at 4770 North Peachtree Road. Two visits.
2. The Georgia Mental Health Institute at 1256 Briarcliff Road, Northeast. Two visits.
3. The Georgia Regional Hosiptal at Atlanta, Panthersville Road, Decatur.
4. Northwest Georgia Regional Hospital at Rome. Two visits.
5. Central Georgia Human Resources Center at Milledgeville.
6. Southwestern State Hospital at Thomasville.

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7. Gracewood State School and Hospital at Augusta. 8. Georgia Regional Hospital at Augusta. 9. Georgia Regional Hospital at Savannah.

As indicated above, the Subcommittee visited all Regional Hospitals expect the one in Columbus which did not open until December 2, 1974.

FINDINGS AND RECOMMENDATIONS

One problem that came out at each institution was that of relatively low pay for professional personnel. Many of the institutions have a fairly high turn over rate among their professionals because of this problem. The Subcommittee feels that a partial answer might lie in adopting Florida's policies with regard to employing foreign medical graduates. The Subcommittee recommends that the Department of Human Resources explore this possibility with the State Board of Medical Examiners. Although Georgia law has been modified in recent years relative to the employment of foreign medical doctors (Ga. Code Ann. Sections 84-907.4, 84-907.5 and 84-907.6) and additional legislation is probably not needed, in its study of this problem with the Medical Board, the Department of Human Resources should report to the General Assembly if any further changes in the law would be necessary.

Another problem is the very low pay of attendants and other custodial per sonnel. Some personnel in these categories have take-home pay as low as $70.00 per week. This scale makes it difficult to hire personnel and to retain them once employed. It also appears that it is even more difficult to obtain such personnel for the night shift. Consideration should be given to revising the pay scale of personnel in these categories, and that consideration should explore the possibility of a differential in the pay scale for the night shift workers.

Another problem brought to the Subcommittee's attention was the lack of public transportation to the Georgia Retardation Center. Many of the employees at this institution do not have private transportation, and although public trans portation came within two blocks of the Center, the Center itself was not served. The Subcommittee followed up on this problem immediately and is able to report that public transportation now serves the Retardation Center.

The Subcommittee also found that the use of carpet in some institutions presents problems, both in sanitation and maintenance. While opinion is not uniform on the subject, the Subcommittee believes that the sounder view is that, at least in areas where patients are not ambulatory, a floor covering other than carpet, probably vinyl or terrazzo, should be used.

Another problem is different regulations on the same subject matter by different governmnetal agencies. Many examples of this problem exist, but the following will illustrate the point: the State Fire Marshall forbids garbage can liners while health regulations require them. The agencies should get together to resolve these problems immediately, and while it is doubtful that Georgia law has led to such an unreasonable result, the agencies should report to the General Assembly any conflicts in the law if they exist.

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In connection with conflicting requirements of governmental agencies, it should be observed that requirements under Federal programs have led and are leading to almost absurd results in some instances. Again, many examples are available but consider the following: under Federal regulations soon to become effective, the hallways at the new regional hospital at Columbus (opened De cember 2, 1974) will not be wide enough. It seems that Federal requirements will provide that a hallway must be wide enough to push a hospital bed down it sideways rather than from end to end. Depending on the construction of the building (whether or not the walls are free-standing or support the building) the cost of modifying the building to meet these requirements could approach its original cost. While the Subcommittee does not feel that it can make a general recommendation on the matter, it may well be that the advantages gained in the way of Federal money by meeting these requirements will be more than offset by the cost to the State involved in meeting them, in some instances. The Sub committee recommends, therefore, that State agencies examine each case very carefully and adopt the approach that will be least expensive to the taxpayers of Georgia in keeping with reasonable health, sanitation and safety requirements. If the decision is made to modify these buildings to meet Federal requirements, State agencies should make every effort to obtain any Federal money that may be available for these modifications.

The most serious problems the Subcommittee found involved architectural inadequacies of buildings at some of the institutions. Some of these problems have been pointed out before, and members of the General Assembly are aware that the State has had to file suit in some instances to recover losses unnecessarily incurred because of the design of buildings. This report, therefore, will confine itself, by way of example, to the problems encountered at Northwest Georgia Re gional Hospital at Rome. While other factors are involved to some degree, the Subcommittee has found that most of the problems at Northwest resulted directly from the architectural firm that did the design and maintained architectural control during construction. Over 400 change orders have been issued and an extension of almost two years has been required. As of the issuance of this report, the complex, costing almost 10-1/2 million dollars, is still unfinished and unoccupied.

The Subcommittee visited this facility twice during the 1974 interim. The first visit was in May, and to the astonishment of the members, they were re fused admittance to the grounds and buildings by the superintendent of the construction company, who, it appears, was acting under the policy of the Georgia Building Authority. On- meeting with Dr. Raymond Corpe, the Super intendent of Northwest, and his staff, the Subcommittee was advised that they too (Dr. Corpe and his staff) were denied admittance to the construction site, and, as a result, they knew no more than the Subcommittee about the progress of the construction. Moreover, because they were denied entrance to the grounds and buildings, Dr. Corpe and his staff were unable to coordinate plans for the
installation of equipment and the movement of patients. While it is clear that the
general public should not be allowed to wander about construction sites for
their own safety and that official visitors should be required to comply with safety
requirements, the denial of entrance to officials that will be directly responsible
for running the institution and the denial of entrance to an official body of the
General Assembly can only be described as outrageous. Needless to say, that
policy has now been changed. The complex was supposed to have been 90%
complete at the May visit. Actually, it was far from reaching that point.

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After discussion with officials of the Georgia Building Authority, the Subcommittee made a return visit to Northwest on July 18. A reporter from the Rome News Tribune was also present at the invitation of Representative E. B. Toles. On this visit, the Subcommittee was allowed entrance and made an onsite inspection of the buildings and grounds. Tall weeds were evident and few construction personnel were present. The Subcommittee found that the lighting system was defective and after one hour's time, the electricity would go off. The system that was to cool and heat the complex was also defective and being dug up and replaced. The Subcommittee observed many architectural changes that had been brought about by necessity to make the building functional. The Subcommittee consulted with John Sims of the Georgia Building Authority to determine why all the changes and delays were necessary when this building should have been completed in approximately two years. The Subcommittee was informed by him that the changes were necessary and were caused by architec tural deficiences and lack of proper design and material used in the project. It is the opinion of the Subcommittee that there is no acceptable excuse for the patients at Northwest having to spend another winter in the delapidated WW II barracks that presently suffice for this institution. These barracks are hard to heat and generally uncomfortable and unworthy of being a State facility. It is particularly disturbing to the Subcommittee to know that the State has long since attempted to more adequately fulfill its responsibility only to be frustrated by the conditions herein described.

In order to avoid a continuation of problems arising like those at Northwest, which, as already pointed out, is only one of many examples, the Subcommittee recommends that the Georgia Building Authority give serious consideration to employing a mechanical engineer and a structural engineer and gaining the assistance of an active building contractor on a continuing basis to review and approve or reject any architectural plans for State buildings. It is believed that such a procedure would greatly reduce or entirely eliminate these problems. The General Assembly may also wish to consider legislation to this effect.

Although this report deals mainly with problems, the Subcommittee is glad to be able to make the following positive observations:

1. The cooperation of State officials and employees at the insti tutions visited by the Subcommittee was excellent. The Subcommittee gained the distinct impression that, for the most part, these people are competent and dedicated to the welfare of the patients for whom they are responsible.
2. The reorganization at the Central State Complex, while still not completely ironed out, seems to be working smoothly and much more satisfactorily than a few months ago.
3. Sanitary and physical conditions at the institutions have greatly improved during recent years and vastly improved during the last eight years.
Finally, the Subcommittee believes that its visits to State institutions should be continued, because the benefits are both tangible and intangible. First of all, these visits uncover problems and deficiences that can be and often are corrected much sooner than might otherwise be the case. Secondly, and perhaps this is

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even more important, the personnel of these institutions learn that they are not completely buried in the bureaucracy, and that the Central Assembly is interested in their problems, even if those problems are not always susceptible to immediate solution. While deficiencies should be noted and corrections made, dedicated and competent people should know that they are appreciated by the General Assembly of Georgia.

Respectfully submitted,
/s/ Hugh Lee McDaniell Representative, 20th District Chairman
/s/ Paul E. Nessmith, Sr. Representative, 76th District Vice Chairman
/s/ Doug Whitmire Representative, 9th District Secretary
/s/ J. Ployd Harrington Representative, 93rd District
/s/ Dewey D. Rush Representative, 104th District
/s/ William S. Stephens Representative, 37th District
/s/ Albert W. Thompson Representative, 86th District
/s/ E. B. Toles Representative, 16th District

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4313

The General Assembly State Capitol Atlanta
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS
REPORT OF THE FULTON COUNTY BOARD OF EDUCATION
STUDY COMMITTEE

THE COMMITTEE

Honorable Dick Lane Representative, 40th District Chairman Honorable G. D. Adams Representative, 36th District Honorable Haskew H. Brantley, Jr. Representative, 22nd District

Honorable Guy Hill Representative, 41st District Honorable Gerald T. Horton Representative, 43rd District Honorable Robert A. Irvin Representative, 23rd District

.December 1974
INTRODUCTION
The Fulton County Board of Education Study Committee was appointed by the Speaker of the House pursuant to his authority under House Resolution Number 3.

Interest in the question of the selection of members of the Fulton County Board of Education was stimulated by the introduction of a bill at the 1974 session of the General Assembly which would have changed the current method of grand jury selection to an elective school board if the bill had passed, which it did not, and had been approved at a referendum election.

FINDINGS
The Constitution of Georgia of 1945, by an amendment thereto ratified in 1966 (See Article VIII, Section V, Paragraph II, Ga. Code Ann. Sec. 2-6802) requires that a bill dealing with the makeup or election or appointment of a county board of education must be approved by a majority vote of the voters of the school district affected voting in a referendum election on the question. Prior to this 1966 amendment, county school boards could be changed only by a local constitutional amendment, since the makeup of the boards was provided for by the Constitution itself. The makeup of county boards provided by the Constitution (Article VIII, Section V, Paragraph I, Ga. Code Ann. Sec. 2-6801) is five members appointed by the grand jury, which is currently still in effect in Fulton County.

Because of the Constitutional requirements discussed above, the final decision on the makeup of a county board of education does not rest with the General Assembly but rather with the voters of the school district affected. In short, while

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the General Assembly may now adopt a local act on the subject pursuant to the 1966 amendment, the same amendment provides that the local act cannot become effective unless it is approved by a majority vote of the voters voting in the district affected. For this reason, the Committee decided that it would limit its purpose of determining whether or not sufficient interest existed among the
citizens of the Fulton County School District to justify submitting to them the question of changing the method of selecting their school board members. As a result, this report will not presume to tell the voters of the Fulton County School District whether an elective school board is better than an appointive one or vice versa. The Committee observes, however, that regardless of the manner of selec
tion of a school board, its effectiveness and the quality of education offered by it depends directly on the interest and support of the citizens making up the school district. During its study, the Committee received and reviewed considerable literature on the subject under consideration. A good example of this material is an article entitled "What works best: An elected or an appointed school board?" which appeared in the 1972 issue of The American School Board Journal. A copy of this article is attached as Appendix I.

In order to achieve its purpose, the Committee held a series of public hearings throughout the School District in an effort to measure citizen interest in changing the method of selecting the members of the Board. While considerable interest was manifested in the Fulton County School System and its Board of Education, the Committee did not find that citizen opinion demands that the question of changing the Board should be submitted to the voters in a referendum election. Among those persons who appeared at the hearings, it appears that at least as many were content with the present system as there were those who advocated changing to an elective board.

CONCLUSIONS AND RECOMMENDATIONS
For the foregoing reasons, the Committee concludes that, as a Committee, it should not recommend or oppose the adoption of a bill changing the method of selection to an elective board. It should be observed, however, that if such a bill is introduced at the 1975 session, which is a distinct possibility, the members of the Committee, in their capacity as individual members of the General Assembly, will consider the proposal on its merits.

Although the Committee does not recommend a referendum on changing to an elective school board, the Committee does believe that the current method of appointment by grand jury needs modification. As a result, if a bill is not intro duced to change to an elective board, or if such a bill is introduced and cannot secure sufficient support for passage, the members of the Committee will sponsor
a bill to accomplish the following objectives:

1. The creation of a Fulton County School Board Selection Commission. The Commission will, in effect, be a special purpose grand jury whose sole function will be to make appointments to the school board. The important difference between the Commission and the grand jury will be that Commis sion members will be required to be residents of the Fulton County School District. The regular grand jury is selected from throughout the County, including the City of Atlanta which has an independent school system, and with regard to appointing members of the County Board of Education, the Committee believes the method of selecting regular grand jurors is not fair
to the County.

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2. The provision of procedures for the screening of prospective ap pointees to the County Board of Education, including hearings, newspaper advertisements and notices of meetings of the Commission.

3. The submission of the Act incorporating the foregoing provisions to the voters of the Fulton County School District for approval or rejection in a referendum election.

FINAL REMARKS

The Committee wishes to express its sincere appreciation to the citizens of Fulton County who attended the public hearings and gave the members of the Committee the benefit of their views on the important subject that was under consideration. The Committee also commends these citizens for their admirable sense of civic duty.

APPENDIX A

WHAT WORKS BEST: AN ELECTED OR AN APPOINTED BOARD?

By Mark W. Hurwitz

The debate rages on. The question continues to nag. The dilemma does not diminish. Regardless of how you view it, the haggle over whether to elect or appoint school board members shows scant sign of resolving itself nor or in the foreseeable future. Maybe this is as it should be: A national method of selection (let's say a mandatory method) probably would be a mistake, if not a disaster.

More to the point, voters in a school district do not have the direct right to elect or appoint board members. It is the state legislature that prescribes the method of selection, because from a technical point of view school board members are state rather than local officials. In some states, it's true, laws gives school districts the option of appointing or electing board members.

For the sake of review--and to help assure that future arguments or discus sions of elected versus appointed are kept as objective as possible--here is a look at the basic rationales that underlie the two most commonly used methods for placing citizens on boards of education:

1, 2, 3, 4: ELECTION is what some are cheering for

Common sense tells you that people take more interest in their schools when educational issues are dramatized, as is the case in most school board elections. In addition, election of members is more demo cratic than is appointment. When they're elected, school board members become directly responsible to the taxpayers for their actions in main taining the type of schools people want at a cost the public is willing to pay.

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Here's another reason advanced to elect boards: Members feel they can assume more independent stances as they work toward better edu cation, whereas appointed boards may feel constrained to act in ac cordance with the desires of the authority that appointed them. Indeed, one of the main arguments for appointment by a mayor is that it will
make the mayor responsible for the schools as well as for the city government. And because the mayor or other appointing- authority is responsible, an appointed school board is either directly or indirectly answerable to an official who was elected upon local municipal issues and not necessarily upon school issues. To the extent that a board is responsible to such authority, it may not be free to act independently and in the best interests of the schools. Board members should owe allegiance to no person or political party, only to the public.

Simply stated, an elected board is more responsive to the will of the people than is an appointed board because its members are elected to represent the people in determining school policies. An elected board therefore can be held accountable by the public for its action, while an appointed board is only indirectly responsible to the people of the school district (through the mayor or other official or body).

Election, more often than appointment, protects school systems from local politics. If appointed, members sometimes are selected for the purpose of using the schools for patronage or the award of purchase contracts to supporters of local politicians. Playing the schools for patronage encourages the selection of teachers and other employes to be based upon political posture rather than caliber of professional per formance. Even worse, mixing schools with politics invites misuse of school funds to the direct disadvantage of both the schools and tax payers. Any sense of obligation to a municipal authority by school board members nurtures the political vim of the politicians in power at the moment.
When it makes decisions, a board relies in part upon the advice of its education specialists, namely, the superintendent and lower echelon administrators. Appointed board members, directed by a mayor or city council, can find it virtually impossible to act freely on professional advice regarding matters in which the city authority may be vested. As a consequence, costly and educationally unsound actions may be taken that prove detrimental to everbody.

Control by city hall is not professional in nature, and politicians do not always come in close enough contact with the board's administra tive officers to develop even a basic appreciation for a professional opinion about education. To put it bluntly, "pels" should never be per mitted to come between the board and the executive officer it has em
ployed to carry out its directives.

Finally, some statistics that speak for themselves: In 1963, 75 percent of the boards of education in the nation elected their members. In 1968, 85 percent elected them.
Mark W. Hurwitz is executive director of the New Jersey School Boards Association.

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5, 6, 7, 8: APPOINTMENT makes for less debate

Leading citizens in many cities and towns will accept the position of school board member if they're appointed to it, whereas they wouldn't be caught dead, literally, submitting themselves to the harassments inherent in the free election process. Professional and business people, especially, have good reason to shrink from subjecting their names and reputations to the misrepresentations common to political campaigns, including those contests that pose as nonpartisan.

Many people who possess the potential for becoming first-rate board members are unaccustomed to public defeat. Team this fact with an understandable reluctance to spend the personal time and money it takes to enter any type of standard election, and you have a situation where qualified people will rarely sit on boards of education.

Appointment usually is considered an honor, and some people are more likely to accept the office of board member on that basis and out of a sense of civic responsibility. Once they've accepted, they willingly devote lavish amounts of time and effort to their appointed task, most often without thought of any remuneration.

If board members are appointed, the appointing authority can be held fully responsible to the people for the actions of the board, for the integrity of the members appointed, and for any misuse of the schools by the appointing authority or by the board. If the mayor is the ap pointing authority it is logical to hold him responsible, as chief executive of the city, for all municipal government including the pubilc schools. This assumes that public schools are a city agency performing a city function, a contention usually ignored by boards and school authorities --perhaps because it is in opposition to many court rulings (although held to be good governmental theory by some political scientists).

Some argue that a mayor who has a firm handle on the politics of his city may be able to control the election of school board members without assuming responsibility for their actions. In truth and in practice, of course, such a statement is pure poppycock. .

Appointing sincerely dedicated people for long overlapping terms helps build a board that is much more objective and less politically oriented than if members vied for their jobs through public elections. To be sure, the average length of service usually is greater under the appointive system. And long service is not to be dismissed lightly be cause it encourages more consistent performance by the board, not to mention the experience it signifies in the everyday work of shaping
and of running the district.

When board members are elected on particular issues, they often feel they have a mandate from the people to make the bones of contention operable in the school system. The issues may be those the new member has raised without fully understanding their relation to sound educa-

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tional theory and practice. The desire to make changes is likely to encourage three pernicious practices or conditions: (1) the board may be led to take on certain administrative functions that should be per formed by the superintendent and his staff; (2) with frequent changes in board personnel, the superintendent may find it difficult to work with new board members and be forced out, resulting in numerous changes in the job of chief administrative school official, and (3) too frequent changes in board membership may keep educational policies and prac tices in a state of flux, retarding the consistent development of the school system.

Nonpartisan elections in large urban school districts are virtually nonexistent. More often than not, candidates for nonpaying board po sitions incur sizable campaign expenses, a situation that can easily discourage many qualified candidates at the same time that it encourages political sponsorship of candidates who are not altogether the best.

. . . AND NEITHER WAY GUARANTEES "GOOD" BOARDS

Whether a board member is elected or appointed, his chief quali fication should be a deep interest in the schools and a desire to represent the community as a whole. Neither selection process is fail-safe against producing members who will use their position for political, business or personal advantage. To function effectively, a school board must muster team spirit--as you know. Spotlight seekers have no place there--as you've probably observed more than once.

There are good and bad appointed boards, good and bad elected ones. No correlation exists between successful boards and a given form of municipal government. There is a correlation, however, between a good board and the community climate that is measured by the degree of community interest and responsiveness, enthusiasm and pride. Where dissatisfaction exists with the way things are going, a hue and cry is always raised to change the system. Records show though that there have been very few changes from one system to the other, and that such changes actually have made little difference. The same problems produced by the same community climate have remained.

The argument that the democratic process can best be served under the elective method might ring more true if a higher percentage of voters participated in board elections, To date, they have a notoriously bad reputation in New Jersey. For example, an average 14 percent of eligible voters turn out for school board elections. Furthermore, the paltry number of voters who participate in board elections seem to vent their spleen about a variety of issues unconnected with the schools. The board election often is the place to express negativism and an opportunity to strike out against authority and rising governmental expenditures at all levels. Taxpayers, in many cases, are not really voting on the school budget but against student unrest, teacher negotiations, irrelevant curriculum, a proposed income tax, a myriad of societal problems --M.W.H.

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SOMETIMES A CAUCUS CAN HELP

Some communities--among them Evanston, 111.; Ithaca, N.Y.; Great Neck, N.Y.; San Francisco--use or have experimented with the caucus plan of school board member selection. Many claim it's an excellent way to involve the whole community in the selection process.

A school board caucus is a body of school district volunteers who canvass; screen and nominate the best available candidates for board membership, whether the final selection is by election or appointment.

Caucus members usually are selected from the civil subdivisions of the district or from community organizations. Or they may be chosen on a combination basis with the following underlying principles serving as guidelines:

The caucus body should be broadly representative enough of the school district so as to deserve the confidence and support of the entire com munity.

It must be completely independent of any civil, political or community organization.

Caucus members, whatever the basis for their selection, should be individuals dedicated to the best interests of the schools.

Membership should be on a rotating basis, with a one-third to one-half carryover of old members into each succeeding period of operation.

The period of service of a caucus body should extend from one school board election or appointment through the next with a sufficient number of meetings to accomplish the following tasks:
1. Select a caucus chairman, secretary, committees and such as stipulated by the constitution and bylaws of the caucus organization.
2. Obtain suggestions from citizens regarding qualified candidates for board service.
3. Gather complete data on each potential candidate and set up screening procedures.
4. Interview and obtain consent from candidates finally chosen by the causus.
5. Present names of candidates to the proper authorities.
6. Publicize caucus selections to the district including supporting data and a plan for community support for caucus candidates.
7. Arrange for selection and orientation of new members of the caucus body for the next period.--M.W.H.

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The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OF THE LAND ASSESSMENT STUDY COMMITTEE

THE COMMITTEE

Honorable Dorsey R. Matthews Representative, 122nd District Chairman Honorable Don Castleberry Representative, 96th District Honorable George A. Chance, Jr. Representative, 112th District Honorable Marcus E. Collins Representative, 122nd District Honorable Michael J. Egan Representative, 25th District

Honorable Peyton S. Hawes, Jr. Representative, 43rd District Honorable W. Jones Lane Representative, 76th District Honorable Grover C. Patten Representative, 123rd District Honorable L. L. Phillips Representative, 103rd District Honorable Tom Triplett Representative, lllth District

January 1975
INTRODUCTION
The Land Assessment Study Committee was created pursuant to H. R. 795 by the 1974 session of the General Assembly of Georgia. Under the provisions of H. R. 795 the Committee was composed of ten members of the House of Repre sentatives appointed by the Speaker. The Committee was charged with conducting a thorough study of the questions of land assessments, with particular regard to be given to the techniques of preferential assessments, diverted tax and re stricted agreements.
WORK OF THE COMMITTEE
The Committee held fourteen days of public hearings at the State Capitol during 1974, beginning in July and continuing through the months of August, September, October, November and in January of 1975. Prior to the first of these meetings, the Committee directed the Office of Legislative Counsel to undertake appropriate research into taxation and land use legislation in force in the several states, as well as into the legal and constitutional restraints in Georgia on these various forms of tax relief. Additionally, the Department of Agricultural Eco nomics of the University of Georgia was requested to review the particular problems of agricultural and recreational land use in Georgia and to prepare presentations and recommendations for the Committee. At a later point in the Committee's deliberations, the Georgia Department of Revenue was requested to gather additional information for the Committee, particularly with regard to the financial impact of various proposals for tax relief.

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During the Committee's hearings, representatives of interest groups, voter groups, consumer groups and governmental agencies were offered an opportunity to be heard and to make recommendations to the Committee. Among the organiza tions participating were: The League of Women Voters; Georgia Department of Natural Resources; Southern Bell Telephone and Telegraph Company; Sears, Roebuck and Company; Georgia Department of Agriculture; Georgia Forestry Association; Petroleum Council of Georgia; Southern Railway System; Atlanta Gas Light Company; Georgia Chamber of Commerce; Department of Real Estate
of Georgia State University; Georgia Department of Revenue; and the Georgia Municipal Association.

In its work, the Committee was particularly indebted to Drs. Steven Brannen and Fred C. White of the Department of Agricultural Economics of the University of Georgia and to Commissioner John Blackmon and the staff of the Georgia Department of Revenue.

FINDINGS

The rapidly changing nature and form of taxable wealth has combined with the rising cost of government and inflation to present the ad valorem property taxpayers of this State with an inequitable share of the burden of taxation. This inequity has fallen upon no one more heavily than homeowners, home renters and farmers.

Many of the several states have recognized this unfair shift in the burden of taxation by the enactment of various forms of property tax relief. Well over two-thirds of the states, for example, have adopted some form of "green-belt" legislation which permits agricultural, and sometimes open-space and recreational lands to be assessed for ad valorem taxation at their highest and best use value for agriculture (or recreation, etc.), rather than at their highest and best use
value for all purposes. Other states provided for preferential assessments after state purchase of development rights to the land or after agreement to covenants restricting land use to certain purposes. Still others maintain classification sys tems for assessment of lands and thereby shift the burden of taxation away from
specific types of landholdings.

All of these methods of tax relief for property owners, though desirable, are blocked in Georgia by the provisions of Article VII, Section I, Paragraph III of the Constitution. That Paragraph requires that all taxes are to be levied and collected under general law and are to be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. The effect of this provision is to require the approval of a Constitutional amendment prior to the passage of "green-belt", preferential assessment or diverted tax legislation.

Since the need for ad valorem property tax relief is so urgent, the Committee has determined that a more immediate form of tax relief is necessary. One alterna tive which would not require constitutional change is an increased state partici pation in the funding of required local effort under the Adequate -Program for Education in Georgia. A second alternative is the "circuit breaker".

Traditionally, the circuit breaker is a provision of a State income tax code which provides a credit against the income tax for certain qualified persons whose property taxes on their homes exceed a certain percentage of their incomes. The

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older laws limit eligibility to the elderly and generally require that the property taxes be in excess of anywhere from 4% to 1% of the person's income. Some states permit renters to claim a portion of their rent as property taxes, and some states limit participation to persons whose total income is less than a certain amount. The approach is generally considered to be a form of tax relief for the poor.

Several states, taking their lead from the more traditional circuit breakerstates, have developed what has come to be known as the "super circuit breaker". It is a traditional circuit breaker, but differs in two major ways:

1. Participation is opened to all persons over the age of 18; and

2. Taxes paid on farm lands may be included in determining the income tax credit.

The circuit breaker approach affords an immediate opportunity to provide incentive for desirable use or nonuse of land and, at the same time, to provide tax relief to those who share an unfair portion of the tax burden. The approach is extremely flexible in that the formula by which the amount of credit is computed may be adjusted to provide relief and incentive for any desirable kind or variety of land ownership and to any degree. The circuit breaker does not require a con stitutional amendment and permits the needs of diverse elements of the population to be addressed within a single piece of legislation. Lastly, the administration of a circuit breaker is relatively simple. Applications for credit follow the same
channels as income tax returns, and rebates are made in the same manner as income tax refunds. The county system of ad valorem taxation is affected in no manner whatsoever.

RECOMMENDATIONS

1. The Committee strongly recommends the adoption of the circuit breaker tax credit and rebate program which is attached to this report as Appendix I.

The proposed circuit breaker is basically quite different from that in any other state. Like other circuit breakers, a percentage of income is established-- at 3% of disposable income. Disposable income is to include every form of income received by an individual, including pensions, social security, welfare and capital gains. Deductions are permitted from that amount only for bona fide business expenses. A percentage of rent on a home or apartment is included as property tax. In this case, 15% of rent is designated. Here, the similarities with other states begin to end.

The proposed circuit breaker is open to every Georgia resident who pays property taxes, although corporations are not included. No age limit is set nor is there an income limit. In order to limit benefits to those who need them, a cap of $2,500 in credit is mandated. The real differences, though, come in two major areas:

a. Taxes paid on all property, except for motor vehicles, are included in order to determine the amount of credit; and

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b. Income of estates and property taxes paid by estates, trusts and familyowned farming corporations are available to the beneficial owners or stockholders for purposes of computing their benefit.
Under this attribution provision, the beneficiary of an estate or trust would add to his disposable income the amount of his proportionate share of income received by the estate or trust. Concurrently, the beneficiary would add to his taxes paid, a proportion of the taxes paid by the estate or trust, based upon his share of beneficial ownership.

The concept of the family-owned farming corporation is a little more complex. To qualify as a family-owned farming corporation, the corporation must be at least 80% owned by Georgia residents who are related to each other no more distantly than first cousins. Additionally, the corporation must have received at least 80% of its income in a given year from bona fide farming operation within the State of Georgia. Once the corporation has qualified, a stockholder who is also qualified (that is a resident of Georgia who has paid property tax) may add to his disposable income a percentage of corporate income equal to his precentage of ownership in the corporation. When this is accomplished, he may then add the same percentage of corporate paid property taxes to his property taxes. The credit is then computed on the entire total.

A claim could be made under the circuit breaker bill for a credit or a cash rebate. It would be filed at the same time Georgia income tax returns are filed and would cover taxes paid in the previous year. In the case of married persons, a single claim would be filed for both spouses. Appropriate provisions are in cluded for disallowance of fraudulent claims. As mentioned, no credit or rebate for a given year could exceed $2,500.

2. The Committee recommends that required local effort under the Adequate Program for Education in Georgia be decreased by an amount which is the difference between the actual annual cost of the circuit breaker tax credit and rebate program provided for in Recommendation #1 and $100,000,000.

Respectfully submitted,

/s/ Dorsey R. Matthews, Chairman Representative, 122nd District
/s/ Don Castleberry Representative, 96th District
/s/ George A. Chance, Jr. Representative, 112th District
/s/ Marcus E. Collins Representative, 122nd District
/s/ Michael J. Egan Representative, 25th District

/s/ Peyton S. Hawes, Jr. Representative, 43rd District
/.s/. ,,W,. JTones TLane Representative, 76th District
/.s/. Grover C_. P_atten Representative, 123rd District
/,s,/-,L. ,L. TMPh.i-lnl-ips Representative, 103rd District
/.s/. T_,om ,,Tr,i.p,le.,tt Representative, lllth District

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APPENDIX #1
A BILL
To be entitled an Act to provide for a rebate or credit against Geor gia income taxes for the amount of certain ad valorem tangible property taxes paid by an individual or attributable to an individual; to provide a declaration of purpose; to provide definitions; to require such rebate to be made or credit taken in the year following the year in which such taxes are paid; to provide for the computation of the rebate or credit; to provide a limitation on the amount of the rebate or credit; to establish a filing date; to require proof of claims; to define the right to file a claim; to provide certain limitations upon claims; to provide for the satisfaction of a claimant's outstanding tax liabilities; to provide for administration; to pro.vide for audits of claims; to permit denial of claims; to provide certain penalties; to permit redetermination of certain rental fees; to provide for appeals; to provide for disallowance of certain claims; to permit an extension of time for filing claims; to provide for severability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Declaration of Purpose. The General Assembly finds and declares that the burden of taxation has been inequitably distributed among the citizens of this State due to the rapidly changing nature and form of taxable wealth. Since the burden of taxation vitally affects the public welfare and the general economy of the State, it is necessary in the public interest that the General Assembly address itself to this problem. Therefore, pursuant to the Constitutional and inherent au thority of the General Assembly to provide for the exercise of the power of taxation and its responsibility to provide for and promote the gen eral welfare, and, pursuant to Article VII, Section II, Paragraph I, Subparagraph 7 and Article VII, Section IX, Paragraph I (c) of the Constitution of Georgia of 1945, as amended, in order to provide as sistance for aged persons in need and other welfare benefits and to provide for a more effective management and fiscal administration in the State, the General Assembly hereby adopts a program of tax relief
and assistance to the needy.

Section 2. Definitions. As used in this Act:
(a) "Claimant" means an individual who has filed a claim under this Act and who was domiciled in this State during the entire calendar year immediately preceding the year in which such claim for relief is filed.
(b) "Commissioner" means State Revenue Commissioner.
(c) "Department" means State Department of Revenue.
(d) "Disposable income" means adjusted gross income, as defined in the Internal Revenue Code of the United States, increased by the

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following to the extent any such income is not included in adjusted gross income:
(1) Capital gains.
(2) Support payments received from any source.
(3) Non-taxable strike benefits.
(4) Cash public assistance and relief (not including relief granted under this Act).
(5) The gross amount of any pension or annuity (including railroad retirement benefits, all payments received under the Federal Social Security Act, state unemployment insurance laws and veterans disability pensions).
(6) Non-taxable interest received from any source.
(7) The amount of any dividend exclusion.
(8) Workmen's compensation benefits.
(9) The gross amount of "loss of time" insurance.
(10) A proportionate share of the adjusted gross income received by a family-owned corporation, partnership, estate or trust when a portion of the property taxes paid by such family-owned corporation, partnership, estate or trust is considered as having been paid by the claimant as otherwise provided in this Act. For the purposes of this subsection, a proportionate share of the adjusted gross income of a family-owned corporation or partnership shall be a percentage of ad justed gross income equal to the percentage of ownership of the claimant and his household in such family-owned corporation or partnership. A proportionate share of the adjusted gross income of an estate or trust shall be a percentage of adjusted gross income equal to the percentage of beneficial ownership of the claimant and his household in such estate or trust.

Disposable income does not include gifts from nongovernmental sources, or surplus foods, food stamps or other relief in kind supplied by a governmental agency.

(e) "Family-owned corporation" means a corporation control of which is owned by individuals related to each other within the fourth degree of civil reckoning and which derived 80 per cent or more of its gross income from farming operations in this State in the year immedi ately preceding the year in which a claim for relief based wholly or partially upon property taxes paid by such corporation is filed. The term "control" means the ownership of stock possessing at least 80 per cent of the total combined voting power of all classes of stock entitled to vote and at least 80 percent of the total number of shares of all other classes of stock of the corporation. For the purposes of this section, a spouse shall be considered to be related to the same persons and in the
same degree as his or her spouse.

(f) "Farming operations" means a business conducted for bona fide agricultural purposes and includes horticulture, floriculture, forestry,

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dairy, livestock, poultry, bee, and all forms of farm products and farm production. For the purposes of this subsection, "bona fide agricultural purposes" means good faith commercial agricultural use of the land.

(g) "Gross rent" means rental paid solely for the right of occupancy of a Georgia homestead (determined at arms length). In any case in which a claimant and his landlord have not dealt with each other at arms length and the Commissioner has satisfied himself that the gross rent charge was excessive, he may adjust the gross rent reported by the claimant to a reasonable amount for the purposes of this Act.

(h) "Homestead" means a dwelling located in this State, in which the claimant actually resides, whether owned or rented by the claimant or his household, and may consist of a part of a multi-dwelling or multi purpose building and a part of the land upon which it is built. Ownership includes the interest of a vendee in possession under a land sale contract and the interest of one or more joint owners including tenants in common.

(i) "Household" means a claimant and, if the claimant is married, an individual related to the claimant as husband or wife.

(j) "Household income" means all disposable income received by all persons of a household in a calendar year while members of the house hold.

(k) "Internal Revenue Code of the United States" means the United States Internal Revenue Code of 1954 as it existed on January 1, 1975.

(1) "Property taxes" means all ad valorem property taxes upon tangible property located in this State, whether real or personal, which are assessed against and paid by the claimant or his household, ex clusive of such taxes upon motor vehicles and upon real property when paid by an owner or lessee as tax upon property constituting a home stead for which rent constituting property taxes could be claimed; and of special assessments, delinquent interest and charges for service. A claimant shall be considered to have been assessed and paid a percentage of the property taxes assessed against and paid by a family-owned corporation or partnership equal to the percentage of ownership of the claimant or his household in any such family-owned corporation or part nership. A claimant shall be considered to have been assessed and paid a percentage of the property taxes of an estate or trust equal to the percentage of beneficial ownership of the claimant or his household in
any such estate or trust.

(m) "Rent constituting property taxes" means 15% of the gross rent actually paid in cash or its equivalent in any calendar year by a claimant and his household solely for the right of occupancy of their Georgia homestead in such calendar year.

Section 3. Income Tax Credit for Property Tax. Beginning in calendar year 1976 and in each succeeding year, a claimant may claim, subject to the condition and limitations otherwise provided in this Act,

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a credit against Georgia income tax otherwise due on his household in come for the immediately preceding year for property taxes paid or rent constituting property taxes paid, or both, during such immediately preceding calendar year. If the allowable amount of such claim exceeds the income taxes otherwise due to claimant's household income, or if there are no State income taxes due on claimant's household income, the amount of the claim not used as an offset against income taxes, after audit by the State Revenue Commissioner, shall be paid to claimant by the Director of the Fiscal Division of the Department of Administrative Services out of the general funds of the State. No interest shall be allowed on any payment made to a claimant pursuant to this Act.

Section 4. Computation of Credit. For any calendar year, a claim ant shall be entitled to a credit or rebate, or combination thereof, as provided in Section 2, equal to the amount by which the property taxes and rent constituting property taxes paid by the claimant or his house hold during the immediately preceding calendar year exceeds 3 per cent of the claimant's household income during such immediately preceding calendar year.

Section 5. Limitation upon Credit and Rebate. No claimant shall receive in any calendar year in excess of $2,500 as a credit or rebate, or combination thereof, under the provisions of this Act.

Section 6. Filing Date. No claim for a credit or rebate, or combi nation thereof, under the provisions of this Act shall be paid or allowed unless the claim is actually filed with the Department on or before the due date, or where authorized the extended due date, of the Georgia income tax return for each year for which a credit or rebate, or combi nation thereof, is claimed for property taxes paid and rent constituting property taxes paid in the immediately preceding year.

Section 7. Proof of Claim. A claimant under this Act shall supply to the Department, in support of his claim, reasonable proof, as required by the Department, of rent paid, property tax paid, domicile, changes of homestead, household membership, household income, size and nature of property claimed as property for which tax has been paid, a statement that the property taxes used for the purposes of this Act have been paid, and a statement that there are no delinquent property taxes owed by the claimant or his household.

Section 8. Right to File Claim. The right to file a claim under this Act shall be construed to include only these rights which may be exercised under the Income Tax Act of 1931, as amended.

. Section 9. Limitation upon Claims, (a) Only one claimant per household per year shall be entitled to relief under this Act.

(b) When two individuals of a household are able to meet the quali fications for a claimant, they may determine between them which of the two shall be the claimant. If they are unable to agree, the matter shall be referred to the Commissioner and his decision shall be final.

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(c) If a homestead is occupied by two or more individuals, and more than one individual is able to qualify as a claimant, and some or all of the qualified individuals are not members of the same household, the property taxes paid or rent constituting property taxes paid on such homestead shall be apportioned between such individuals upon the basis of the amount of property taxes actually paid on such homestead or the amount of rent constituting property taxes actually paid on such home stead by each such individual.

(d) When property is owned by two or more persons as tenants in common and one or more persons are not a member of the claimant household, the amount of property taxes paid on such property shall be apportioned between such persons upon the basis of the ownership per centage of each such person.

Section 10. Satisfaction of Outstanding Tax Liabilities. The amount of any claim otherwise payable under this Act may be applied by the Commissioner against any liability outstanding on the books of the De partment against the claimant or his household in the year to which the claim relates.
Section 11. Administration, (a) The Department shall make avail able suitable forms with instructions for claimant, including a form which may be included with or as part of the individual income tax blank.
(b) The Commissioner shall have the authority to adopt rules and regulations necessary to the implementation and administration of this Act.
Section 12. Audit of Claim. If on the audit of any claim filed under this Act the Commissioner determines the amount to have been incorrectly determined, he shall redetermine the claim and notify the claimant of the redetermination and the reasons for making it. The redetermination shall be final unless appealed to the superior court of the county in which the claimant is domiciled within 30 days of notice.

Section 13. Denial of Claim. If it is determined that a claim is ex cessive and was filed with fraudulent intent, the claim shall be dis allowed in full, and, if the claim has been paid or a credit has been allowed against income taxes otherwise payable, the credit shall be cancelled and the amount paid may be recovered by assessments in the same manner that income taxes are assessed and such assessment shall bear interest from the date of payment or credit of the claim, until re funded or paid, at the rate of 1% per month. The claimant in such case, and any person who knowingly and with fraudulent intent assisted in the preparation or filing such excessive claim or supplied information upon which such excessive claim was prepared with fraudulent intent, is guilty of a misdemeanor, and upon conviction thereof, shall be pun ished as for a misdemeanor. If it is determined that a claim is excessive and was negligently prepared, 10% of the corrected claim shall be dis allowed, and if the claim has been paid or credited against income taxes otherwise payable, the credit shall be reduced or cancelled, and the

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proper portion of any amount paid shall be similarly recovered by assessment in the same manner that income taxes are assessed and the assessment shall bear interest at the rate of 1% per month from the date of payment until refunded or paid.

Section 14. Rental Determination. If a homestead is rented by a claimant from a landlord under circumstances deemed by the Commis sioner to be not at arms length, he may determine rent constituting property taxes accrued as at arms length and, for purposes of this Act, such determination shall be final.

Section 15. Appeal. Any person aggrieved by denial in whole or in part of relief claimed under this Act, except when the denial is based upon late filing of claim for relief or is based upon a redetermination of rent constituting property taxes accrued as at arms length, may appeal the denial to the superior court of the county in which the claim ant is domiciled by filing a petition within 30 days after such denial.

Section 16. Disallowance of Certain Claims. A claim shall be dis allowed if the Commissioner finds that the claimant or a member of his household received title to his homestead or to other property primarily for the purpose of receiving benefits under this Act. It shall be the affirmative responsibility of a claimant to prove to the Commissioner's satisfaction that any such receipt of title was not for purposes prohibited by this Section.

Section 17. Extension of Time for Filing Claims. In case of sick ness, absence, or other disability, or if the Commissioner determines in his judgment that good cause exists, the Commissioner may extend for a period not to exceed 6 months the time for filing a claim under this Act.

Section 18. 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 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 19. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

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The General Assembly Atlanta
State Capitol
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OF THE MARTA OVERVIEW COMMITTEE
( M AR T O C )

THE COMMITTEE

Honorable Elliott H. Levitas Representative, 50th District Chairman Honorable Howard T. Overby Senator, 49th District Vice-Chairman Honorable Robert H. Bell Senator, 5th District Honorable Ed Garrard Senator, 37th District Honorable R. Eugene Holley Senator, 22nd District Honorable Pierre Howard, Jr. Senator, 42nd District Honorable Leroy Johnson Senator, 38th District

Honorable James Tysinger Senator, 41st District Honorable Howard Atherton Representative, 19th District Honorable Tom C. Carr Representative, 90th District Honorable Jack H. Cole Representative, 6th District Honorable John W. Greer Representative, 43rd District Honorable J. E. (Billy) McKinney Representative, 35th District Honorable Clarence R. Vaughn, Jr. Representative, 57th District

December, 1974

MARTOC--WHAT IS IT?

The General Assembly created the Metropolitan Atlanta Rapid Transit Authority (MARTA), and authorized the use of sales tax, subject to referendum approval, to subsidize transit operations and to provide local funds to build a rail transit system and to match federal funds for that purpose. MARTA presently receives over $50 million annually through the sales tax collected from the two participating counties of Fulton and DeKalb. According to present estimates, MARTA will cost at least $2.1 billion in construction investment alone, and by the time the bonds are retired, the total amount 1 will exceed $4 billion. Thus MARTA will incur more debt than is presently owed by the State of Georgia. In order to accomplish its mission of building a transit system, MARTA will have a tremendous impact on the life-style of the community. It will be necessary to disrupt businesses, rearrange traffic patterns, tear up streets and take homes either through regular acquisition procedures or condemnation.

The General Assembly created this powerful, capital consuming authority, and funded it with the taxpayers' money, both federally and locally. According
1 Estimates include development, construction, operations, and amortization of the system.

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to MARTOC's information, San Francisco's Bay Area Rapid Transit Authority (BART) has been controversial, has had tremendous cost overruns, and had the same primay contractor as MARTA (PBTB. 2 ) BART has experienced and is still experiencing financial difficulties due to early technical delays, failures, and difficulties. Because of these facts, there was felt to be a responsibility to overview and "watchdog" MARTA from a State Legislative viewpoint.

In mid November, 1974, the Bay Area Rapid Transit District filed a $1.7 billion law suit against Parsons, Brinckerhoff-Tudor-Bechtel, et al, on allegations of breach of contract and lack of meeting contract obligations in design and construction of the BART system. MARTOC may be able to discourage this type of things from happening in Atlanta.
It is absolutely essential, in the opinion of MARTOC, with the magnitude of powers granted MARTA by State law, and the vast local level funding revenue, that this Authority be carefully monitored from its inception by a State Legisla tive group such as MARTOC. The State is affected by the tax of 1% to fund MARTA. The State is affected by the use of federal tax dollars for this project. The monitoring by MARTOC is done from the State vantage point because of the General Assembly's continuing responsibility to overview MARTA. It is in tended to be supplemental to and supportive of local government efforts to monitor MARTA. MARTOC in no way should be interpreted as relieving local governments of their own responsibilities relative to MARTA.

In 1973, the General Assembly created the Joint Senate-House Metropolitan Atlanta Rapid Transit Overview Committee (MARTOC). MARTOC is mandated by law to monitor all activities of MARTA, to assure public responsiveness, to review fiscal expenditures, to call to the public's attention areas of concern, to perform research and educational functions for the General Assembly, to monitor design, engineering and safety, to monitor relocation and property acquisition policies, hiring, termination, promotion policies, and review bus operations. (See Ga. Laws 1973, p. 70; Ga. Laws 1974, p. 524.) To do this, MARTOC structured its organization into Task Forces which interface with MARTA's own organiza tional structure and established an "Official Comment and Response Procedure" (OCAR) in order to officially transmit to the MARTA Board the Committee's opinion on any given issue. (See attachments "A" and "B".)

MARTOC is the only independent information gathering and disseminating body that is involved in the MARTA project. MARTOC's value comes from being able to see a problem, or have a citizen see a problem, and then pursue to con clusions the answer or solution. This ability is inherent in no other agency presently involved with MARTA. In order to carry out its mandate, MARTOC is vested with the ability to compel the attendance of witnesses and production of documents. MARTOC is authorized to bring appropriate legal action to en force compliance with the law and its subpoenas. MARTOC is authorized to have the Attorney General represent the Committee. Further, MARTOC has the as sistance of the Georgia Department of Transportation, the State Auditor, and the authorization to contract private consultants.
2PBTB is Parsons, Brinckerhoff-Tudor-Bechtel, a joint venture created to be the prime contractor and general engineering consultant for BART. MARTA has retained PBTB as its primary contractor and consultant.

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THE TRANSIT NEED

The MARTA referendum, patronage of the system, increasing traffic con gestion, air pollution and fuel conservation, prove that Metropolitan Atlanta wants and needs mass transit. The form of mass transit needed in Atlanta is, has been, and will probably continue to be controversial and debatable.

The public need for mass transit and the failures of many privately operated transit properties across the country have proven that to attain transit goals, systems may have to be subsidized to make them workable and usable. In light of the need for energy conservation and control of traffic congestion, it is vital that people be moved as efficiently as possible.

MARTA--PROGRESS ON SHORT AND LONG-RANGE PROGRAMS
MARTA's referendum plan promised both Short-Range and Long-Range Programs. Basically the commitments were:
(1) The construction of a rapid rail system for the two County area of Fulton and DeKalb;
(2) Improved and expanded bus service;
(3) A subsidized fare.

SHORT-RANGE TRANSIT IMPROVEMENT PROGRAM
The Short-Range Program is an immediate action plan to improve surface bus operations throughout the MARTA district. The plan began in 1972 with the purchase of the Atlanta Transit System, Inc., and as conceived by MARTA's consultant and approved by the voters, it programmed a total of 78 bus service improvements, requiring the addition of some 8.5 million annual vehicle miles to the already existing Atlanta Transit System mileage of 19 million annual vehicle miles. A fare reduction, fleet improvements, shelter installation, maintenance facilities construction, park-ride service initiation, and other Short-Range projects have proceeded substantially on schedule. In addition, important work is going forward on fare collection and bus communication improvements.
MARTOC has received indications of public satisfaction with MARTA's bus operations. Public response, while difficult to measure precisely, generally ap pears to be quite favorable regarding these significant transit improvements.
Since MARTA initiated the Short-Range Program, however, the original vehicle mileage proposals have undergone significant modification. Due to the sharp increase in ridership generated by the low 15^ fare, an immediate and unprogrammed three million annual vehicle miles were added. This step was taken to provide more frequent service and relieve overcrowded buses on routes already in existence. Consequently, the consultant's original estimate of recommended peak mileage has been raised from 27.5 to 29.5 million annual vehicle miles, in order to incorporate both the original recommended improvements and these unanticipated service demands.

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MARTA's program on the Short-Range Program is about 66% complete. Major projects are proceedings on schedule, but some service improvements, based on the consultant's referendum recommendations, continue to lag due to early mileage additions not foreseen by MARTA or its consultants. MARTA has com pleted 57 of the 78 originally recommended improvements, and has implemented improvements not originally contemplated.
MARTOC questions whether or not MARTA can complete all of the referen dum commitments under present economic conditions and financial limitations, (as explained later in this Report). The new federal mass transportation law, for the first time, now provides for subsidy of system operations. However, its use would come at the expense of badly needed capital funds.
Since the purchase of the Atlanta Transit System, Inc., ridership has risen approximately 30 percent; the figure now stands at over 700 million annual passengers, up from 54,060,000 in the last year of Atlanta Transit System (March 1, 1971-February 29, 1972).
In addition to its regular route operations, MARTA furnishes several special transportation services. It operates six lines in counties outside the MARTA district which cover approximately 308,000 annual vehicle miles (1.2% of total), and accrues a minimum net loss of approximately $10,000 annually to the system. MARTOC has been critical of this operation because MARTA operates special school buses in the morning and afternoons, which carry approximately 20,000 City of Atlanta school children per day. MARTA, because of financial reasons, would not be able to offer this same service to Fulton and DeKalb schools if it were desired. Until recently, MARTA offered reduced fares (lOtf) to approxi mately 15,000 additional school children daily who ride regular MARTA routes. It operates approximately 340,000 annual vehicle miles of charter and sightseeing services, which provide a profit of approximately $500,000 per year. This money can be applied to add additional vehicle miles to MARTA's regular services. $500,000 represents about 450,000 vehicle miles of service.
The financial position of MARTA's Department of Transit Operations (DTO), which operates the buses and executes the Short-Range Program, is perhaps more difficult to assess than is the status of the Program's implementa tion. In FY 1974 (July 1, 1973, through June 30, 1974), a total DTO expenses were $26.2 million; $9.2 million (36%) was covered by fare box revenue and $17.0 million (64%) came from MARTA's 1% sales tax. Significantly, this $17.0 million operations subsidy depleted 33.6% of that year's total sales tax income, the remainder of which was reserved to match federal grants for future rail construction. MARTOC began to be concerned because original projections con templated the use of no more than 25% of the sales tax for subsidy.
At the beginning of FY 1975, the Department of Transit Operations projected its total expenses for FY 1975 to approximate $33.0 million, of which $9.7 million (29%) would be covered by farebox revenue. The balance, $23.3 million (or 71%), would again come from MARTA sales tax income as an operations subsidy. In FY 1975, this $23.3 million subsidy was projected to use 42% of MARTA's sales tax monies, leaving only an 8% cushion between anticipated needs and the legal 50% limit or "lid"." As of the writing of this Report, trends indicate that more subsidy is being required than was anticipated in the FY 1975 budget (July 1, 1974, through June 30, 1975).
3MARTA, by act of the General Assembly, must now reserve at least 50% of its sales tax income for construction, a restriction which will become significant for the DTO during the current fiscal year.

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Inflation impacts strongly on the DTO's operating expenses; many items necessary to continued safe and effective bus operations have increased over 100% in cost in a single year. (Glass, 142%; anti-freeze 115%; fuel, 152%.) Among other things, a new labor contract must be negotiated with bus operators in June, 1975. The current economic climate, with its depressive effect on whole sale and retail spending, will impair the growth of sales tax revenue. Under MARTA's new accounting system, DTO will assume additional costs under the "shared support" concept within MARTA for the first time in FY 1975. Also, DTO is committed to adding new annual vehicle mileage to the system as part of its ongoing Short-Range Program.
Financial data collected by MARTA now indicate that current average sub sidy use approaches 44-45 % of sales tax, underscoring the need for concern with regard to the 50% lid and its protection of future matching funds. Federal mass transit legislation passed by Congress could partially meet MARTA's operation subsidy needs, but as of this writing, the final analysis of its effect on MARTA's future construction plans is not clearly known.

LONG-RANGE TRANSIT SYSTEM DEVELOPMENT PLAN
The second aspect of the MARTA project is the development of a rapid rail and express busway network to interface with the surface bus system and other transportation modes. This phase is guided by the Long-Range Transit Develop ment Program, a multi-billion dollar engineering, design, construction, and testing plan. As of October, 1974, this Program is projected to require the expenditure of some $2,099,896,000 for the 53 miles of rapid rail scheduled for completion in 1980.
The rail system will be constructed in six phases as outlined below:

LONG-RANGE CONSTRUCTION

Phase System Segment
1 East Line: Ga. State Univ. Station to Avondale Yard
2 West Line: Five Points Station to Hightower Road Station
3 South Line: Garnet Street Station to Lakewood Freeway Station
4 North Line: Cain Street Station to Lenox Road Station
5 Extensions: East West and South
6 Extensions: North

Revenue Service Dale Referendum
Projection 1971
April 1977
April 1977
July 1977
July 1977
April 1978 April 1979

1973 Projection
June 1978
Feb. 1979
Aug. 1979
Jan. 1980
Mar. 1980 Mar. 1980

Current Projection 4
Dec. 1978
Dec. 1979
Mar. 1980
Nov. 1980
June 1980 Nov. 1980

(NOTE: Referendum Projections drawn from PBTB's Comprehensive Transit Plan, Engineering Report A-71.1, September, 1971, pp. 43-46.)

Represents PBTB's October, 1974, up-date to the MARTA Board. This up-date, which shows delays and cost over-runs, has not yet been officially accepted by the MARTA Board.

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The first construction contract was advertised in November, 1974. About a dozen construction contracts are scheduled to be advertised in FY 1975.
As proposed, the system will consist of approximately 53 miles of dual-track rail line, some 39 rail stations, approximately 8 miles of dual-lane rapid busways, and two busway stations, MARTA's consultant has estimated that by 1995, be tween 150 and 200 million passengers annually will use the combined rail, busway, and surface bus system, with over 80% of transit trips involving rail.

The current target dates appearing above represent considerable modification of the original schedules drawn by MARTA and its consultants. MARTOC is presently investigating the possibility that problems with property acquisition, design delays, material shortages, and labor problems could necessitate further significant schedule revision. The current schedules are the result of revisions concluded in October, 1974, after consistent four-month delays in ongoing design and engineering work relating to construction Phases 1 and 2.

To date, substantial progress has been achieved in early stages of prepara tion for actual construction. Design of stations and lines is proceeding; work on the specifications and design criteria for transit cars and trackwork is continuing; standard structural design and development of operating requirements and criteria for various system elements are progressing; and contract specifications in some areas (such as rail and switching equipment) are nearing completion. Parsons, Brinckeroff-Tudor-Bechtel (PBTB), MARTA's General Engineering Consultant
and Prime Contractor, has awarded numerous subcontracts in such important areas as design, analysis, supply, and services.

In spite of this progress, however, persistent delays, such as the four-month delay in Phases 1 and 2 of construction, continue to plague the Long-Range Pro gram. Delays are extremely costly. Design problems and complications in the process of property acquisition appear to be responsible for a large part of current and anticipated delays. As of November 1, 1974, the following situation regarding real estate acquisition prevailed in construction Phases 1 and 2:

Construction Phases
Phase 1 Phase 2

PHASE 1 AND 2 PROPERTY ACQUISITION

Estimated Total Parrccels
Required
469 441

Estimated Total Cost in $ Thous.
26,000 26,000

Parrccels Authorized by Booaard
300 204

Parrccels Appraised
191 197

Options Obtained
85 175

Parcels Closed
67 165

Existing design difficulties are slowly being overcome; many of the ArchitectEngineering teams which will design various segments of the system have been selected, as projects move from preliminary to detailed design stages. Some 50 such A-E teams will ultimately participate in the MARTA system design.

On August 28, 1974, the proposed MARTA rail transit vehicle was unveiled. It is an electrically powered, 76,000 pound, air-conditioned steel wheel car, capable of reaching speeds of 70 miles per hour. The vehicles will seat 70 passengers per car, and will link together to form trains from 2 to 8 cars long.

As progress on the Long-Range Program continued, the MARTA budget

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increased accordingly. The FY 1975 budget, which followed a FY 1974 budget of $111,889,176.00, totals $184,349,518.00. Of this total some $151,500,000.00 is ear marked for expenditures, and there is a temporary investment for future use of approximately $32,870,000.00.

The largest single item in the FY 1975 budget is a $102.2 million allocation for the Long-Range Program. This $102.2 million allocation is part of a $353.7 million "obligational authority requirement", which constitutes monies that must
be guaranteed by a combination of federal and local funds in order to advertise contracts and finalize reimbursement agreements. The FY 1975 budget anticipates $78.5 million in federal funds and $55.5 million in local sales tax income. For additional budget detail, see Attachment "D".

MARTOC--WHAT HAS IT DONE?

MARTOC has been an active Committee. The very creation of a State-level Watchdog Committee had had its impact. A substantial portion of the daily work ings of the Committee has been carried out by a small but highly qualified and dedicated staff. Because most of its work is analytical and administrative, MARTOC needs to be increasingly staff oriented.

MARTOC has become involved and active in many areas dealing with MART A, some of which are discussed below:

(1) MARTOC has consistently addressed the issues of cost increases and schedule delays with MARTA. MARTOC has requested that the public be kept aware of the increased cost of the system (having gone from $1.3 to $1.8 billion and now to over $2 billion), and to keep the public apprised of the delays in maintaining their schedule for construction of the system. Delays result in cost escalation of the system. In June, 1973, MARTOC pointed out to MARTA that the cost estimates being presented to the public were inaccurate because they were two years old. It was only after MARTOC requested an update of MARTA's cost projections and schedules that new estimates were prepared. When MARTA presented the new estimates, in October, 1973, the system had increased some 33% over the 1971 MARTA referendum plan. Later in October, 1974, MARTA issued another schedule and cost update which projected the system will cost in excess of $2.1 billion. This means the cost of MARTA has increased $800,000,000.00 in only three
years

(2) MARTOC constantly reviews data submitted by MARTA on the use of sales tax revenue for subsidy. Dependence on the 1% tax for subsidy has climbed as high as 48% on a monthly average. During the 1974 General Assembly, the Legislature, upon the recommendation of MARTOC, imposed a ceiling on the amount of sales tax which could be used to subsidize the
operations of MARTA. The concern over the use of sales tax is well justified
because, if operational subsidy cuts too deeply into the sales tax revenue, there will not be enough required local funding available to build the rail
system. While some persons considered the lid as anti-MARTA legislation,
MARTA officials now agree the 50% lid is constructive and necessary if
MARTA is ever to build the rail system mandated by the people under the
original referendum concept.

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4337

(3) MARTOC is concerned about MARTA's ability to finance its refer endum commitments. In order to stay within the 50% sales tax lid, MART A faces some difficult decisions between (1) adding promised service, (2) main taining the 15*1 fare, and (3) using federal funds for operating subsidy. The added and improved service and the rail system were both part of the refer endum. The 15<- fare promise is no more sacrosanct than the two operational commitments actually voted on by the people. MARTOC members have pointed out that inflation has increased the price of everything. This will have to be considered when the MARTA Board's desire to maintain the 15(< fare comes into conflict with the referendum commitment to provide additional service.

(4) MARTOC has called MARTA's attention to the public relations problems of MARTA. Expenditures which MARTA justifies as being neces sary and proper are often interpreted by a very money-conscious public as an extravagance and waste of their tax dollars.

(5) MARTO.C staff gathers data and information from other transit properties for comparative purposes, as well as information for members of the General Assembly. Through MARTOC members and staff contact, it appears that MARTOC has set a precedent for monitoring public mass transit projects. Other states have expressed interest in creating committees similar to MARTOC.

(6) Because of a similar rapid transit system in San Francisco, and the deep concern of its legislature, MARTOC invited the Chairman of California's Senate Public Utilities and Corporations Committee (PUC) to appear before our Committee. PUC is somewhat similar to MARTOC in its legislative overview of BART. BART was already 83'/< complete when PUC began its investigation into that system's problems, which have been described as tech nical, financial and managerial. The Chairman of PUC stated that he regrets not having monitered BART's activities sooner, and recommended three things Georgia might consider relative to MARTA: (1) an elected MARTA Board; (2) a management audit of MARTA; and (3) careful avoidance by MARTA relative to one-bidder contracts. MARTOC has not adopted these suggestions
but is studying them.

(7) MARTOC has monitored and had some behind-the-scenes, low-profile involvement with such important issues as the moving, changing and com bining of transit stations, and the need for MARTA Board community hear ings. MARTOC has been an outlet through which the citizens could request input about numerous issues. The Committee has held informal open forum meetings at which the public and MARTA have each presented their side of
an issue.

(8) MARTOC has been concerned with the MARTA equal opportunity compliance programs, and has attempted to keep abreast of problems relative to compliance. There are presently 29 suits for discrimination filed against MARTA. Of these, 25 were filed and are presently pending with the Equal Employment Opportunity Commission (EEOC) and 4 were filed and have been settled with the Urban Mass Transportation Administration (UMTA). Of the 4 settled, MARTA was exonerated on 3 cases and has complied with the corrective suggestions made by UMTA in the fourth case.

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There has been a Women's Commission formed within MARTA relative to sex discrimination in all areas of employment at MARTA. MARTOC staff has attended some of the meetings between the Commission and management. MARTA's management has given no indication they are unwilling to co operate in resolving the areas of concern expressed by the Women's Com mission.

(9) MARTOC was not created to act solely as an adversary to MARTA and has proven that as a liaison with the State, MARTOC can be of assistance to MARTA in numerous areas.

As an example, MARTOC watches for legislation that, whether intentional or not, would have an adverse effect on MARTA's sales tax revenues, which in turn, would affect MARTA's financial base, projections, and budgetary planning. MARTOC also has been instrumental in introducing legislation designed to clarify areas of concern relative to MARTA. Some of these are:

House Bill 1013 amended the MARTA Act of 1965, to allow the Revenue Department, in its mandate to collect the MARTA tax, to retain 1% of the amount of such tax for administrative and other costs in the Department which relate to MARTA. The bill was passed and signed into law.

House Bill 1512 amended the MARTA Act of 1965 to exempt certain kinds of transactions from the sales and use tax levied for the support of the rapid transit system. The bill also provided the proper procedures neces sary to implement this Act and repeals conflicting laws. The bill was passed and signed into law.
House Bill 1610 limited the amount of MARTA sales tax revenue which could be used for operating purposes. The bill limited the amount of sales tax to fifty percent (50%) of its annual proceeds, exclusive of depreciation and amortization, until January 1, 1983, after which time no more than sixty percent (60%) of the annual proceeds of the (remaining %%) sales tax could be used to subsidize the operating costs of the system. The definition of Operating Costs was specifically and clearly defined in the bill. The bill was passed and signed into law.
House Bill 1684 as proposed would have specifically provided for arbi tration of certain labor contracts, the time at which a contract would be submitted to arbitration, the selection of an arbitration board, the payment of costs for legal representation, and a final and major proposal in the bill would prohibit strikes and lockouts. This bill did not pass. Unless the Legisla ture takes action prior to the new labor contract in June of 1975, there may be a problem for MARTA and the public.
Senate Resolution 322 provided that the Governor appoint two additional members to MARTOC, both from the participating areas, one from the House and one from the Senate; revised a procedure to allow the Committee to get the approval of the Speaker and Lt. Governor to compel the attendance of witnesses and the production of documents in aid of its duties when the Gen eral Assembly is not in Session; authorizes the Committee to bring appro priate legal action to enforce compliance with the law and with subpoenas; directs the Attorney General to represent the Committee; repeals the original

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4339

MARTOC Resolution as of June, 1976; and requires that the Department of Transportation assist the Committee.

Senate Bill 609 changed the structure of the MARTA Board from 10 members (4 Atlanta, 2 DeKalb, 2 Pulton, 1 Clayton and 1 Gwinnett County) to a 12-member Board structured as follows: 4 City of Atlanta in Fulton County, 3 DeKalb County outside Atlanta, 1 DeKalb County inside Atlanta, 2 Fulton County outside Atlanta, 1 Clayton and 1 Gwinnett County. The bill provided for terms of office for the two new appointments and also made the Board members from Clayton and Gwinnett Counties nonvoting members on the Board but retained their vote on Committees and Subcommittees of the Board. This bill did not pass. The 1975 General Assembly should consider the inequities of representation presently existing on the MARTA Board.

MARTOC has lent support to MARTA in major areas. The effect of this support cannot be .measured.

(10) During the early days of the energy crisis, MARTA was notified that its fuel allocations would be cut or not increased for the year's increased demands. MARTOC wrote letters of support to the Director of the Energy Office emphasizing the importance of moving people by mass transit as an effective method of energy conservation--that would, of course, not be possible without adequate fuel allotments.

(11) The second area of support, and by far the most important, came when the federal government began to back away from its previous funding commitments to lend major monetary assistance in the funding of the con struction of mass transit systems across the nation.

Early in 1974, Transportation Secretary Claude S. Btinegar began im plying that UMTA was faced with a lack of funds for the development of systems such as MARTA's, that the BO'/c federal--20% local capital assis tance money had not intended to apply to programs like Atlanta, and that funding would not be available to MARTA in the amounts requested nor at the times requested.

MARTA alleged that it had proceeded with its system development plan ning and financing planning on the basis of firm federal commitments.

Due to citizen inquiry, community concern, and concern of MARTOC members as to whether or not MARTA acted responsibly in its pre-referendum promises based on federal participation, a full Committee meeting of MARTOC was called by the Chairman to investigate' the facts surrounding MARTA's assumption of the federal commitment. Information, data and testimony before the MARTA Overview Committee evidenced that MARTA had presented its financial package under solemn and repeated assurances from high officials in the federal government that MARTA could expect the grants; that the government's attitude in the past few years had been one of encouraging the development of mass transportation systems across the country and grants were offered to encourage support on the local level-- such as the support voiced by the people imposing the 1% sales tax.

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It was the consensus of MARTOC that while the federal government under present law cannot issue a long term contractual commitment for a definite amount of funding for a specified period of years, MARTA was justified in relying on numerous statements made by former Secretary of Transportation John Volpe as well as present key officials of the U.S. De partment of Transportation and UMTA, which praised Atlanta's system and assured that federal monies would be forthcoming on a timely basis. MARTA also relied upon the partnership arrangements stated in the Urban Mass Transit Assistance Act of 1970, which set mass transit as a high priority with federal financing assistance playing an important role in the develop ment of such systems. The enthusiasm which was generated by the federal administration, with its promises of 80% federal funding, rather than the % federal funding, previously promised, has resulted in the good faith planning and spending of millions of dollars of local and state monies on systems.

(12) An OCAR (MARTOC's Official Comment and Response Proce dure) was taken which reflected the Committee's desire to assist in insuring that the MARTA system is built and that the federal government keep its commitment to MARTA, and that MARTOC should properly assist MARTA in securing the federal funds which had been anticipated. A copy of the OCAR and a companion Memorandum were forwarded to the Georgia Con gressional Delegation, Governor Jimmy Carter and other officials.
(13) On April 5, 1974, the United States House of Representatives Committee on Public Works held a meeting of its Subcommittee on Trans portation Fund (UTAP) in Atlanta. Congressman James Howard (N.J.), Congressman Bo Ginn (Ga.), and Congressman Joe Breaux (La.) heard testimony on transit needs in Metropolitan Atlanta and other regions of Georgia. Speaking on behalf of federal funding for MARTA from MARTOC was Representative Burton Wamble, Leader of the Task Force on Financing. Chairman Elliott Levitas presented a written statement to be entered on the record. Rep. John Greer spoke to the Subcbmmittee as a member of the General Assembly. Remarks made by those testifying before the Subcom mittee were in basic agreement--all restating the belief that the federal government had made a commitment to our local governments and the people of our area through MARTA, that the people had responded to the govern ment's encouragement of mass transit development in partnership with the federal government, and that the federal government did appear to be re versing its support after ten years of encouragement.

(14) The State Revenue Department receives all sales tax revenues for the State. Charging an administrative processing fee to MARTA, the Revenue Department transfers the monthly tax revenues from the MARTA 1% sales tax to MARTA on an estimated basis. MARTA projected a 10% increase in its revenue growth for FY 75. In the first 5 months of FY 75, MARTA's sales tax growth has increased only 3.1% while the combined growth of Fulton and DeKalb (MARTA's two participating counties) has grown
almost 8%.

MARTOC has inquired of MARTA what assistance the Committee might be in getting an explanation of why MARTA's revenues are so low while the two-county area shows an 8% increase. Presently, MARTOC has corresponded with the Revenue Department requesting to be present at a

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4341

meeting between the Revenue Department and MARTA to examine the reasons for this discrepancy.

Since the amount of sales tax is extremely important in MARTA's fiscal plan, it is felt by MARTOC to be an area of major importance in which clarification is needed.
If the collection and distribution of the sales tax to MARTA is correct, the impact of such little growth in the tax could be far-reaching. To a large extent, MARTA bases its ability to maintain the 15<? fare and complete the Short-Range Improvement Program on its ability to subsidize the bus operations with the \% sales tax collected. If these projections are so far from being accurate, then MARTA will again have to revise its financial plan.
If the sales tax computation by the Revenue Department is accurate, less than the anticipated amount of local funds will be available to apply toward construction of the system. This could result in delays of construction until local monies are available to match the federal portion. With the in flation factor presently in existence, such delays will create considerable upward revisions in the cost estimates.

MARTOC--AREAS OF CONCERN AND RECOMMENDATIONS MARTA BOARD
MARTOC is concerned about the Board structure of MARTA. The Board presently has 20% representation from DeKalb County. During the 1974 Legisla tive Session, data gathered indicated that DeKalb County contributes about 40% of the sales tax revenues collected through the MARTA 1%. There will probably be some action taken during the 1975 Session by some of the members of MARTOC to introduce legislation to restructure the MARTA Board so that the representa tion is more equitable. MARTOC is aware of the growing concern in DeKalb County relative to its apparent lack of representation on the MARTA Board. MARTOC has made no specific recommendations on this point other than to voice its concern about the need for fair MARTA Board representation--which does not presently exist.

COST AND SCHEDULE
The recent (October, 1974) PBTB Report on the project cost and schedule update of the MARTA Project shows that MARTA is approximately one year behind on the previously projected completion date for the rail system. It also shows an increase in cost of some $300,000,000.00 for the construction of the rail system. This $300,000,000.00 figure is in addition to the $500,000,000.00 increase estimated in the October, 1973, cost update. MARTOC and the MARTA Board have both expressed concern to PBTB that all possible alternatives to construction delays and cost escalation should be explored. MARTOC finds the continual increased cost estimates and extended construction dates to be very disturbing. MARTOC is confident that the Board of MARTA is looking closely at the causes of these delays and slippages. The problems should be identified and solved so that the same delays do not recur again and again. This proposed update by PBTB is the second major cost revision in MARTA's short history. If these setbacks continue to

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occur while MARTA is still in the drawing board stage, MARTOC is concerned about what will happen when the project moves to construction.

AUTOMATIC TRAIN CONTROL
MARTOC staff has attended sessions relative to MARTA's train control system. The MARTA Board will decide whether to follow MARTA staff recom mendations to implement a semi-automatic train control and go to full automation later, or PBTB's recommendation to implement the totally automatic train con trol system initially. MARTOC is interested in the decision-making process present in this issue and will monitor it closely because at BART, it appears that the BARTA staff was not sufficiently involved in decision making, was overridden by PBTB's expertise, and the Board made decisions primarily based on PBTB's recommendations. MARTA has repeatedly assured MARTOC that the MARTA in-house staff, contract agreement (PBTB), and organization structure would prevent the same thing from happening at MARTA.

EXPENDITURES
MARTA has made some decisions that were felt by some members of MARTOC to be "image" expenditures rather than prudent expenditures of the taxpayers' money.
The cost of the bus stop shelters including installation and site planning work was very expensive. Many shelters have had to be moved and MARTA has had to pay for additional site work. It appears the maintenance of these shelters will be quite costly ($40.00 per Lexicon panel) and will require budgeted operating money to keep them intact. The estimated cost of these shelters is about $4,000 per shelter (including installation).
MARTA decided to install a vacuum fare box collection system and has justified the expenditure ($1.4 million) by an analysis that shows the long-term savings of such a vacuum system both in manpower for collection and counting of coins. While the justification may prove to be sound, the fact that only one com pany provides such a system precludes the bid process from taking place. An installation of a nonvacuum system was estimated at approximately $400,000 and would have had several competitive bids. It was recommended by the California PUC that MARTOC be aware of the inherent danger of specifications which result in one-supplier contracts.
MARTA's removal of the exterior advertising is an issue that MARTOC as a Committee opposed because of the loss of assured revenue that advertising afforded. In a time of such rampant inflation, MARTA may have to sacrifice some of its image to meet the demands for service to the people it serves.

CITIZENS ADVISORY PANEL
MARTOC has the statutory authority to have citizens advisory committees. The MARTOC staff has drafted a proposal for citizens' input for the Committee. Action will be taken on this issue within the 1975 legislative term.

INTERIM COMMITTEE REPORTS

4343

MANAGEMENT AUDIT

There has been a staff recommendation to MARTOC relative to conducting a management audit of MARTA. The term management audit encompasses several "systematic procedures for analyzing and appraising the overall perform ance of the management of a business or other organizations." 5 These procedures
range from simple data gathering by a few trained individuals over a period of days to an expensive, year-long, computer-assisted investigation of an entire organization, from conceptual framework to individual timeclocks, performed by a sophisticated array of experts. For MARTOC's purposes, the study would be aimed at about a dozen specific areas of concern.

RELOCATION HOUSING
In 1973, MARTOC expressed concern about the possible shortage of suitable relocation houses available for MARTA relocatees. MARTA, in December of 1974, recognizes that the supply of houses available in certain price ranges may not meet the need, and the MARTA staff is now planning possible alternatives to meet the housing demands.

MARTA COMMITTEES
The MARTA Board's recent division into four committees will be very valu able to the Board in learning about MARTA in more detail as well as serving as a. similar structure to the five MARTOC Task Forces. If the members of both MARTA Board and MARTOC communicate specifically related to their indi vidual Task Force and Committee, the result could be that issues would be aired between MARTA and MARTOC prior to MARTA Board approval. In this way, all options could be explored before a decision is made. This could possibly pre clude confrontations on an already decided issue.
MARTA INFORMATION
Partially due to the requests and questionings of MARTOC, MARTA has revised some of its literature to better reflect MARTA's policies on relation benefits and property acquisition in a manner more undertandable by the public.
PUBLIC INFORMATION AND SATISFACTION
MARTOC staff has daily contact with MARTA staff in answering day-to day inquiries by the public; MARTOC regularly receives calls from concerned citizens who are being affected by MARTA.
PBTB
MARTOC has been concerned about the relationship of MARTA to its pri mary contractor, Parons, Brinkerhoff-Tudor-Bechtel (PBTB). MARTOC has expressed this concern to MARTA, has had one full Committee meeting devoted to
5 Jenkins, S. R., "The Management Audit: A Challenge for the Practitioner," Accountants' Journal, August, 1973, page 18.

4344

JOURNAL OF THE HOUSE,

an explanation of the PBTB/MARTA contract, and will be closely monitoring the relationship throughout the project's development.

MARTOC is currently analyzing the billion-dollar-plus lawsuit that BART has filed against PBTB. Analysis will come from the Legislative Counsel, the Department of Transportation, and MARTOC staff.

SUBSIDY
Another important area of concern to MARTOC is that MARTA in October, 1974, used approximately 487< of the sales tax to subsidize operations. The same month last year the percentage was 27%. The problem which arises when MARTA uses tax money to subsidize operations is multi-faceted.
If MARTA's operating costs become significantly increased, it is conceivable that MARTA might ultimately have to raise the fare in order not to cut too heavily into construction monies to subsidize their additional operation.
In September, after watching the trend for sales tax use rise steadily, staff prepared a report that said MARTA will not be able to provide the level of service promised and maintain the 15f fare. The report was viewed by MARTA to be pessimistic and a premature forecast. It is felt even more strongly now that MARTA must face this decision very soon.

DESTINATION SIGNS ON REAR OP BUSES
MARTOC has inquired about route number or destination signs being placed in the rear window or side of the buses. While this may be seen to be a small issue, it is something that directly affects the users of the system whereas other MARTA expenditures, where perhaps justified in the overall MARTA program, do not aid the user-consumer.

LOCAL FUNDING
MARTA has made no request to MARTOC for additional funding from the General Assembly. MARTOC understands that the MARTA Board is considering a request to extend the sales tax beyond the 1982 date when it would drop to % % as law now provides.

EAST LINE CONSTRUCTION
The status of MARTA's property acquisition on the East Line is of concern because it is vital that MARTA's property acquisition program be on schedule or it could affect the construction and revenue service date for that line. MARTOC is looking at MARTA's progress in acquiring necessary parcels of land within their time frame. Awarding contracts before property has reached condemnation proceedings or before obtaining options could present numerous problems and delays. A status report of East Line acquisition is currently being prepared by MARTOC staff.

INTERIM COMMITTEE REPORTS

4345

SCHOOL BUS PROGRAM
The special rate of lOi? for school children to ride the bus has now been repealed by the MARTA Board. This issue has been addressed repeatedly. The MARTA Board's decision to make the 15<? fare applicable to all passengers is equitable. The issue of whether a MARTA route should be designed specifically for a school bus route within 1% miles of a school is still questionable. Members of MARTOC have expressed the opinion that it is unfair for MARTA to provide school bus service to the City of Atlanta School System (subsidized from MARTA's sales tax) and not be in a position to provide a package service to the DeKalb and Fulton Systems.

INTER-GOVERNMENTAL
MARTOC has met with Georgia Department of Transportation and MARTA to discuss such matters as safety standards, inter-agency cooperation and possible future transit interface system. DOT's cooperation and involvement with MARTOC has been excellent. The Mass Transit Bureau of DOT has made every effort to keep MARTOC apprised of its functions and has lent its assistance in several areas.

PLANNING
While it is understandable that as design solidifies MARTA must refine its number and size of parcels to be acquired, it is nonetheless disturbing to people who had not previously expected to be affected by MARTA. Citizens committees are disturbed over the impact some of the refinements have made.
*****
In conclusion, MARTOC's first full year has been spent addressing the con cerns relative to MARTA which the average person has neither the time nor resources to do. Nevertheless, MARTA belongs to the people, and the job needs to be done. MARTA has cooperated with MARTOC in answering those questions asked. The relationship between MARTOC and MARTA continues to develop and information is being exchanged freely and areas which effect the public are being discussed more readily. MARTOC may have been an adversary on certain issues, but MARTOC has attempted to assist MARTA in those areas which promote the overall goal of building the transit system promised to the people.

Respectfully submitted,

/s/ Elliott H. Levitas, Chairman Representative, 50th District
/s/ Howard T. Overby, Vice-Chairman Senator, 49th District
/s/ Robert H. Bell Senator, 5th District
is/ Ed Garrard Senator, 37th District
/s/ R. Eugene Holley Senator, 22nd District
/s/ Pierre Howard, Jr. Senator, 42nd District
/s/ Leroy Johnson Senator, 38th District

/s/ James Tysinger Senator, 41st District
/s/ Howard Atherton Representative, 19th District
/s/ Tom C. Carr Representative, 90th District
/s/ Jack H. Cole Representative, 6th Distrfict
/s/ John W. Greer Representative, 43rd District
/s/ J. E. (Billy) McKinney Representative, 35th District
/s/ Clarence R. Vaughn, Jr. Representative, 57th District

4346

JOURNAL OF THE HOUSE,

ATTACHMENT "A"

TASK FORCE MARTA OVERVIEW COMMITTEE (MARTOC)

The original Task Force structure was altered slightly during the 1974 In terim. MARTOC now has five Task Forces which were created to enable MARTOC to function viably and begin attaining its objectives.

TASK FORCE A--DESIGN, ENGINEERING AND SAFETY
Leader, Senator Ed Garrard Senator Howard T. Overby Senator James Tysinger

This Task Force has as its charge monitoring procedures, specifications, contract relationships and performances in design, and schedule coherence.

TASK FORCE B--FINANCING
Leader, Senator Robert H. Bell Representative Howard Atherton Representative Jack Cole Senator Eugene Holley

This Task Force has as its charge devising a reporting or auditing system by which MARTOC can obtain accurate information on the revenue and expenditures of MARTA, monitoring fiscal projections and procedures of MARTA in order to anticipate and avoid or minimize cost overruns, and assuring that full financial information is provided to MARTOC and the general public.

TASK FORCE C--OPERATIONS
Leader, Senator Pierre Howard, Jr. Representative J. E. (Billy) McKinney Senator James Tysinger
This Task Force has as its charge monitoring performance, adequacy and safety of bus services, monitoring procedures relative to purchasing supplies and equip ment to assure they are obtained in a fair manner.

TASK FORCE D--ORGANIZATIONAL AND PERSONNEL
Leader, Representative Howard Atherton Representative Tom C. Carr Representative Elliott H. Levitas Representative Clarence H. Vaughn, Jr.
This Task Force has as it charge monitoring the affirmative action program, recruitment, termination, personnel policies, compensation benefits and evaluating the overall organization structure.

INTERIM COMMITTEE REPORTS

4347

TASK FORCE E--PROPERTY ACQUISITION AND RELOCATION
Leader, Representative John Greer Senator Pierre Howard, Jr. Senator Leroy Johnson Representative J. E. (Billy) McKinney

This Task Force has as its charge monitoring the procedures regarding location and acquisition of facilities and land and procedures relative to property acqui sition and construction.

ATTACHMENT "B"

OFFICIAL COMMENT AND RESPONSE PROCEDURE FOR THE MARTA OVERVIEW COMMITTEE

Members of the MARTA Overview Committee (MARTOC) who have any recommendations, suggestions, or comments which need the special attention, and official action of the MARTA Overview Committee, may follow the outlined procedure below:

The Committee members may direct the comments, recommendations, or suggestions to the attention of the Staff Director, or alternatively to the attention of the Chairman of MARTOC, together with any pertinent informa tion which has been gathered or may be available on the issue.

The subjects which should be covered by this procedure (OCAR) should be only those subjects on which full Committee action is needed.

On those matters which are deemed by the Committee member to be urgent, and at the discretion of the Chairman of the Committee, vote may be taken by letter, telegram or telephone.
Those matters which can remain pending until the next regularly scheduled meeting of MARTOC wil! be placed into a special category in the official order of business on the agenda, and presented to the MARTOC members at the meeting.
Upon a favorable vote by the Committee, the question or comment will be sent to the Chairman of the Board of MARTA from the Chairman of MARTOC, specifically stating the issue or question, the official recorded opinion or position of MARTOC. and a specific request for the Board of MARTA to respond to the issue. The written OCAR inquiry will specify a period of anticipated response where the circumstances require it.

The official response from the MARTA Board will be directed to the Chairman of MARTOC and immediately transmitted to the members of MARTOC. The OCAR response will be automatically placed on the agenda of the next regularly scheduled meeting, or a special meeting will be con vened, upon the request of any two MARTOC members for an earlier meeting, or at the request of the Chairman of MARTOC, further action on the OCAR responses can be taken by a telephone, telegram or letter poll of MARTOC
members.

ATTACHMENT "C" MARTA'S ANNUAL VEHICLE MILEAGE

30-

Maria's current projection of peak mile

29-

age equivalent to consultant's recom

mendation

2827- programmed mileage increases

consultant's recommended peak mileage

o

ej

currently proposed mileage increase

I

26-

f

ACTUAL MILEAGE

o

25-

s

w 24-

energy crisis mileage shaving

a

o
!--I

23-

o c!

K

02

22-

21-

unprogrammed overload relief mileage

20-

ATS mileage

19-

CONSULTANT'S RECOMMENDATION

18

1972

1973

1974

1975

INTERIM COMMITTEE REPORTS
ATTACHMENT "D"
SUMMARY: MARTA'S FISCAL YEAR 1975 BUDGET
Sales Taxes, which are projected to yield 10% more than in PY 1974
Bus Revenues Federal Grant Receipts Investment Income and Other Funds Carried Over From FY 1974
Total
The major areas of recommended expenditures are: Capital Programs Debt Repayment Net Operations and Administration
Temporary Investment for Future Development and Operations Total

4349
$ 55,550,000 9,670,402 78,481,346 1,963,888 38,683,882
$184,349,518
$117,035,511 125,000
35,173,980 $152,334,491
$ 32,015,027 $184,349,518

4350

JOURNAL OF THE HOUSE,

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OF THE NONRESIDENT JUNIOR COLLEGE SUBCOMMITTEE
OF THE HOUSE UNIVERSITY SYSTEM OF GEORGIA COMMITTEE

THE COMMITTEE

Honorable E. B. Toles

Representative, 16th District

Chairman

Honorable Marvin H. Adams, Sr.

Honorable John R. Irwin

Representative, 74th District

Representative, 113th District

Honorable William H. Alexander

Honorable Rudolph Johnson

Representative, 38th District

Representative, 68th District

Honorable W. M. Dickey

Honorable Randolph Karrh

Representative, 89th District

Representative, 91st District

Honorable James H. Floyd

Honorable Ken Nix

Representative, 5th District

Representative, 20th District

Honorable Robert A. Irvin

Honorable Colquitt H. Odom

Representative, 23rd District

Representative, 114th District

January 1975

BACKGROUND

In 1964 the Board of Regents directed the Chancellor of the University System to conduct a comprehensive study of the s^ate to determine the need for additional community junior colleges and to recommend locations for new junior colleges to be established in the future. It was recognized that opportunities for education beyond high school were not only desirable but also essential if the citizens of Georgia were to become more effective members of society. To this end guidelines for the establishment of a comprehensive junior college system were developed, including such criteria as the need for community interest and involve ment; minimum projected enrollments necessary for efficient use of facilities, and so forth. 1

The study group recommended several areas as optimal locations for the establishment of future community junior colleges. These areas included the Bibb-Houston County area, west metropolitan Atlanta, and south metropolitan Atlanta. In addition to these areas of the state, several other areas were selected as sites with a slightly lower priority. These were: the Floyd County area, Spalding County area, and the Thomas County area.

The Board of Regents accepted these recommendations and the expansion of the junior college system followed the lines set forth in the study, with the eventual establishment of colleges in Macon, metro Atlanta, and Rome. To date
1For listing of Guidelines and premises, see Appendix A.

INTERIM COMMITTEE REPORTS

4351

the Spalding County and Thomas County institutions are still under consideration, but have not been acted upon.
By 1970 the state junior college system had been expanded to include 11 units:
Abraham Baldwin Agricultural College Middle Georgia College South Georgia College Brunswick Junior College--1964 Gainesville Junior College--1966 Kennesaw Junior College--1966 Albany Junior College--1966 Dalton Junior College--1967 Macon Junior College--1968 Clayton Junior College--1969 Floyd Junior College--1970

Also in 1970, the Board of Regents decided to re-evaluate the development of their plan for the establishment of junior colleges throughout the state. In this study the role of the community junior college was delineated. It was felt that the community junior college should serve adults and college-age students as a multi-purpose institution. Several specific functions have been developed, including:
(1) Providing a two-year transfer program in which the student may attend a college within commuting distance for the first two years of his college program and then transfer to a four-year institution for the completion of a bachelor's degree;
(2) Providing a two-year career program through which a student may find gainful employment at the end of his two years in college;
(3) Providing continuing education programs in an effort to involve adults in the community in the educational process so as to add to the quality of life in the community in which the college is located;
(4) Providing a special studies program for those students who wish to con tinue their education, but who have not been equipped with the skills necessary for that pursuit.

The 1970 Study Committee proceeded along the same lines as had the previous committee in 1964. In fact, the premises largely remained the same and the study dealt primarily with population and enrollment studies and projections in order to determine if further need existed within the state. Several areas were viewed as likely sites for the development of future junior colleges. These areas included:
(1) Bainbridge/Decatur County (an eight-county area).;
(2) Dublin (an 11-county area);
(3) Griffin (a 10-county area);
(4) Swainsboro (a 12-county area);
(5) Thomasville (a six-county area).

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Four additional locations were suggested as areas for further study and the possible eventual development of junior colleges as economic and educational condi tions would warrant. These include:
(1) Athens (a 14-county area);
(2) Blakely (an 11-county area);
(3) Jesup (an 11-county area);
(4) Waycross (a seven-county area).

Currently, junior colleges have been established on two of these sites: Swainsboro and Waycross. The remainder are still under consideration but no action has been taken to establish junior colleges at these locations. In addition to these 13 institutions, the Board of Regents has taken over the operation of Gordon Military College (now Gordon Junior) and opened colleges in Bainbridge and south metro
Atlanta.

COMMITTEE FUNCTIONS
The Nonresident Junior College Subcommittee of the standing University System of Georgia Committee was expanded to review the current status of the junior college system and determine the major needs of the existing junior colleges within the system.

On September 13 the committee held its first meeting, a planning session, at which time it was decided that it would be wise to visit colleges which fell into several general categories. It was felt that in order to gain an overall perspective, these categories should include an older established junior college, at least one junior college with residence facilities, at least one of the junior colleges developed from the 1965 Regents' study, at least one junior college developed from the 1970 Regents' study, and a junior college which had formerly been privately operated, but which had been taken over as a public institution. Using these guidelines, six junior colleges were chosen as sites to visit:
Macon Junior College
Gordon Junior College
Floyd Junior College
Kennesaw Junior College
Emanuel County Junior College
South Georgia College

Prior to the visitations, however, several members met with Dr. Harry Downs, President of Clayton Junior College and the director of the Id65 staff report to the Board of Regents. At this meeting the criteria developed for the 1965 study and other matters related to future junior college construction were discussed. Also during the period before the first visit Mr. "Frank -Danham, Vice-Chancellor for Construction and Physical Plant, was consulted as to the enrollment capacities of the present facilities as compared to the original enrollment capacities; the construction needs at several of the institutions and within the system generally.

INTERIM COMMITTEE REPORTS

4353

On October 13 and 14, 1974, the members of the committee met first with officials of Macon Junior College and then traveled to Barnesville where they talked with administrators from Gordon Junior College. During October 27 and 28, 1974 the committee met at Floyd Junior College and then traveled to Kennesaw Junior College. The final visitations took members of the committee to Emanuel County Junior Colege and South Georgia College on November 22, 1974. At each institution the members of the committee conferred with the respective Presidents and chief administrators who presented general information such as available programs, enrollment trends, special characteristics and needs of the school. 2 Following these meetings, the committee toured each campus in order to inspect present facilities, view programs in operation where possible, and examine the needs firsthand.

FINDINGS AND RECOMMENDATIONS
After inspecting several campuses, it was soon discovered that the major strengths and weaknesses of each campus were common to some degree at each institution. Rather than mentioning each institution separately, it seems more appropriate to examine the specific substantive areas which were discussed.
Special Studies Programs The Board of Regents has instituted a system-wide Special Studies or Develop
mental Education Program during the past few years. Such a program is especially necessary within the junior colleges which generally operate with an open-door admissions policy, admitting students regardless of high school records and test scores. These students, as well as others with seemingly credible scholastic backgrounds, often required remedial aid in order to acquire the reading and math skills necessary for successful participation in the educational programs.
Though the percentage of students who are involved in this program varied as did the emphasis placed on the Special Studies Program, it was almost 20% at a number of institutions. Each college staff recognized the importance of developing the skills in those students who lacked them, but several schools lacked the audio-visual equipment which so impressed committee members at Macon Junior College and Floyd Junior College.
Generally the committee was impressed with the efforts which have been undertaken in this area, but questions the fact that such problems are left to educators in postsecondary institutions. Although strides are being made to reach those enrolled in postsecondary institutions, how many students who do not choose to pursue further education are being released from the public school systems without the basic knowledge they need to even survive in today's society ?
Recommendations (1) The committee feels that since the Special Studies Programs are ex tremely beneficial for a large number of postsecondary students that continued efforts should be made in the development, administration, and funding of such programs.
(2) The possibility of developing a state-wide testing program to determine the skills levels of secondary school students, as well as the development of a readiness test for college level education should be investigated.
2For information pertaining to individual colleges, see Appendix B.

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JOURNAL OF THE HOUSE,

Cooperative Efforts with Area Technical Schools
In each case where Area Technical Schools were located within reasonable proximity of the junior college campus, it was noted that cooperative ventures had taken place where possible. In many instances such programs were instituted from the local level. This was found to be particularly so in such areas as data processing, secretarial sciences, and nursing. There have been efforts made by the Board of Regents and the State Department of Education to develop such cooperation and the college administrators spoke favorably of this encouragement. At most campuses it was felt that much more could be done in this area to promote a more effective use of space, equipment and teaching personnel.

Recommendations
(1) The Board of Regents, State Board of Education, and their staffs should encourage and facilitate local development of cooperative programs which best utilize the available resources.

(2) If further junior college construction is deemed necessary, the location of existing or proposed area technical schools should be a prime con sideration in the choice of possible building sites.

Lapsed Funds
Each college president emphasized the fact that until several years ago, funds not spent during a fiscal year were retained by the institution. The interpretation until 1968 was that unexpended funds were a portion of the funds generated at the institutional level, such as tuition and fees, and that the institutions were entitled to retain them for non-recurring expenses in following years. After 1968, the interpretation changed and these funds were reclassified as state ap propriations and as such are lapsed to the State Treasury. College administrators indicated that allowing the individual college to retain its own surpluses would encourage more economical operations as well as allowing the school to effect repairs and purchase equipment more realistically. When asked, several of the presidents indicated that even returning the surpluses to a central fund to be redistributed as necessary would be preferable to the present arrangement.

Recommendations
(1) The current budgetary procedures should be examined, keeping in mind the possibility of making changes which would allow the retention of budgetary surpluses on a system-wide or institutional level.

Rehabilitation Funds
During the previous fiscal year, no funds were appropriated for the rehabilita tion and renovation of existing physical facilities in the University System. There are system-wide needs in this area, but several schools visited were severely affected by this problem. Generally, rehab funds are most needed by the older institutions as visits with Gordon Junior College and South Georgia College in dicated. These two institutions contain many older buildings which need renova tion before they can be effectively used as classrooms or office space. In certain instances on these two campuses there were buildings with structural deficiencies which should be corrected as soon as possible to prevent further damage and eventual repair costs. Even among some of the newer institutions, renovation

INTERIM COMMITTEE REPORTS

4355

is needed to convert existing structures to serve other purposes. At Macon Junior, for instance, the space now occupied by administrative offices will re quire renovation to serve as library space once new offices are completed.

Recommendations
Funds should be made available, if possible, to meet the major renovation rehabilitation needs of the University System.

Allied Medical Programs.
It was found that the junior colleges throughout the state have developed many excellent nursing and health-related programs. The shortage of qualified nursing personnel experienced several years ago has declined recently. This has in large part been due to the efforts made through the postsecondary education institutions throughout the state. The junior colleges themselves have earned a major part of the credit. The facilities and programs for education in healthrelated fields were generally more than adequate in the schools visited.
In one instance the committee was apprised of several problems, however, At Emanuel County Junior College efforts have been made in conjunction with Swainsboro Area Vocational-Technical School to add an additional step to the career-ladder of practicing nursing in that service area. Swainsboro Tech is currently operating an approved program for nurses' aides and a four-quarter program leading to LPN certification. The proposed program offers an academic and clinical program through Emanuel County Junior College leading to RN certification. This proposed program has been rejected by the certification board, even though it appears to offer many advantages to the prospective student as well as the community. It is hoped that further study will be given the proposal and that it can eventually become operative in some form.
Floyd Junior College deserves special commendation. Dr. McCorkle and his staff, with the cooperation of the Appalachian Regional Commission, has been able to develop a nursing program fully funded through federal grants. In addi tion to equipment, grants have also been provided for the construction of a building on the campus to house the nursing program. It is encouraging to see such initiative on the part of our college administrators.

Community Services
The members of the committee would like to take this opportunity to com mend each of the junior colleges visited for their efforts in the area of com munity service. In each case, administrators have studied the needs of the area served by the college and have proceeded to meet those needs. Macon Junior, for instance, is providing extension courses for personnel at Warner Robins Air Force Base, involving the community in cultural events, and stressing avocational courses for those adults who might be interested. Gordon Junior, as another example, has provided management and business courses so employees at local cotton mills might upgrade their skills. Floyd Junior, as still another example, has offered courses in deaf education, and methods of communication for those involved with the School for the Deaf at Cave Spring.
In each of these specific cases and in many others too numerous to mention, the college staffs have effectively assessed the local needs and have attempted

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JOURNAL OP THE HOUSE,

to offer programs or courses which might realistically fulfill some of these community needs. Such efforts are often made with little or no reimbursement and we would like to take this opportunity to thank these personnel.

SUMMARY
The members of the committee feel that the junior colleges in the state are filling a distinct need. However, due to current economic instability and the current needs of existing institutions, it is our recommendation that no additional construction of junior colleges be initiated at this time. We should lean toward enlarging and increasing the quality of the existing institutions, not starting new ones, especially in urban areas within commuting distance of existing institutions. The need for continued planning must also be stressed.

We feel that several factors merit considerable attention in the future development of the junior college system. As stated earlier, cooperative efforts between vocational schools and junior colleges must be strengthened. Future junior college sites should be within easy commuting distances, if not on the same campuses, of the local area vocational-technical schools to facilitate such cooperation. In addition to these cooperative efforts, we feel it is imperative that the planning processes include accurate projections of enrollments for pro posed junior college locations. In order to utilize our resources effectively we feel that some minimum enrollment figure for efficient operations must be calculated and used as a guideline for the future development of new junior colleges.

The state's population will continue to grow and this growth will result in in creased demand for postsecondary educational opportunities. This demand must be met judiciously, examining every aspect of the postsecondary educational process in order to provide equitable opportunities for all Georgians.

/s/ E. B. Toles Representative, 16th District Chairman
Is/ Rudolph Johnson Representative, 68th District Vice Chairman
/s/ Marvin H. Adams Representative, 74th District
/s/ William H. Alexander Representative, 38th District
/s/ W. M. Dickey Representative, 89th District

Respectfully submitted,
/s/ Robert A. Irvin Representative, 23rd District
/s/ John R. Irwin Representative, 113th District
/s/ Randolph Karrh Representative, 91st District
l&l Ken Nix Representative, 20th District
/s/ Colquitt H. Odom Representative, 114th District

INTERIM COMMITTEE REPORTS

4357

APPENDIX A

Premises and Guidelines
A comprehensive study of any state must be based on certain assumptions and should be conducted within the framework of guidelines basic to the study. A summary of the assumptions underlying this study and of the guidelines fol lowed in conducting the study is expressed in the following statements of premises and guidelines.

PREMISES
1. The long-range goal of the state is to make opportunity for comprehensive education beyond the high school available and attractive to all citizens.
2. The community junior college is one type of institution through which Geor gia aims to make comprehensive education beyond the high school available to all citizens.
3. The community junior college, as envisaged in this report, provides regular freshman and sophomore courses, appropriate terminal and occupational programs, guidance and counseling services, adult education, and specialized programs to meet the needs of the community in which it is located.
4. Systematic state-wide planning for education beyond the high school is essential if community junior colleges are to achieve their potential in service to all of the people of the state in the most economical manner.
5. The types of institutions envisioned in this study are community junior colleges to be operated by the Board of Regents as units of the University System of Georgia.
6. No plans are envisioned for converting community junior colleges into fouryear institutions.
7. The primary purposes of this study are to identify communities in which there is apparent need for new community junior colleges and to suggest a schedule of desirable dates for opening these institutions.
8. Consideration must be given to the relationship between community junior colleges and area vocational-technical schools operated by the State Depart ment of Education.
9. Needless duplication in providing for education beyond the high school is to be avoided.
10. This study aims to serve as a foundation for the future and continuing study of higher education in Georgia.
11. Smooth articulation between high schools and community junior colleges and particularly between community junior colleges and senior colleges can and must be achieved.
12. The establishment of community junior colleges in additional communities in the state will encourage increasing proportions of the population to enter college and obtain additional education.
13. In recommending the location of junior colleges, consideration must be given to the location of existing senior institutions.

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JOURNAL OF THE HOUSE,

14. Communities identified by this study as desirable locations for new com munity junior colleges will follow the procedures established by the Board of Regents in seeking approval and developing these new institutions.

GUIDELINES
1. The location of additional community junior colleges in Georgia should be determined primarily by population concentrations and the availability of opportunities for education at the junior college level.
2. Community junior colleges considered in this study are expected to serve the population within a radius of about 35 miles, except in major urban areas.
3. Community desire, interest and ability to finance the construction of junior college facilities are not being considered in this study.
4. The scope of this study necessitates a careful examination of every commun ity in the state.
5. Highest priorities should be given to the establishment of junior colleges that can anticipate an early enrollment of 800 or more equivalent full-time stu dents. Colleges with an early potential enrollment of less than 400 equivalent full-time students should not be recommended.

APPENDIX B

SELECTED STATISTICS FOR THE SIX JUNIOR COLLEGES VISITED

Macon Junior College

Enrollment (actual and projected)

1968

1,110 (actual)

1969

989

1970

1,700

1971

1,810

1972

1,632

1973

1,916

1974

2,161

1975

2,375 (projected)

Continuing Education Enrollments
Enrichment Courses Conferences, Seminars, Workshops Graduate Courses (MGATES) Visiting Groups
TOTAL

1973
2,024 742
1,581 4,866 9,213

1974
2,409 1,446 1,684 3,730 9,269

Married Males Married Females Single Males

Student Body Profile

528

568

240

334

590

626

INTERIM COMMITTEE REPORTS

Single Females

556

Students Receiving Veterans Benefits

518

Minority Students

158

Student Body Age (1974)

Average Age -- 23

19 and below -- 44%

20 -- 29

-- 41%

30 -- 39

-- 10%

40 and over -- 5%

Full time Part time with Ph.D's
Volumes held

Faculty Library

53 13 14
35,828

Major Needs Additional physical plant construction to accommodate increased enrollment, especially:
(1) additional library space (2) additional classroom space (3) auditorium

Floyd Junior College
Enrollment (actual) 1970 1971 1972 1973 1974

545 (actual) 805 1,003 1,040 1,210

Total participants
Married Males Married Females Single Males Single Females

Continuing Education Enrollments

1973 4,710

Student Body Profile
180 164 371 325

4359 632 580 196
64 18 18 40,890
1974
52 185 594 377

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Student Body Age (1974)

19 and below -- 40%

20 -- 24

-- 27%

25 -- 29

-- 16%

30 and over -- 17%

Major counties served (1974-75)

Chattooga Gordon Floyd Bartow Polk Haralson Other

73 students 12 students 840 students 37 students 210 students 15 students 23 students

Full time Part time with Ph.D's

Faculty

--

46

--

28

--

11

Major Needs Additional academic facilities, especially:
(1) classroom facilities (2) faculty office space (3) additional physical education facilities

Kennesaw Junior College

Enrollment (actual and projected)

1966

1,014 (actual)

1967

1,278

1968

1,368

1969

1,577

1970

1,570

1971

1,773

1972

1,848

1973

2,031 "

1974

2,241

1975

2,368 (projected)

Married Males Married Females Single Males Single Females

1973

1974

Student Body Profile

312

--

250

--

800

--

670

--

INTERIM COMMITTEE REPORTS

Major counties served (1974-75)

Bartow Cherokee Cobb DeKalb Fulton Paulding Other

70 students 85 students 1,679 students 18 students 198 students 24 students 167 students

Faculty (1974-75) (1) Master's Degree in Teaching field -- 99% (2) Year of Advanced Study beyond Master's Degree -- 72% (3) Earned Doctorates -- 37%

Volumes held

Library --

Major Needs (1) Salary increases for faculty (2) Physical plant construction, especially:
(a) maintenance annex (b) community services center (c) classroom, laboratory, faculty office space

Emanuel County Junior College Enrollment (actual) 1973 1974

167 (actual) 329 (actual)

1973 Student Body Profile

Male

97

Female

70

Married

56

Single

111

Students Receiving Veterans Benefits

20

Minority Students

37

Student Body Age (1974-75)

17 and under 18 -- 19 20 -- 24 25 -- 34 35 and over

-- 17% -- 37% -- 14% -- 19% -- 13%

4361
73,894
1974 176 153 105 224 46 70

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Major counties served (1974-75)

Emanuel Jefferson Jenkins Johnson Burke Candler Other

187 students 31 students 33 students 15 students 11 students 14 students 37 students

Total faculty

Faculty

--

17

Volumes held

Library*

4,456

7,268

Major Needs
(1) Additional funds for purchase of library books in order to meet Southern Association's standards for accreditation.
(2) Funding for landscaping, fencing, and conversion of existing brick structure to a ceramic lab.

South Georgia College
Enrollment (actual)
1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974

759 (actual) 910 tt 1,040 it 1,001 it 1,029 it 1,149 tt 1,095 tt 1,270 tt 1,341 tt 1,212 tt 1,244 tt

Continuing: Education

(Programs offered, number participants)

1971

15 programs, 291 participants

1972

76 programs, 2,484 participants

1973

74 programs, 2,482 participants

1974

85 programs, 2,800 participants

*Note that 20,000 volumes is normally regarded as the minimum necessary for accreditation by the Southern Association of Colleges and Schools.

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4363

Major counties served (1974-75)

Appling Atkinson Bacon Ben Hill Bulloch Chatham Clinch Coffee Evans
Fulton
Jeff Davis
Liberty
Pierce
Sumter
Tattnall
Telfair
Thomas
Toombs
Ware
Wayne
Other

20 students 40 students 46 students 17 students 25 students 17 students 12 students 277 students 13 students
16 students
70 students
12 students
17 students
33 students
122 students
26 students
16 students
28 students
72 students
18 students
354 students

Volumes held

Library*

1973 76,799

1974
84,977

Major Needs
(1) State assumption of authority lease rental payments
(2) Funds for new construction--library, shop/warehouse for plant maintenance operations, additions to physical education facilities
(3) Salary increases for faculty members

Gordon Junior College

Enrollment (actual and projected)

1972

550 (actual)

1973

750 "

1974

937

1975

1,050 (projected)

1973

1974

Continuing Education Enrollments

Total participants

500

*The South Georgia College library currently fails to meet the standards in seating capacity set by the Southern Association of Colleges and Schools for accreditation.

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Student Body Profile

Males Females Students Receiving Veterans Benefits Minority Students

--

565

--

372

--

145

--

108

Major counties served (1974-75)

Upson Spalding Lamar Monroe Pike Butts Newton Crawford Other

243 students 201 students 163 students 74 students 69 students 58 students 31 students 20 students 78 students

Total faculty with Ph.D's

Faculty

38

13

8

13

Volumes held

Library

20,000

--

Major Needs
(1) Funds for rehabilitation projects, including renovation of dorms, classroom buildings, the gymnasium, adminis tration building, and for landscaping and paving.
(2) Salary increases for faculty members.

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4365

The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.

REPORT OF THE
PARKS AND RECREATION SUBCOMMITTEE OF THE
HOUSE RECREATION COMMITTEE

THE SUBCOMMITTEE

Honorable Forest Hays, Jr. Representative, 1st District Chairman Honorable R. A. Dent Representative, 78th District

Honorable Eston A. Harden Representative, 128th District Honorable Jack Irvin Representative, 10th District Honorable John Savage Representative, 30th District

December 1974

INTRODUCTION

The Subcommittee visited several Georgia State Parks, Historic Sites and Fish Hatcheries in order to evaluate firsthand, the condition and management of these facilities. In some instances, the Subcommittee met with the full Committee in visiting some of the sites. The Subcommittee, as well as the full Committee, also gave consideration to the Lake Tobesofkee Recreation Area becoming a part of the system of State parks, and Appendix B of this report deals with that
subject.

The report that follows is broken down into general recommendations applicable to the Parks and Historic Sites Division and the Game and Fish Division of the Department of Natural Resources and an Appendix A setting forth specific recommendations for individual State Parks, Historic Sites and
Fish Hatcheries.

The Subcommittee sincerely hopes that members of the full Recreation Committee, as well as all members of the General Assembly, will give these recommendations the serious consideration they deserve.

Georgia can be justly proud of its system of State Parks and the Parks and Historic Sites Division is certainly entitled to the continued support of the General Assembly.
The Subcommittee would like particularly to express its appreciation to Mr. Hank Struble, Director of the Division of Parks and Historic Sites, for his able

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leadership and excellent cooperation with the Subcommittee. The Subcommittee also acknowledges, with appreciation, the fine cooperation of other personnel of the Department of Natural Resources, including the Park Superintendents and Fish Hatchery personnel visited by the Subcommittee.

The Subcommittee also acknowledges, with appreciation, the excellent co operation given to the Subcommittee in carrying out its duties by Mr. Joe D. Tanner, Commissioner, Department of Natural Resources and Mr. George T. Bagby, Deputy Commissioner, Department of Natural Resources.

The Subcommittee also found that the cooperation of the several departments in State Government has been good and has done much to develop our parks. We wish to commend the heads and personnel of the Game and Fish Division, Depart ment of Transportation, Purchasing Division of the Department of Administrative Services, Forestry Department and Industry and Trade Department.

GENERAL RECOMMENDATIONS
1. That any new lands that might be donated to, or otherwise acquired by the Parks and Historic Sites Division, be accepted or acquired with the thought in mind of developing these new areas after the existing parks have been de veloped to their fullest potential.
2. That the present State parks be brought up to their fullest potential and that certain State parks located in and around population centers of the State be expanded in acreage and that appropriate facility development be carried out in order to meet the future visitation demands.
3. That the Department of Natural Resources establish as a criteria a minimum of 500 acres for future State parks.
COMMENTS: The Subcommittee realizes the critical need for establishing additional parks in and around the populated centers of the State to meet future needs, but to assure sufficient acreage to properly develop and expand park sites, the minimum acreage recommended herein would be highly desirable. Smaller areas of unusual Statewide interest with historical, geological, ecological, archae ological or botanical significance should be preserved, and development should be limited and related directly to the outstanding features of the site. Areas under this category should be given serious thought and consideration prior to acquiring same. Restoration costs, operational costs and other factors should be weighed very seriously before acquiring lands and buildings which fall in this category.
4. That all future designs of park facilities be in keeping with the rustic atmosphere that one would expect to find in a State park and that ultramodern and multicolored structures be discontinued. Future designs for facilities should include provisions for use by the handicapped.
5. That the Parks and Historic Sites Division try to fulfill a need in every instance when selecting additional facilities for a park.
COMMENTS: The Subcommittee does not think that any enterprise or ven ture should be undertaken by the Parks and Historic Sites Division when it would

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4367

be in competition with private enterprise unless there is a definite need that cannot be filled by private enterprise.

6. That special emphasis be placed on expanding overnight camping facili ties at State parks.

COMMENTS: The demand for these facilities is growing at a tremendous rate, because every year many more families take their vacations by using tents and trailers. According to statistics, these families spend considerable money while in the area, which greatly benefits nearby communities.

7. That the Division give serious consideration to increasing electric amper age at campsites. Fifteen (15) amps is not sufficient to accommodate large trailers which require a heavy load. Thirty (30) amp outlets should be made available at campsites throughout the State Parks System.

8. That the Parks and Historic Sites Division look into the feasibility of building larger trading posts at the various State parks in the future in order to better accommodate the anticipated increase of visitors to the State parks.

9. That the Parks and Historic Sites Division allocate additional effort and funds in order to increase and enhance its beautification programs for State parks, especially around the park structures and entrance roads leading into the parks.

10. That the present program for the construction of stone entrances on State parks be continued until all parks in the System have been completed.

COMMENTS: The entrances already finished under this program are indeed attractive and appealing to the park visitor.

11. The Subcommittee found many roads in the parks to be in need of up grading, as well as paving. Many dirt roads would be sufficient if they were properly maintained. The Subcommittee recommends sufficient funds be placed in the Division's budget in order to share costs with the Department of Trans portation in order to accomplish the needed road work.

12. That the Parks and Historic Sites Division, working in cooperation with the Department of Transportation, devise a uniform system of informational signs to be placed along the major highways of the State, giving the public adequate directions to the location of the various State parks.

13. The Subcommittee recommends that the Parks and Historic Sites Division discontinue any future plans for the construction of regulation golf courses at any State park throughout the Park System. We feel that the construction and maintenance of golf courses is a local responsibility, and that monies allocated to the State parks be used to provide facilities to serve more park visitors in other basic forms of outdoor recreation.

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CONCLUDING REMARKS

1. The Subcommittee found that the superintendents and staff of all parks visited are very devoted to their work, all have the Parks System at heart, and are doing an outstanding job.

2. The members of the Subcommittee unanimously agree that the Parks and Historic Sites Division should be complimented on the visible signs of progress and improvement, overall clean appearance, and general upgrading of the State parks visited by the Subcommittee.

3. The Subcommittee recommends that the House and Senate Appropriations Committees give favorable consideration to increasing the Parks and Historic Sites Division's annual budget by 25% each year for the next 4 years. The Sub committee is aware of the growing demand for outdoor recreation facilities. As
this demand for recreation facilities and services grows, the Division's budget should increase likewise.

4. Attached as Appendix A to this report are the findings and recommenda tions of the Subcommittee relative to each individual park. Appendix B deals with the Subcommittee's consideration of Lake Tobesofkee.

Respectfully submitted,
/s/ Forest Hays, Jr., Chairman Representative, 1st District
/s/ R. A. Dent Representative, 78th District
/s/ Eston A. Harden Representative, 128th District
/s/ Jack Irvin Representative, 10th District
/s/ John Savage Representative, 30th District

APPENDIX A
CORDELE FISH HATCHERY
There appears to be a definite need to drill a new well in order to provide sufficient water supply for proper fish production. The present well and water supply is totally inadequate. The Subcommittee also feels that the hatchery should be kept free of trash and litter.
ELIJAH CLARK STATE PARK The camp sites in Area #2 should be reworked, and camping sites in Area
#1 should be stabilized.
Consideration should be given to the construction of wheelchair ramps to at least three of the existing ten cottages.

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Consideration should be given to the installation of heaters in the Family and Group Shelter, thereby providing year-round use of this facility.
Consideration should be given to the construction of a central type washer and dryer building which would accommodate cottage users.

GEORGIA VETERANS STATE PARK
Many roads in this park need to be paved and some existing roads need to be resurfaced.
The maintenance area at this park needs to be cleaned up and put in good order.
The landfill at this park needs to be cleaned up and better maintained.
Campsites are in need of reworking.
The museum exhibits need to be reworked and updated.
There is a need to install a rail fence along the main road in front of the cottages and day-use area to provide better traffic control.
The Subcommittee noted that, since the lake renovation work has been ac complished, the lake is much more attractive and useable by park visitors.

KEG CREEK STATE PARK
It was noted by the Subcommittee that much work was going on and many improvements are being made at this park.
The proposed boat ramp should be completed, and the adjacent area should be cleared of underbrush and picnic tables installed at the earliest possible date.
Water and electricity should be installed in the new camping area in an effort to ready this facility for the 1975 summer season.
Landscaping around structures needs to be accomplished.

McDUPPIE FISH HATCHERY
The Subcommittee visited this site and found all facilities in a good, clean condition.
Personnel on this site were courteous and efficient in explaining the opera tion of the facility.

MISTLETOE STATE PARK
It was noted that many of the campsites at this park needed maintenance and repair.
The Subcommittee recommends that camping area #2 be completed when sufficient funds become available for this purposee.
The areas around many park structures at this park are in need of land scaping.
Maintenance facilities at this park need to be cleaned up .and better organized.

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ROBERT TOOMBS HOUSE
Trees on the rear of the property which have been severely damaged or blown down from storm damage should be removed.
The Subcommittee noted that this structure was in need of major renovation, and it is very evident that it is going to cost a considerable amount of money to put it into a serviceable condition.

WASHINGTON-WILKES MUSEUM The museum building is in need of exterior painting.
The back porches on this structure are in poor condition and should be repaired at the earliest date possible.
The roof of the museum needs to be repaired immediately.

WHITEWATER CREEK STATE PARK
All roads in this park need paving, including the camping area road system.
A continuing program for the control of the aquatic weed growth in the lake needs to be established.
The gates on the dam should be repaired in order that the water level of the lake can be regulated.

APPENDIX B
LAKE TOBESOFKEE RECREATION AREA
The Lake Tobesofkee Recreation Area was developed by Bibb County in conjunction with a watershed project of the Soil Conservation Service, involving a grant of $2,335,567.87, and the sale of revenue bonds by Bibb County to the Farmers Home Administration in the total amount of $2,188,250.00. The revenue bonds involved two sales, one of $1,788,250.00 and the other of $400,000.00, which were to be repaid in annual payments totaling $126,900.00. The bonds were to be repaid from revenue generated from the recreational facility. This project, which includes a lake of about 1,750 acres, resulted from a plan approved in the early 1960's, and in 1969, almost 3 years later than anticipated, the initial facilities of the park opened. The revenue expected to be generated by the park was based on projected attendance figures of 612,000 to 900,000 annually from 1966 through 1971, when, in fact, the highest annual attendance to date was 237,000 in 1971. As a result, operating expenses have exceeded revenue since the park opened, and with the exception of the first payments (totaling $126,900.00) Bibb County has not made the payments to FHA and is currently behind in the payments in the amount of $888,300.00.
The Recreation Committee was asked to consider this problem over a year ago. Because of that request, the Recreation Committee, in conjunction with this Subcommittee, has met with officials of Bibb County, the Department of Natural Resources, and the Farmers Home Administration, on several occasions to consider the problem of Lake Tobesofkee. One approach that has been suggested most often is for the State to acquire the facility, either by purchase or longterm lease, and operate it as a unit of the State Parks System. In conjunction with State acquisition, it was contemplated that the obligation to the Farmers

INTERIM COMMITTEE REPORTS

4371

Home Administration would be satisfied either by payment of past due amounts and continued payment or a renegotiation and payment or some other alternative that would be satisfactory to the State and FHA.
In a report recently issued, the Department of Natural Resources made a detailed study of the Lake Tobesofkee Recreation Area and expressed considerable doubt that acquisition of the facility by the Department could be reconciled with the system of priorities heretofore established by the Department. This report also considered several other alternatives short of State acquisition of the facility, as well as the alternative that the Department take no action relative to the facility.
The Recreation Committee feels that all reasonable alternatives relative to Lake Tobesofkee should be explored, but it does not feel that it is in a position to make a recommendation as to any particular alternative at this time. The Committee last met with Bibb County, DNR and FHA officials on this subject in Macon on December 3, 1974. A public hearing on the matter was also held in Macon on the evening of December 2. At the December 3rd meeting in Macon, the Committee adopted a motion to the following effect:
That the State Board of Natural Resources and the Commissioner of the Department of Natural Resources work in conjunction with the Board of Commissioners of Bibb County, representatives of the Farmers Home Administration, and other appropriate State and Federal officials to recommend solutions to the problems facing the Lake Tobesofkee Recreation Area that would be in the best interests of the people of Georgia and that such recommended solutions be reported to the Recre ation Commitee of the House of Representatives.
The Subcommittee has been advised that meetings have taken place pursuant to this motion, and it is hoped that a firm recommendation may be made to the Recreation Committee in the near future.

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The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OF THE STATE LEASE AND RENTAL OF PROPERTY SUBCOMMITTEE
OF THE STATE INSTITUTIONS AND PROPERTY COMMITTEE

THE SUBCOMMITTEE

Honorable Herbert Jones, Jr. Representative, 109th District Chairman Honorable Terry L. Coleman Representative, 102nd District

Honorable Jack Irvin Representative, 10th District Honorable Tom Turner Representative, 3rd District Honorable Doug Whitmire Representative, 9th District

December 1974

INTRODUCTION
Representative Carlton Colwell, Chairman of the State Institutions and Property Committee, appointed the Subcommittee for the purpose of examining current procedures governing the renting or leasing of space by State agencies and to generally determine methods by which space management by the State may be improved. In carrying out its responsibility, the Subcommittee met with many State officials, including personnel of the Department of Administrative Services who have some responsibility for space utilization by State agencies, in an effort to gain an understanding of current practices and the problems associated with those practices. In addition to these meetings, the Subcommittee made several on-site inspections of property being used by the State, including rented or leased property.

FINDINGS
Although present law gives the Department of Administrative Services authority over the lease or rental of property by State agencies, it is fair to state that the main problem under current practices is that there is no centralized control over, or standards governing the utilization of space by the various State agencies. In effect, each agency decides what space it requires for its operation, and, as a result, space needs are determined on the basis of more or less arbitrary requirements often directly related to personal choices of the officials of the agency. The limits on this procedure are confined to the agency's ability to compete for space and State appropriations, which leaves some agencies relatively underhoused while others, by comparison, are overhoused. This system is obviously inefficient, leading to excessive costs in providing adequate space for the operation of the State government. While a new procedure, along the lines discussed below, could not guarantee the expendi-

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ture of less funds (in an absolute 1974 dollar's sense) for space in the future, since needs are continuing to expand, it most assuredly would reduce the amount which would otherwise be required if the present procedure, which is really no procedure at all, is retained.

RECOMMENDATIONS
The Subcommittee believes that a substantial improvement in space manage ment could be achieved by the enactment of legislation to accomplish the follow ing objectives:
1. Give the Department of Administrative Services (DOAS) general super vision over the utilization of space by all State agencies. This authority should extend to space utilization by State agencies at any location of the State and should not be confined to the Atlanta or Capitol Hill area.
Discussion: The DOAS supervision of space utilization should be confined to space used by the executive branch of the State government and should not extend to space "consumed" by an executive agency, such as highway rights-of-way, borrow pits, etc., of the Department of Transportation, in delivering the agency's services. Similarly, institutions of the University System would not be included, because they are directly related to or are a part of the service provided by the Board of Regents. On the other hand, space used by the agency itself and its personnel, on a continuing basis, such as the administrative offices of DOT and Regents, should be included. Generally speaking, the control of space utilization should extend to office space but should not be limited only to office space. For example, certain training facilities, laboratories, storage facilities, and the like, used by an agency on a continuing basis should be included in the program. Some of the current inefficiency in the utilization of space results from the location of such facilities in buildings that could be used to much greater advantage as office space. It will be necessary for the legislation to carefully define the space to be covered, and it is expected that the definition will be the subject of considerable debate.
2. Charge DOAS with the responsibility of developing, by a certain date, standards governing the utilization of space in accordance with the uses to be made of the space.
Discussion: It should be emphasized that the Subcommittee does not contemplate the substitution of the judgment of DOAS for an agency in any programmatic sense but only as to the utilization of space by an agency in carrying out its programs. Moreover, an agency, in making its request for space, would outline its space needs, including any extraordinary needs it deemed necessary in order for it to effectively provide its service. DOAS would then measure these requirements against its standards for space utilization and assign space sufficient for the agency to carry out its functions, as defined by the agency. In the event of a conflict between the agency request and DOAS assignment of space, consideration might be given to an appeal procedure. The standards developed by DOAS would be completed only after a complete in ventory of the functions of the various agencies and after consultation with personnel of those agencies. These standards should also include requirements as to locations of facilities. For example, the location of a facility in the Capitol Hill area, where space would be very expensive, should not be allowed

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JOURNAL OF THE HOUSE,

if the function of the agency could be performed equally as well in a location where space is much cheaper.

3. Transfer the management of existing State properties, subject to the space management program, to DOAS.

Discussion: The date of this transfer would be after the development of the space utilization standards discussed by 2 above. After the transfer of property, DOAS, State agencies should be required to pay rent, or otherwise be budgetarily bring the agencies into conformity with space utilization standards. Authority should also be given to DOAS to grant variances to the space utilization standards when other factors indicate it would not be in the best interests of the State to require an agency to move from one facility to another. The granting of these variances should be controlled, however, by rules and regulations and should not be allowed to be arbitrarily granted or withheld.

4. Simultaneous with the transfer of space management responsibility to DOAS, State agencies should be required to pay rent, or otherwise be budgetarily accountable, for the space utilized by them.

Discussion: This procedure in itself would greatly increase efficiency in the utilization of space. If each agency were required to budget rent payments for its utilization of space, the agency would be much more inclined to use that space wisely.

A basic problem under the present system is that an important "tool of management" is simply not available to agency heads, because they do not have a source of objective information on which to base space utilization decisions. This procedure--paying for the use of space and using it in accordance with objective standards--would give them the needed "tool of management". One could also reasonably assume that the procedure would help to resolve potential conflicts between agencies and DOAS in the requests for space. For example, if the agency request indicated a cost of $10.00 per square foot while the objective standards of DOAS indicated needs could be adequately met for $5.00 per square foot, the agency would be under considerable pressure to reexamine its supposed requirements, particularly when it had to explain the high cost for rent in its budget requests.

Attached hereto and made a part of this Report as an Appendix is a draft of a bill that seeks to accomplish the foregoing objectives. The Subcommittee does not suggest that this bill represents a perfect answer to space management problems, but it is believed that the bill will serve as a good point of departure for the General Assembly to give consideration to the serious problem of bringing about more effective and efficient utilization of space by executive agencies of the State government.

Respectfully submitted,

/si Herbert Jones, Jr. Representative, 109th District Chairman
/s/ Terry L. Coleman Representative, 102nd District

/s/ Jack Irvin Representative, 10th District
/s/ Tom Turner Representative, 3rd District
/s/ Doug Whitmire Representative, 9th District

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APPENDIX A BILL

To be entitled an Act to provide for the management of the utilization of certain types of real property by the various agencies of the executive branch of the State government; to provide for a short title; to provide for definitions; to provide for certain powers and duties of the Department of Administrative Services and for the Commissioner of said Department; to provide for standards for space utilization; to provide that State agencies shall make application for certain space requirements; to provide for certain budgetary require ments; to provide for rules and regulations; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Short Title. This Act shall be known and may be cited as the "State Building Management Act of 1975".

Section 2. Definitions. As used in this Act, unless the context clearly requires otherwise, the following words or terms shall have the meanings hereinafter provided:

(a) "State agency" means any department, division, board, bureau, commission or other agency of the executive branch of the State government, by whatever name designated.

(b) "Administrative space" means real property utilized by a
State agency for office space, storage space, and for other purposes when such space is utilized by officials or employees of the State agency in delivering the services for which the State agency is responsible for providing. The term does not include the following properties:

(1) The State Capitol, and the utilization of the State Capitol shall be as now or as hereafter provided by law.

(2) Space utilized by the legislative and judicial branches of the State government, and the utilization of space by those branches of the State government shall be as now or as hereafter provided by law.

(3) The land, buildings and other real property constituting any part of any institution of higher education under the control and management of the Board of Regents of the University System of Georgia.
(4) Game preserves, wildlife refuges, boat docks, boat ramps, fish hatcheries, district offices and the lands and buildings constituting

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any part of such facilities under the control and management of the Game and Fish Division of the State Department of Natural Resources.

(5) The land, buildings and other real property constituting any part of the system of State parks and historic sites under the control and management of the Division of State Parks and Historic Sites of the State Department of Natural Resources.

(6) Highway rights-of-way, maintenance barns, barrow pits, equip ment sheds and the lands and buildings constituting any part of such facilities under the control and management of the State Department of Transportation.

(7) Prisons and penal institutions and the land and buildings constituting any part of such facilities under the control and manage ment of the State Department of Offender Rehabilitation.

(8) State patrol barracks and the land and buildings constituting any part of such facilities under the control and management of the State Department of Public Safety.

(9) Farmers markets and the land and buildings constituting any part of such facilities under the control and management of the State Department of Agriculture.

(10) Hospitals, rehabilitation centers, schools for the handicapped and other mental and physical health care institutions and the land and buildings constituting any part of such facilities under the control and management of the State Department of Human Resources.

(11) Fire towers and the land and buildings constituting any part of such facilities under the control and management of the Georgia Forestry Commission.

(12) Vocational education schools and the land and buildings constituting any part of such facilities under the control and manage ment of the State Board of Education.

(13) Tourist centers and rest stations and the land and buildings constituting any part of such facilities under the control and manage ment of the Tourist Divisioi of the Department of Community Develop ment.

(14) Any armories or other military installations and the land and buildings constituting any part of such facilities under the control and management of the State Department of Defense.

(15) Any real properties under the control and management of the State Properties Commission pursuant to Code Chapter 191-1A known as the "State Properties Code", as now or as hereafter amended.

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(c) "Department" means the State Department of Administrative Services.

(d) "Commissioner" means the Commissioner of the Department of Administrative Services.

Section 3. Administrative Space Management, (a) The Depart ment is hereby given the authority and charged with the duty of man aging the utilization of administrative space by all State agencies. Such management shall include the authority to assign and reassign admin istrative space to State agencies based on the needs of such agencies as determined by standards for administrative space utilization promul gated by the Commissioner pursuant to Section 4 of this Act.

(b) The management of the utilization of administrative space by the Department shall include administrative space now or hereafter rented or leased by a State agency from the Georgia Building Authority or from any other public or private person, firm or corporation. Here after, when it becomes necessary to rent or lease administrative space, such space shall be rented or leased by the Department and assigned to the State agency or agencies requiring such space.

(c) If the Department reassigns all or any portion of any admin istrative space which is leased or rented by one State agency to another State agency, the State agency to which such administrative space is reassigned shall pay to the Department rental charges, as determined by the Department, for the utilization of such space, and the Department shall, in turn, use such rental charges so paid for the purpose of paying, or partially paying, as the case may be, the rent or lease payments due the lessor of such administrative space in accordance with the terms of the lease or rent contract existing at the time of the reassignment of such administrative space. Any such payments to a lessor by the Depart ment shall be on behalf of the State agency which is the lessee of the
administrative space reassigned as provided herein.

(d) The management of the utilization of administrative space given to the Department by this Act shall not be construed to impair the obligation of any contract heretofore executed between any State agency and the Georgia Building Authority or between any State agency and any other public or private person, firm or corporation, and the powers given to the Department by this Act shall not be implemented or carried out in such a manner as to impair the obligation of any such contract.
Section 4. Standards for Space Utilization, (a) The Commissioner is hereby authorized and directed to develop and promulgate standards governing the utilization of administration space by all State agencies. Such standards shall be uniformly applied to all State agencies, except as otherwise provided by subsection (b) hereof, but such standards shall recognize and provide for different types of administrative space re quired by the various State agencies and the different types of admin istrative space that may be required by a single State agency.

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(b) The standards required by subsection (a) hereof shall be de veloped by and become effective on January 1, 1976. After said date, the Department shall be authorized to begin reassignment of administrative space to the various State agencies in order to bring the utilization of administrative space into conformity with such standards. Between July 1, 1975 and January 1, 1976, no administrative space being utilized on July 1, 1975 shall be reassigned by the department, but any additional administrative space required by a State agency between said dates shall be approved by and obtained through the Department. After Jan uary 1, 1976, the Commissioner shall be authorized to grant exceptions to the standards governing the utilization of administrative space when the reassignment of such space would involve unnecessary expenses or the disruption of services being provided by a State agency, but the Commissioner shall adopt and promulgate rules and regulations govern ing the granting of such exceptions, and such rules and regulations shall be uniformly applied by the Commissioner to all State agencies request ing an exception to such standards.
Section 5. State Agencies to Apply to Department for Administra tive Space. At any time on and after January 1, 1976, any State agency requiring additional administrative space shall apply therefor to the Department on forms prescribed by the Department for such purpose, and the Department shall assign such space to the agency in conformity with the standards governing the utilization of administrative space promulgated pursuant to Section 4 of this Act.
Section 6. Commissioner Authorized to Provide Budgetary Re quirements. The Commissioner is hereby authorized and directed to pro mulgate rules and regulations governing budgetary requirements for administrative space utilized by State agencies whereby such agencies shall be accountable in the budgetary process for administrative space assigned to and utilized by them. Such budgetary requirements may pro vide for the payment of rent to the Department by State agencies or may otherwise provide procedures for the assessment of rent charges for administrative space utilized by State agencies or any combination of the foregoing.
Section 7. Rules and Regulations. In addition to the standards and rules and regulations specifically provided for by this Act, the Com missioner is hereby authorized to adopt such other rules and regulations as may be required to efficiently and effectively carry out the provisions of this Act.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

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The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY AND OTHER INTERESTED PERSONS

REPORT OF THE STATE PLANNING AND COMMUNITY AFFAIRS
COMMITTEE

THE COMMITTEE

Honorable Elliott H. Levitas Representative, 50th District Chairman

Honorable Gerald T. Horton Representative, 43rd District Vice Chairman

Honorable Nathan G. Knight Representative, 65th District Secretary

Honorable W. M. Alexander Representative, 39th District

Honorable Robert H. Farrar Representative, 52nd District

Honorable Howard Atherton Representative, 19th District

Honorable Leon R. Floyd Representative, 56th District

Honorable Frank I. Bailey, Jr. Representative, 68th District

Honorable R. L. Foster Representative, 6th District

Honorable Jesse Blackshear Representative, 106th District

Honorable Harry C. Geisinger Representative, 44th District

Honorable Julian Bond Representative, 32nd District

Honorable Guy Hill Representative, 41st District

Honorable Haskew H. Brantley, Jr. Representative, 22nd District

Honorable Dick Lane Representative, 40th District

Honorable Ben Brown Representative, 34th District

Honorable George K. Larsen Representative, 27th District

Honorable Betty J. Clark Representative, 55th District

Honorable Matthew W. Mulherin Representative, 81st District

Honorable Dekle Coney Representative, 89th District

Honorable Grover C. Patten Representative, 123rd District

Honorable Walt Davis Representative, 56th District

Honorable Walter B. Russell, Jr. Representative, 53rd District

Honorable Larry C. Walker, Jr. Representative, 100th District

December, 1974

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REPORT OP THE STATE PLANNING AND COMMUNITY AFFAIRS
COMMITTEE

INTRODUCTION
The interim studies conducted by the Standing Committee on State Planning and Community Affairs were conducted by six Subcommittees. Four of these Sub committees were charged with the dual responsibility of considering legislation which had been referred to the Full Committee and the investigation of problems which were subject-related to their area of responsibility. These four Subcom mittees were:
1. Land Use Planning
2. Regional Districts/A.P.D.C.'s
3. Community Development and Housing
4. Implementation of 1066 and Overview of State Departments

In addition to these four Subcommittees, members of the State Planning and Community Affairs Committee participated in two special Committees: the State and Regional Transportation Planning Committee and the Joint Taxation Com mittee. The State Planning and Community Affairs Committee, in conjunction with the House Highways Committee, designated four representatives each to serve as the Committee on State and Regional Transportation Planning. The Joint Taxation Committee is composed of four representatives each from the State Planning and Community Affairs, Ways and Means and Agriculture Committees. Although these two special Committees worked under the auspices of their respective ap pointing Committees, the reports of these Committees are not included as part of the report of the Full Committee but rather will be published as separate docu ments.

This report of the Full Committee consists of separate reports for each of the four Subcommittees. While the Subcommittees operated independently under their respective chairmen, the entire effort was conducted under the scope of the Full Committee.

In April, 1974, Staff initiated a systematic effort to develop study topics for the interim period. Various organizations and governir ntal agencies were con tacted and asked to submit possible study topics. Input was received from the Office of Planning and Budget, the Department of Community Development, the Department of Human Resources, the Department of Natural Resources, the Department of Transportation, the Georgia Municipal Association, the Georgia Association of A.P.D.C.'s and numerous other organizations and individuals. In addition, all of the Committee members, were surveyed for possible study topics.

Summaries of the organizational/agency suggestions and the reponses from Committee members were submitted to the Pull Committee at a meeting in May, 1974. At this meeting, the Chairman appointed the Subcommittees and the Pull Committee discussed and adopted the study topics for the 1974 interim.

In September, 1974, the Full Committee met and reviewed the progress of the individual Subcommittees.

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On December 18, the Full Committee met and carefully reviewed and evaluated the draft reports of each of the Subcommittees item by item. The attached report represents the results of that effort. The substance of each Subcommittee report was voted on and adopted by the Full Committee.

The Staff of the Full Committee worked closely with each of the Subcom mittees. Through the generous cooperation of Georgia State University and, in particular, the Urban Life Center, under the direction of Dean William Gable, staff services were provided for each Subcommittee.

The various Subcommittees conducted 24 meetings from June to November, 1974. These meetings were open to the public and representatives from a wide variety of organizations were frequently in attendance. Several of these meetings were conducted away from Atlanta so as to gain a firsthand insight into the problems confronting Georgians.

The Subcommittees were composed as follows:

1. Land Use Planning
Representatives Nathan G. Knight, Chmn. Representative Frank J. Bailey, Jr. Representative Haskew H. Brantley, Jr. Representative Ben Brown Representative Leon R. Floyd Representative Guy Hill Representative George K. Larsen Representative Matthew W. Mulherin Representative Larry Walker

2. Regional Districts/A.P.D.C.'s
Representative Howard Atherton, Chmn. Representative Jesse Blackshear Representative Haskew H. Brantley, Jr. Representative Robert H. (Bob) Farrar Representative Harry C. Geisinger Representative Larry Walker

3. Community Development and Housing
Representative Ben Brown, Chairman Representative W. M. (Bill) Alexander Representative Jesse Blackshear Representative Julian Bond Representative Betty J. Clark Representative Guy Hill Representative George K. Larsen

4. Implementation of 1066 and Overview of State Departments
Representative Gerald T. Horton, Chairman Representative W. M. (Bill) Alexander

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Representative Betty J. Clark Representative Dekle Coney Representative R. L. Foster Representative Dick Lane Representative George K. Larsen Representative Grover C. Patten Representative Walter B. Russell, Jr.
Staff Jay Ricketts, Administrative Assistant Mary Bond, Staff Assistant Dan Campagna, Georgia State University Julius Crouch, Georgia State University Carol Dalton, Georgia State University Brant Jones, Georgia State University Cathey Massey, Georgia State University Carol Vanderschaaf, Georgia State University
The recommendations of each Subcommittee, as set forth in the respective reports, are the recommendations of the Full Committee, having been adopted at the December 18 meeting of the Full Committee.
Respectfully submitted,
/s/ Elliott H. Levitas Representative, 50th District Chairman

COMMITTEE ON STATE PLANNING AND COMMUNITY AFFAIRS REPRESENTATIVE ELLIOTT H. LEVITAS, CHAIRMAN

FINAL SUBSCOMMITTEE REPORT

1. Name of Subcommittee: Land Use Planning
2. Chairman: Representative Nathan G. Knight
3. Subject Matter Studied: A. Vital Areas Legislation B. Codification of Planning and Zoning Law C. National Land Use Legislation D. Planned Unit Development Law E. Enabling Legislation for Developers' Performance Bonds
4. Meetings and Witnesses
The Land Use Planning Subcommittee conducted two open meetings and received testimony from individuals representing the Office of Planning and

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Budget, the Department of Community Development, the Department of Human Resources, the Association of County Commissioners of Georgia, the Georgia Municipal Association, the Georgia Association of Area Planning and Development Commissions and a large number of private citizens.
5. Vital Areas Legislation
Purpose: The Subcommittee was charged with the responsibility of studying the desirability of enacting "Vital Areas" type legislation.

Findings (Legislative Need) : In 1972, a Subcommittee of the State Planning and Community Affairs Committee concluded that certain geographical areas of Georgia were of ". . . critical State concern." These areas deserved such descrip tion by virtue ". . . of their environmental nature, developmental characteristics or potential impact on State-wide development. . . ."

In 1973, the Vital Areas Council evidenced a similar conclusion when it stated its desire to ". . . assure adequate planning and implementation of plans for vital areas. . . ."

In 1974, this Subcommittee similarly finds that: (1) certain problems are inter-jurisdictional in nature; (2) certain geographical areas benefit all of the people within Georgia; (3) the State has a responsibility to protect public invest ment so that local governments make decisions which are in the public interest; (4) the State has the knowledge and manpower to assist in the solution of certain land use problems; and (5) in a complex governmental system, land use decisions affect all levels of government and the State can play an importont intermediary role.

Findings (Development of Legislation) : The history of the development of the "Vital Areas Act of 1974" was as follows: After several months of study and public hearings (Summer, 1972), the Local Zoning and State Land-Use Policy Subcommittee of the House State Planning and Community Affairs Committee drafted the first "Vital Areas" bill (HB 467) which was introduced in the 1973 Session of the General Assembly. HB 467 was assigned to a Standing Committee of the House of Representatives, but was never reported out of that Committee and voted on by the whole House. While it was technically an active bill during the 1974 Session, HB 467 was not seriously considered in this last Session.

At the end of the 1973 Session (March, 1973), supporters of HB 467, attempt ing to keep alive the "vital areas" issue, succeeded in passing HB 1000 which established the Vital Areas Council composed of 15 citizen members appointed by the Governor and political leaders in the House and Senate.

After holding 20 hearings in various areas of the State, the Council made several recommendations, including one piece of drafted legislation--the "Vital Areas Act of 1974."

The bill was introduced with minor variations in both the Senate and House. The Senate version, SB 557, was introduced on January 25, 1974. The House version, HB 1677, was introduced on January 30, 1974.

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Supporters of both bills decided to push the Senate version first. SB 557 was tied up in the Senate Natural Resources Committee and was never reported out for a vote on the floor of the Senate.

Findings (The Vital Areas Act of 1974) : The Subcommittee finds that there are substantial differences between the 1974 and 1973 "Vital Areas" bills. The Subcommittee offers the following comparison:

ITEM Designated Vital Areas:
Coastal Zone

Vital Areas Council 1974 Vital Areas Bill

HB 467 1973 Vital Areas Bill

Land and water 2,000

Totality of Coastal

horizontal feet in

Counties

land from mean high tide.

Mountains

Proclamation Boundary of Chattahoochee Na tional Forest, plus the 12 mountain counties lying within the Southern High lands Study area.

1,500 foot contour line and above

Rivers

2,000 feet on either side of short stretches of 12 rivers, all in the mountain area, all of which form water supplies of cities downstream.

2,000 feet on either side of the entire length of 14 rivers. OPB given authority to designate others.

Lakes

The 14 major impoundments in the State, lands within 2,000 feet of the high water mark.

Lakes included as part of rivers as designated.

Heritage Trust Sites

Not included

All sites designated by Heritage Trust Study.

Major Highways and Interchanges

Not included

All land within 1,000 feet of right-of-way and interchanges of Interstate Highways, Major Parkways, and Tollways.

Airports

Primary and Secondary airports (26 in all), plus all military airports--all land in vicinity of the designated airports impacted by noise, having impact on flight safety. These areas defined by technical studies.

Atlanta Hartsfield (by definition) and all land within a 3-mile radius.

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Study Group developing the Bill Recommended State Land Use Agency
Designation of Vital Areas--How Accomplished Development of Standards and Guidelines for Use of Vital Areas -- How Accomplished Party responsible for Development of Vital Areas Plan
Time Period for Local Government to submit Vital Areas Plan to State
Assistance to Local Govern ment in Plan Preparation
Review of Local Plans
If local government fails to pro duce an acceptable plan . . .

Vital Areas Council, a 15-member citizens group
Vital Areas Com mission, composed of equal numbers of State officials, local government officials, and private citizens.
General Assembly, in the Bill.
General Assembly, in the Bill.

Legislative Committee
State Office of Planning and Budget, a staff agency re porting to the Governor.
General Assembly, in the Bill.
Office of Planning and Budget, with hearings afterwards.

Local government, in conformance with Criteria and Guidelines contained in the Bill, itself.
January 1, 1977 (2% years after effective date of Bill)
Area Planning and Development Com mission; State Vital Areas Com mission shall coordinate addi tional technical assistance.
Vital Areas Com mission only; NO APDC mandatory review role.
Vital Areas Com mission adopts plan, requires local government to enforce. NO direct State ad ministration at any time.

Local government in conformance with OPB Rules and Regulations.
One (1) Year from date local govern ment notified by OPB of guidelines for Vital Areas Plan.
Area Planning and Development Com mission.
OPB; Area Planning and Development Commission.
Office of Planning and Budget prepares, adopts, and enforces plan. Direct State administration of plan and regula tions.

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The Subcommittee finds that the 1974 bill places greater emphasis on local initiative and participation and is, therefore, a substantial improvement over the 1973 bill.

Recommendation: The Subcommittee intends to introduce SB 557 as the Vital Areas Act of 1975 and urges the General Assembly to enact this important piece of legislation.

6. Codification of Planning and Zoning Law
Purpose: The Subcommittee was charged with the responsibility of promoting the codification of Georgia Planning and Zoning Law.

Findings: In 1973, the Local Zoning Subcommittee of the State Planning and Community Affairs Committee recognized the need for an authoritative compilation of all Georgia law (constitutional, statute and case) on planning and zoning.

Based on this recognition, the 1974 Land Use Planning Subcommittee arranged with Dr. Tarver Rountree, Emory University Professor of Law, to undertake such a compilation. Dr. Rountree's work is scheduled to be completed prior to the begin ning of the 1975 Session and will include the following: (1) the collection of all State constitutional, statutory and case law materials, including, if any, relevant Federal statutes with impact on the subject; (2) the identification and description of all county and city planning and zoning in practice currently; (3) a study of the materials collected in (1) and (2), commenting on overlapping and inconsistencies; (4) a legislative draft consolidating the operative provisions; and (5) a compre hensive report setting forth the results of the study and the collected materials.

The entire results of Dr. Rountree's efforts will be published as a separate document and made available to the public.

Recommendation: The Subcommittee urges the members of the General As sembly to avail themselves of the results of Dr. Rountree's study as a means of more rationally evaluating proposals which would alter Georgia's planning and zoning law.

Depending on the results of Dr. Rountree's study, the Subcommittee may once again recommend legislation which would require all cities and counties to have planning commissions and for these commissions to adopt comprehensive land use plans. The legislation would not require zoning, but if zoning were practiced, it would have to be based on a comprehensive land use plan.

7. National Land Use Legislation
Purpose: The Subcommittee was assigned the responsibility of investigating the nature and point of progress of pending Federal land use legislation.

Findings: In June of 1973, the U.S. Senate passed SB 268 (National Land Use Planning Assistance Act). Its principal House counterpart, HR 10294, did not come up for a vote until June, 1974. Then, the House voted on whether or not to debate the bill. On a close vote, the House voted to postpone debate, in effect killing any land use legislation in 1974.

Both SB 268 and HR 10294 would have provided $100 million for eight years

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to assist the States in setting up comprehensive land use planning programs. In volvement in the program was voluntary and no sanctions were imposed on States that chose not to participate. The Federal government would have been involved in the issuance of grants and would have been prohibited from interfering with any management decision within a State.

Recommendation: Once again, the Subcommittee affirms the need for national leadership and financial assistance in the area of land use legislation. The Subcom mittee recommends that the State Office of Planning and Budget keep abreast of the various national land use proposals and take or recommend such action as would allow Georgia full participation.

8. Planned Unit Development Law
Purpose: The Subcommittee was charged with the responsibility of determining State law in regard to "planned unit developments" and the necessity of revision.
Findings: The Subcommittee found that the Urban Land Institute has defined a "planned unit development" as "a project, predominantly of housing, with the following elements: (1) dwelling units grouped into clusters, allowing an appre ciable amount of land for open space; (2) much or all of its housing in townhouses or apartments or both; (3) most economical and efficient use of land, making possible higher densities without overcrowding; and (4) where desired, part of the land is used for nonresidential purposes, such as shopping and employment centers."
The Subcommittee found that State law does not define nor specifically au thorize local governments to create "planned unit developments."
Recommendation: The Subcommittee feels that the "planned unit develop ment" concept is a desirable addition to traditional "lot by lot" zoning and, there fore, intends to propose legislation which would define and authorize the creation of "planned unit developments" by local governments.

9. Enabling Legislation for Developers' Performance Bonds
Purpose: The Subcommittee decided to study the effect of developers failing to complete certain large construction projects.
Findings: Due to the recent tight money market, several corporate developers in various parts of Georgia have been forced to abandon their partially completed projects because of their inability to successfully continue their financing. As a result, these abandoned projects have become significant eyesores and are the source of substantial erosion and sedimentation problems. The effect on the neighboring areas is a substantial lowering of property values.
The Subcommittee finds that local government is not afforded an effective means of solving this problem. Under existing law, cities' and counties' only remedy is a civil action against the owner of the property. In certain instances, the owner of the property is a corporation in bankruptcy. In this type of situation, a judgment may not provide the funds to correct the damages.

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Recommendation: The Subcommittee intends to recommend general legislation which would authorize any county or municipality to adopt a resolution or ordi nance that would require developers of tracts of a certain size to purchase per formance bonds payable to the city or county. Upon failure of the developer to complete the project, the proceeds would be paid to the city or county for the purpose of preventing or abating any water pollution, flooding, erosion or other damage to the environment.

COMMITTEE ON STATE PLANNING AND COMMUNITY AFFAIRS REPRESENTATIVE ELLIOTT H. LEVITAS, CHAIRMAN

FINAL SUBCOMMITTEE REPORT

1. Name of Subcommittee: Regional Districts/A.P.D.C.'s

2. Chairman: Representative Howard Atherton

3. Subject Matter Studied: A. Program and Funding Evaluation of the A.P.D.C.'s B. Defining A.P.D.C.'s C. A.P.D.C. Board Composition D. Minimum County Membership E. Statutory Prohibition of Conflict of Interest F. State Grant Accountability G. A.P.D.C. Participation in State Purchasing H. Amendment 19 I. Multi-Jurisdictional Cooperation and Contracting.

4. Meetings and Witnesses
The Regional Districts/A.P.D.C.'s Subcommittee conducted three open meet ings and received testimony from individuals representing the Office of Planning and Budget, the State Office of Housing, the Department of Community Develop ment, the Department of Human Resources, the Association of County Commis sioners of Georgia, the Georgia Municipal Association, the Georgia Association of Area Planning and Development Commissions and a large number of private citizens.

5. Program and Funding Evaluation of the A.P.D.C.'s
Purpose: The Subcommittee was charged with the responsibility of determin ing the extent to which the program operations and funding mechanisms of the A.P.D.C.'s were presently being evaluated and making recommendations as to possible State involvement in the area of A.P.D.C. evaluation.

Findings: An "operational audit" of the Area Planning and Development Commissions conducted by the Department of Audits (June, 1974) found that the

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seventeen (17) A.P.D.C.'s, other than the Atlanta Regional Commission, are not required to prepare or submit written objectives, guidelines or accomplishments other than the information appearing in the Area Biennial Development Programs. The report concluded that "Means should be developed for determining the effi ciency and effectiveness of the A.P.D.C.'s throughout the State."

This Subcommittee agrees with the above finding and conclusion and, therefore, is currently participating in an effort involving the Department of Community Development, the Area Planning and Development Commissions and the Institute of Community and Area Development -- University of Georgia. The purpose of this effort is to design a methodology for evaluation of the A.P.D.C.'s.

Recommendations: The Subcommittee commends the A.P.D.C.'s on taking the initiative on the issue of evaluation. However, the Subcommittee urges that the present timetable for completion of the study (July, 1975) be speeded up and that consideration of the important questions regarding evaluation (Who will do it? When will it be done?) be given prompt and careful consideration.

6. Defining A.P.D.C.'s
Purpose: The Subcommittee was charged with the responsibility of determin ing whether the role of A.P.D.C.'s in relation to State and local governments was sufficiently clarified in statute law.
Findings: In 1973, the Regional Planning and A.P.D.C.'s Subcommittee of the State Planning and Community Affairs Committee concluded that there was a need to statutorily clarify the role of the A.P.D.C.'s and recommended legislation to that end (HB 747).
In June, 1974, an operational audit of the A.P.D.C.'s, conducted by the Depart ment of Audits, concluded that "Measures should be taken to clarify the role of A.P.D.C.'s in relation to State and local governments . . . . "
Recommendations: This Subcommittee agrees with both conclusions and intends to, once again, recommend legislation which would statutorily clarify the role of the A.P.D.C.'s.

7. A.P.D.C. Board Composition
Purpose: The Subcommittee was charged with the responsibility of determining whether there was a need to modify existing law with regard to the composition of A.P.D.C. Boards.

Findings: In 1973, the Regional Planning and A.P.D.C.'s Subcommittee of the State Planning and Community Affairs Committee found that in order for the localities' political leadership to be directly involved in the functioning of the A.P.D.C.'s and as a means of solving the problem created by conflicting Federal program requirements, it was necessary to recommend legislation which mandated that there be a minimum of no less than a majority of elected officials serving as A.P.D.C. Board members.

Recommendations: This Subcommittee finds that the legislative need has not substantially changed and, therefore, intends to, once again, make the same legisla tive recommendation.

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8. Minimum County Membership
Purpose: The Subcommittee was charged with the responsibility of determin ing the need to statutorily designate a minimum number of counties which can constitute an Area Planning and Development Commission.

Findings: The Subcommittee finds that local, State and Federal governments constantly rely on the Area Planning and Development Commissions to provide a comprehensive, regional viewpoint on a variety of key issues. This Subcommittee believes that an A.P.D.C. would not be able to provide this viewpoint if it were composed of less than five counties.

State law does not contain a minimum county provision. While there are no A.P.D.C.'s presently composed of less than five counties, the possibility exists that an attempt might be made to constitute an A.P.D.C. of less than five counties.

Recommendations: This Subcommittee believes that the success of such an attempt would destroy an important aspect of the A.P.D.C. concept and, there fore, intends to recommend legislation which would satutorily specify that no fewer than five counties could constitute an Area Planning and Development Com mission.

9. Statutory Prohibition of Conflict of Interest
Purpose: The Subcommittee decided to determine whether there was a need to statutorily prohibit A.P.D.C. officials from participating in certain types of conflict of interest relationships.

Findings: The Subcommittee finds that statute law does not specifically prohibit a member of an A.P.D.C., or an employee of any such Commission, or any member of the immediate family of such member or employee to realize financial gain or profit as a result of or pursuant to any contract (except as it relates to normal fringe benefits accruing to all employees of such Commissions).

Recommendations: The Subcommittee believes that the existence of a statutory prohibition is in the public interest and, therefore, intends to recommend such legislation to the 1975 General Assembly.

10. State Grant Accountability
Purpose: The Subcommittee decided to investigate the management of the State grant to the A.P.D.C.'s and determine whether reasonable standards of accountability are now in effect.

Findings: Funding for A.P.D.C. activities is obtained from local, State and Federal sources. Local funds consist primarily of contributions provided by the local governments which choose to participate in the A.P.D.C.'s, and each A.P.D.C. establishes a per capita rate which is used as the basis for these contributions. The local governments determine whether the funds will come to the A.P.D.C.'s from the municipalities individually, from the county governments, or from both. In addition, some A.P.D.C.'s ask for additional assessments from communities to match Federal funds for special projects in their areas.

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The Primary source of State funds is through a State appropriated grant administered by the Department of Community Development. The current maximum is $65,000 per A.P.D.C., of which $50,000 are matching funds and $15,000 are nonmatching funds. The formula for matching funds is two to one State to local funds for up to $30,000 in State grant money and one to one for $20,000 in ad ditional funds, so that the A.P.D.C. must receive at least $35,000 in local funds in order to receive the full State grant.

In order to verify the receipt of local funds, the A.P.D.C.'s are required to submit itemized statements of anticipated local funds at the beginning of the fiscal year and actual funds received at the end of the fiscal year. Prior to a recent opinion of the Attorney General, the Department of Community Development had assumed responsibility for requiring and receiving a financial audit (by an independent Certified Public Accountant) of how each A.P.D.C. spent its State grant.

In an opinion dated May 28, 1974, the Attorney General declared that the Department of Community Development had no responsibility with regard to the administration of the State grants to A.P.D.C.'s other than insuring that local matching requirements are met.

The Subcommittee finds the present situation in which no agency of State government is responsible for the manner in which the A.P.D.C.'s expend their State grants to be one that invites abuse. The public interest requires that some agency be designated as accountable for the manner in which these funds are spent.

Recommendations: The Subcommittee intends to recommend legislation which would establish a uniform standard for financial audits of the State grants and designate the Department of Community Development as the agency responsible for receiving them.

11. A.P.D.C. Participation in State Purchasing
Purpose: The Subcommittee decided to study the need for the Area Planning and Development Commissions to be allowed to participate in State purchasing.
Findings: Statute law does not authorize A.P.D.C.'s to participate in State purchasing of equipment and supplies. The Department of Administrative Services serves as the central purchasing agent for the majority of State-level activities and, because of mass buying power and other economies of scale, is able to save the State several million dollars a year. The Subcommittee believes that the additional administrative burden which would be placed on D.O.A.S. would be more than offset by the tremendous savings to the A.P.D.C.'s.
Recommendations: The Subcommittee intends to recommend legislation which would statutorily authorize the A.P.D.C.'s to participate in the central purchasing system operated by the Department of Administrative Services.

12. Amendment 19
Purpose: The Subcommittee was charged with the responsibility for determin ing the original intention, actual legal effect, level of use and local officials' per ception of Amendment 19 (1972).

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Findings: According to the legislative authors of Amendment 19, the original intention was to create an efficient legal device which would allow functional consolidation across jurisdictional lines and provide a method of apportioning the cost of providing the new service (creation of a tax district).

The actual legal effect of Amendment 19 is difficult to assess. Committee staff conducted a survey of county and city attorneys and found a high degree of un certainty as to the authority which was granted by the Amendment. In several instances, individuals expressed a belief that the Amendment was unconstitutional. These individuals based their belief on a feeling that the advertisement of the Amendment on the ballot failed to adequately describe the probable legal effect and that a mortal inconsistency exists between a statement in the Amendment (" . . . no existing local or special laws or provision of this Constitution is intended to be hereby repealed.") and the fact that the Amendment impliedly repealed the prior procedure for creating special tax districts.

Several local attorneys also expressed the belief that the effect of Amendment 19 goes much beyond the original legislative intention, particularly with regard to the General Assembly's authority to enact certain types of planning and zoning legislation. These individuals theorized that Amendment 19 may give to municipali ties the same self-executing grant of authority with regard to planning and zoning activities that the 1966 Home Rule Amendment gave to counties.

The Subcommittee is unaware of any instance in which a county or municipal ity has based a resolution or ordinance on Amendment 19. Neither is the Subcom mittee aware of a pending court case in which any aspect of Amendment 19 is in question.

Recommendations: The Subcommittee believes that the principal explanation for the failure of local officials to use Amendment 19 is a concern on their part as to the constitutionality of the Amendment. The Subcommittee considered, but rejected, the idea of "enabling legislation" which would spell out the legislative in tention with regard to Amendment 19. The idea was rejected because such legisla tion would have no actual bearing on the legal effect of the Amendment and would probably only serve to confuse potential users. The Subcommittee believes that a more reasonable course of action would be the creation of a special legislative com mittee with a mandate to study Amendment 19 and make recommendations back to the General Assembly that might include repeal and replacement of the existing Amendment.

Representative Levitas cast a negative vote on this recommendation.

13. Multi-Jurisdictional Cooperation and Contracting
Purpose: The Subcommittee was charged with the responsibility of determin ing whether existing law was sufficient to enable and encourage multi-jurisdictional cooperative relationships.

Findings: The Subcommittee finds that Amendment 19 probably affords Georgia's localities the legal basis for enjoying the large scale economies that result from multi-jurisdictional cooperative efforts.

In 1973, the Regional Planning and A.P.D.C.'s Subcommittee of the State

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Planning and Community Affairs Committee identified the necessity of profes sional staff to implement these cooperative efforts. That Subcommittee found that
staff, when structured as a single-purpose commission, board or authority, fre quently fails to represent the intended interest. In fact, experience indicates that such staff structures represent neither regional nor local interests, but are primarily representative of themselves.

Recommendations: This Subcommittee, once again, affirms the belief that multi-jurisdictional cooperation can best be implemented under the aegis of the A.P.D.C.'s. The Subcommittee intends to recommend legislation which would grant to an A.P.D.C. the authority to provide managing staff services to a co operative effort when the local governments participating in the cooperative effort request such assistance.

COMMITTEE ON STATE PLANNING AND COMMUNITY AFFAIRS REPRESENTATIVE ELLIOTT H. LEVITAS, CHAIRMAN

FINAL SUBCOMMITTEE REPORT

1. Name of Subcommittee: Community Development and Housing

2. Chairman: Representative Ben Brown

3. Subject Matter Studied: A. Role of the Georgia Residential Finance Agency B. Implementation of Factory-Built Housing Law C. Urban Homesteading D. Federal Housing Policy E. Coordination of State Housing Activity F. New Community Legislation G. Real Estate Commission

4. Meetings and Witnesses

The Community Development and Housing Subcommittee conducted three open meetings and received testimony from individuals representing the Office of
Planning and Budget, the State Office of Housing, the Department of Community Development, The Department of Human Resources, the Association of County Commissioners of Georgia, the Georgia Municipal Association, the Georgia Asso ciation of Area Planning and Development Commissions and a large number of
private citizens.

5. Role of the Georgia Residential Finance Agency
Purpose: The Subcommittee was charged with the responsibility of pro viding the General Assembly with information regarding the newly created Georgia Residential Finance Agency so as to allow the General Assembly the opportunity to assist and shape the development of the role of this new agency.

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Findings: H.B. 709 (1973), creating the Georgia Residential Finance Agen cy, was the result of several years of hard work by members of the State Planning and Community Affairs Committee.

In September, 1974, the Board of the Georgia Residential Finance Agency (G.R.F.A.) hired Mr. Keith Waldrop as the Executive Director. Mr. Waldrop's first task has been to assemble a package of program alternatives. Currently, the Board is considering two basic programs:

(1) Loans-to-Mortgage Lenders and (2) a Direct Loan Program. Under the first program, G.R.F.A. would issue tax-exempt bonds and then loan the proceeds of the bond issue to participating lending institutions around the State (princi pally savings and loan institutions). The Direct Loan Program would consist of G.R.F.A. providing commitments to builders/developers to provide low interest mortgage financing for homes which conform to the Agency's specifications and which are purchased by qualified families.

In addition to deciding on a program, the Board must also select bond counsel and begin the lengthy bond validation process. Only when this process is com plete (generally a minimum of six months) will the G.R.F.A. be able to market its bonds and begin actual operation.

Assuming a $50 million bond issue, the G.R.F.A. presently anticipates a need for an initial appropriation of $315,000 to cover projected operations from April 1, 1975 to June 30, 1976. In addition, the fiscal stability of the G.R.F.A. would be strengthened were the required reserve fund to be appropriated by the General Assembly rather than taken out of the proceeds of the G.R.F.A.'s bond issues. Assuming a $50 million bond issue, the reserve fund requirement would be ap proximately $5 million. This money would not actually be spent, but would, in fact, produce revenue for the State.

Recommendation: The Subcommittee is unaware of any specific legislative needs for the G.R.F.A. (other than its appropriation need), but should any arise, the Subcommittee will carefully consider each and make a timely recommendation.

The Subcommittee urges the G.R.F.A. to maintain a close liaison with the General Assembly by providing timely information relating to its operations and plans. In turn, the Subcommittee urges the General Assembly to be aware of the operations/needs of the G.R.F.A. and its tremendous potential to assist Georgians
in satisfying a basic need.

6. Implementation of Factory-Built Housing Law.
Purpose: The Subcommittee was charged with the responsibility of assuring the implementation of the factory-built housing law.

Findings: The State Building Administrative Board is charged by statute with the responsibility of developing and promulgating a factory-built housing certification system. Once the system is in place and a unit has been properly certified, that unit can be placed in any local jurisdiction.

The Subcommittee finds that a Georgia factory-built housing industry would provide considerable assistance in solving Georgia's housing needs. Further, the

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Subcommittee finds that the existence of a substantial Georgia factory-built housing industry is dependent upon the implemenation of the certification system. Therefore, the Subcommittee has worked closely with the S.B.A.B. and its staff to assure that its budget request for PY 1976 represents a reasonable projection of the manpower/operational costs sufficient to implement this important function.
Recommendation: The Subcommittee urges the General Assembly to care fully evaluate the appropriation request of the State Building Administration Board.
7. Urban Homesteading
Purpose: The Subcommittee was charged with the responsibility of identi fying any legal/financial problems which might prevent Georgia's municipalities from implementing successful programs.

Findings: Urban homesteading is a modern adaptation of an old concept whereby the government provides free land to individuals who agree to certain stipulations. Georgia, in 1774, provided nearly 2 million acres to individuals who were willing to grow rice and indigo.
In the modern adaptation of this concept, a city or its housing agency acquires title to housing through tax default, abandonment, gifts and other legal processes. The property is then transferred to qualified individuals who agree to improve the home to meet city housing codes or other standards and reside in that home for a set period of years.
Committee staff, in a report titled Urban Homesteading, dated March 26, 1974, examined the general concept, its application in several American cities and its implications for Georgia. The report concluded that the successful imple mentation of the concept in Georgia depended upon the resolution of substantial legal and financial problems.

The legal problems are the result of Georgia's municipalities and/or housing authorities being without specific legal authority to transfer property in the manner typically required by most urban homesteading programs. The financial problems are associated with the fact that without some form of subsidy, only those who can afford conventional rehabilitation loans (middle class individuals and above) will be able to participate.

Recommendation: The Georgia Residential Finance Agency might, when fully operational, be a source of financial assistance to urban homesteaders seeking rehabilitation loans. The Subcommittee urges the Office of Planning and Budget to explore this possibility. In addition, the Subcommittee urges the Office of Planning and Budget to lead a systematic attack on the numerous legal ques tions and to coordinate affected agencies (H.U.D., G.R.F.A. and the State Office of Housing).

The Subcommittee intends to propose legislation which would authorize Georgia's cities and counties to implement urban homesteading programs.

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8. Federal Housing Policy
Purpose: The Subcommittee was charged with the responsibility of moni toring Federal housing policy and encouraging Georgia to be in proper adminis trative/legal posture to take full advantage of whatever assistance becomes available.
Findings: On August 22, 1974, the President signed the Housing and Com munity Development Act of 1974.

The regulations implementing this legislation have not yet been drafted. How ever, the bill authorizes the expenditure by the Department of Housing and Urban Development of nearly $11.3 billion for "community development" and "housing assistance" type activities. The majority of the funds are directed toward com munity development.

The most significant feature of the new Act is its consolidation of seven categorical urban development programs into a single "block grant".

The Subcommittee has identified and attempted to acquaint those individuals at the State level who are presently involved in planning activities related to the Community Development and Housing Act of 1974. The Subcommittee is anxious that all of the potential applicants for assistance under this Act coordinate their efforts.
Recommendation: The Subcommittee urges the Office of Planning and Budget to take or recommend such action as would eliminate any administrative/ legal obstacles to full participation in the assistance offered by this Act. If legislation is needed, the Subcommittee urges the General Assembly to promptly consider such requests.

9. Coordination of State Housing Activity
Purpose: The Subcommittee was charged with the responsibility of de termining whether the various State-level housing activities were being effectively coordinated.

Findings: The State Office of Housing is charged by Executive Order with the task of coordinating State housing activities. The State Office of Housing is a structure within the Department of Human Resources.

The Subcommittee believes that the absence of general legislation establishing the State Office of Housing and providing it with a general mandate does not adequately emphasize the importance which the General Assembly should attach
to the housing crisis in Georgia.

Recommendation: The Subcommittee intends to propose legislation which would statutorily establish the State Office of Housing and provide it with a
general mandate.

10. New Community Legislation
Purpose: The Subcommittee was charged with the responsibility of moni toring the implementation of the Planned Growth and Development Act of 1974.

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Findings: The Planned Growth Act charges the Office of Planning and Budget with two general functions: (1)implementing a program of develop mental assistance for planned communities and (2) developing a planned growth policy for Georgia.

Thus far, the majority of O.P.B.'s apparent effort has been expended in the direction of developing the growth policy. Four members of the "planned growth team" have been hired.

The Governor's FY 1976 budget request reportedly includes "continuation level" funding for activities related to the Planned Growth Act. Therefore, it would appear that O.P.B. has no current plans to implement the program of developmental assistance to planned communities.
Recommendation: The Subcommittee urges the Office of Planning and Budget to acknowledge the intent of the General Assembly with regard to the Planned Growth Act. Specifically, the Office of Planning and Budget should develop and present to the General Assembly a budget request based on detailed work programs for implementing both functions.

11. Real Estate Commission
Purpose: The Subcommittee received reports of the Georgia Real Estate Commission allegedly failing to adequately investigate instances of "unfair housing" practices by certain licensed real estate brokers. The Subcommittee decided to investigate these complaints to determine the existence of a problem (s) for which administrative/legislative solutions might be designed.

Subcommittee staff conducted considerable research into statute law and regulations regarding the required functions of the Real Estate Commission. Staff also analyzed numerous documents and conducted several personal inter views with the aim of objectively understanding the nature of the Real Estate Commission's operations.

On September 23, 1974, the Subcommittee conducted a public hearing with the Real Estate Commission. Citizen participants in the hearing included repre sentatives of the Flat Shoals Alliance, St. Peter and Paul Church, Atlanta Open Housing, the Atlanta Regional Commission and the Atlanta Community Relations
Commission.

As a result of the staff research and the public hearing, the Subcommittee finds the following aspects of the current operations of the Real Estate Commis sion to be problems in need of prompt solutions:
(1) Problem: "Racial steering" by real estate brokers. Solution: Disciplinary action by the Real Estate Commission. Means: Administrative action or legislation.
(2) Problem: Lack of understanding concerning complaint procedure. Solution: Positive publicity activity by the Real Estate Commission. Means: Administrative action or legislation.
(3) Problem: Expensive and burdensome nature of certified complaint letter.

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Solution: Elimination or modification of requirement. Means: Administrative action or legislation.

(4) Problem: Refusal of realtors to accept certified letters. Solution: The Georgia Real Estate Commission should provide for this contingency. Means: Administrative action or legislation.

(5) Problem: Statute law does not define housing discrimination. Solution: Legislation.

(6) Problem: A citizen has no legal recourse if dissatisfied with action of the Real Estate Commission. Citizens should have the same recourse to the courts that is enjoyed by agents and brokers.
Solution: Legislation.

(7) Problem: Certain individuals dealing with real estate transfers

(builders, renters) are outside the jurisdiction of the Real

Estate Commission.



Solution: Legislation.

(8) Problem: No non-real estate industry individuals on the Real Estate Commission.
Solution: Legislation changing Commission composition to provide for "public" members.

(9) Problem: Investigations conducted by the Real Estate Commission are not conducted in a systematic fashion.
Solution: Administrative action or legislation.

(10) Problem: Inability of General Assembly to analyze operations of the Real Estate Commission.

a. Solution: Means:

Annual Report--the General Assembly might further define the contents of the required Annual Report so as to encour age the Real Estate Commission to expand the dimensions and usefulness of this document. Administrative action or legislation.

b. Solution: Means:

Operational Audit--The General Assembly might consider the possibility of enacting a statutory requirement for an annual operational audit of the Real Estate Commission. This would provide the General Assembly with an objective annual description of the activities of the Real Estate Com mission. Legislation

c. Solution: "Line-Item" Budget--The General Assembly might consider separating the appropriation for the Real Estate Commission out from Occupational Certification/Secretary of State. This would allow the General Assembly to specify precisely the amount of the appropriation for the Real Estate Commission and would require the State Auditor to conduct an annual financial audit of all funds expended by the Real Estate
Commission. Means: Legislation.

It is the belief of the Subcommittee that the legal authority and/or resources for implementing the majority of the above solutions already exist, either with

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the Secretary of State or the Real Estate Commission, and the necessity for this Subcommittee to recommend statutory solutions is brought about by attitudes within these two structures which apparently reflect a real estate industry con ception of the role of the Real Estate Commission in protecting the rights of the real estate consumer.

Recommendation: The Subcommittee intends to develop specific proposals based on the "solutions" posed above and present them at the 1975 Session.

COMMITTEE ON STATE PLANNING AND COMMUNITY AFFAIRS REPRESENTATIVE ELLIOTT H. LEVITAS, CHAIRMAN

FINAL SUBCOMMITTEE REPORT

1. Name of Subcommittee: Implementation of 1066 and Overview of State Departments

2. Chairman: Representative Gerald T. Horton

3. Subject Matter Studied:
A. Program Planning and Budgeting Responsibilities of Selected De partments
B. Comprehensive Planning Responsibility of the Department of Com munity Development
C. Comprehensive Planning and Budgeting Responsibilities of the Office of Planning and Budget.
D. Current Comprehensive Planning Activities of the Department of Community Development
E. Current Comprehensive Planning and Budgeting Activities of the Office of Planning and Budget
F. State Policy Board

4. Meetings and Witnesses

The 1066 and Overview of State Departments Subcommittee began its interim studies by asking, in writing, the Director of the Office of Planning and Budget, the Commissioner of the Department of Human Resources, the Commissioner of the Department of Community Development, the Commissioner of the Department of Transportation and the Commissioner of the Department of Natural Resources to respond to a series of questions regarding their perceptions and actual implementa tion of statutory planning responsibilities.

The results of the survey were distributed to Subcommittee members for their study and consideration. The Subcommittee then conducted a full day public hearing with the five department heads to follow up on their survey responses.

The Subcommittee decided that the first public hearing did not provide

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adequate time for the Departments of Transportation and Community Develop ment. Therefore, the Subcommittee conducted a second full day follow-up with these two departments.
In addition to receiving testimony and information from many individuals in the several State departments, the Subcommittee also benefited from numerous contacts with private individuals.
5. Program Planning and Budgeting Responsibilities of Departments
Purpose: The Subcommittee was charged with the responsibility of identi fying the statutory planning and budgeting responsibilities of the Office of Plan ning and Budget, the Departments of Community Development, Human Resources, Natural Resources and Transportation.
Findings: The Subcommittee was impressed with the tremendous variation in planning responsibilities of the five agencies. The heavy involvement of each of these agencies in Federal programs obligates them to considerable, complex planning activities.
It was not possible for the Subcommittee to go through the long list of Federal and State planning responsibilities and assess levels of implementation. The Sub committee was primarily interested in Georgia statutory planning responsibilities and, in particular, those capable of being characterized as comprehensive planning responsibilities. Comprehensive planning responsibilities can be distinguished, from program planning responsibilities in that the former focuses on planning within a functional area (such as housing) and the latter focuses on particular programs. Comprehensive planning is capable of calling into question the very existence of a particular program, while program planning obviously assumes the existence of a particular program as the starting point of its activities.
While each of the agencies have planning responsibilities which can be con strued as "comprehensive" planning responsibilities, those of the Office of Plan ning and Budget and Department of Community Development are clearly compre hensive and are, therefore, of principal concern to the Subcommittee.

6. Comprehensive Planning Responsibilities of the Department of Community Development
Purpose: The Subcommittee was charged with the responsibility of identify ing the comprehensive planning responsibilities of the Department of Community Development.

Findings: The Department of Community Development has two comprehen sive planning functions: (1) coordinate State-wide community affairs programs and responsibilities and prepare a means for implementing needed and desirable community affairs programs, and (2) study State housing needs and resources; and present recommended courses of action by State government.

7. Comprehensive Planning and Budgeting Responsibilities of the Office of Planning and Budget
Purpose: The Subcommittee was charged with the responsibility of identi fying the comprehensive planning and budgeting responsibilities of the Office of Planning and Budget:

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Findings: The Office of Planning and Budget has the following compre hensive planning and budgeting responsibilities: (1) develop financial policies and plans as the basis for budget recommendations; (2) develop long-term capital improvements budget for consideration by the General Assembly; (3) analyze financial and administrative aspects of proposed legislation; (4) review quarterly work program submitted by budget units; (5) approval of object class transfers; (6) review and consider long-range State agency proposals, goals and directions, and establish goals and policies; (7) provide for preparation of a State Biennial Development Program (BDP) ; (8) review on a continuous basis the programs and policies of State and area agencies to determine their consistency with the BDP; (9) provide technical assistance in the development of planning programs to State departments, agencies, local governments and other public bodies; (10) be the principal agency for coordinating planning and programming, statistical coordination, Federal A-95 review; and (11) serve in liaison capacity with Fed eral, State and local governments.

8. Current Comprehensive Planning Activities of the Department of Com munity Development ,
Purpose: The Subcommittee was charged with the responsibility of identi fying the current comprehensive planning activities of the Department of Com munity Development.

Findings: In response to the Subcommittee's questionnaire, the Commissioner of the Department of Community Development responded, "The Department does not have a planning unit, as such, in its organizational structure. Internal plan ning activities are undertaken by the Commission's Office and the Division Directors of each Division."

The Subcommittee believes that the Department of Community Development may not be performing all of the planning functions intended by statute law. It is the Subcommittee's belief that the two comprehensive planning functions cited above are mandatory for the Department of Community Development. How ever, the Commissioner of the Department of Community Development, in re sponse to the Subcommittee's questionnaire, referred to the "Permissive . . ." legislation and stated that "There are no legal requirements placed upon the Department to prepare planning documents to justify its programs and expendi tures."
Recommendations: The Subcommittee urges the Office of Planning and Budget to take the lead in resolving any misunderstanding about the statutory planning responsibilities of the Department of Community Development. The Subcommittee believes that these two comprehensive planning functions should be performed by the Department of Community Development. If it develops that these functions are not mandatory, then the Subcommittee urges the enactment of legislation making them mandatory.

The Subcommittee also urges the Department of Community Development to evaluate whether its present contract with the State Office of Housing completely implements its statutory responsibility to study State housing needs and present recommended courses of action by State government.

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7. Current Comprehensive Planning and Budgeting Activities of the Office of Planning and Budget
Purpose: The Subcommittee was charged with the responsibility of identi fying the current comprehensive planning and budgeting activities of the Office of Planning and Budget:

Findings: (development policy planning) : As a result of Reorganization, the responsibility for comprehensive functional planning was assigned to the individual departments, while the Office of Planning and Budget was left with the responsibility for development policy planning. O.P.B. distinguishes these categories of planning by offering that development policy planning identifies what needs to be done and comprehensive functional planning identifies ad selects among alternative means of accomplishment.

The Development Policy Plan, Executive Summary, dated January, 1974, is a document offered by the Office of Planning and Budget as a statement of policies which are currently governing executive decisions. The Subcommittee finds the statements of policies contained therein to be too general and, as such, incapable of providing much insight into executive direction.

Findings (departmental coordination) : While the principal planning function of the Office of Planning and Budget is development policy planning, it also has the statutory responsibility "to assure the consistency, compatability, and coordi nation of State planning and programming between and among all State Depart ments." During the Subcommittee's public hearings, several Commissioners ex pressed the desire to have some structure of State government serve a mediating and coordinating function in areas where departmental services overlapped. The Subcommittee believes that this function is best performed by the Office of Planning and Budget. If the Office of Planning and Budget feels that it does not have sufficient authority or resources to adequately perform this function, then it should develop recommendations to be presented ,to the General Assembly.

Findings (Biennial Development Plan) : In the Office of Planning and Budget's response to the Subcommittee's questionnaire, a recommendation was made to change the statutory requirement for a biennial development program for the A.P.D.C.'s to an annual development program. The Subcommittee agrees, but also believes that the same change should be made with regard to the statutory requirement for the Office of Planning and Budget to prepare the "State Biennial
Development Program."

Recommendation: The Subcommittee intends to propose legislation which would make both changes.
Findings (integration of planning and budgeting) : In the process of the Subcommittee conducting its studies, little evidence was noted of a significant relationship between the planning activities and the budgeting activities of the Office of Planning and Budget. In order that the Executive Budget be a fiscal representation of detailed future works programs for the many activities of State government, then these two functions must be integrated.
Recommendation: The Subcommittee urges the Office of Planning and Budget to study this problem and to develop recommendations for additional authority/funds to present to the General Assembly.

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Findings (evaluation of State activities) : The Subcommittee finds that the Department of Audits, through its program of operational audits, is the only structure of State government significantly involved in the process of program evaluation. The Subcommittee believes that the Office of Planning and Budget has responsibilities in this area as well.

Recommendation: The Subcommitteee urges the Office of Planning and Budget to examine its current evaluation activities and present plans for their expansion to the General Assembly.

Findings (zero-based budgeting) : Zero-based budgeting is a budgeting con cept in which all proposed and existing programs have equal probability of being funded. All activities must be justified from the "bottom up" on an annual basis with no activities' continuation assumed.

The Subcommittee has heard frequent claims that Georgia practices zerobased budgeting. The 'Subcommittee finds little evidence of the application of this concept, but does suggest that this would be an admirable budgeting model.

Recommendation: The Subcommittee urges the Office of Planning and Budget to study the concept of zero-based budgeting and to develop plans for fully implementing this concept in Georgia.

10. State Policy Board
Purpose: The Subcommittee was charged with the responsibility of studying the concept of a "State policy board" and its applicability to Georgia.
Findings: Since 1943, there have been at least eight substantial modifica tions to the State comprehensive planning process. The Subcommittee is unable to identify the logic by which this process has evolved. However, the Subcommittee does believe that the State Planning and Community Affairs Policy Board (a structure which was created in 1970 and existed until Reorganization) repre sented a unique attempt to solve one of the basic dilemmas of planning--im plementation of the plans. The Board consisted of the Governor and five of his appointees, the Chairmen of the House and Senate Appropriations Committees, the Chairman of the Community Affairs Committee, one member appointed by the State Advisory Committee on Area Planning and Development and the head of the Bureau of State Planning and Community Affairs.
The Subcommittee finds the most important aspect of this board to be that it represented an attempt to bring together key legislative/executive decisionmakers in a single structure and have them provide guidance to the State planning process. The Subcommittee does not believe that the short duration of this board provided an adequate test of the usefulness of the concept embodied by this board.
Recommendations: The Subcommittee intends to pursue the study of the con cept of a "State policy board" and its applicability to Georgia. Because of the complexity and importance of the State planning process, the Subcommittee may propose legislation which would establish a committee/commission for the purpose of detailed studies and recommendations.

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The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS

REPORT OF THE STATE PORTS SUBCOMMITTEE
OF THE STATE INSTITUTIONS & PROPERTY COMMITTEE

THE SUBCOMMITTEE

Honorable Ottis Sweat, Jr. Representative, 125th District Chairman

Honorable Tom Turner Representative, 3rd District Vice Chairman

Honorable Earl T. Davis Representative, 85th District Secretary

Honorable Morris W. Ellis Representative, 107th District

Honorable Glenn S. Phillips Representative, 73'rd District

Honorable Paul E. Nessmith, Sr. Representative, 76th District

Honorable Robert T. Willis Representative, 119th District

December 1974

HOUSE STATE INSTITUTIONS & PROPERTY -- STATE PORTS SUBCOMMITTEE REPORT

Ottis Sweat, Jr., Chairman Earl T. Davis, Secretary

Paul E. Nessmith, Sr. Robert T. Willis

The House Ports Subcommittee, members of the Georgia Ports Authority and staff of the Georgia Ports visited the port facilities in Mobile, Alabama and New Orleans, Louisiana. The committee made on-site inspections of both ports and held conferences with the ports personnel in both Mobile, which included R. M. Hope, Operation Manager, and other staff members of the Alabama State Dock Department, and New Orleans, which included Edward S. Reed, Executive Port Director and General Manager.

The committee was courteously received at both ports and they were most cooperative in sharing information and participating in constructive discussions of mutual interest. The committee in turn invited the ports' personnel to visit the State of Georgia and its port facilities so that we might reciprocate in their willingness to discuss openly and frankly all items that might be of mutual bene fit and for the betterment of our operations.

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MOBILE

WHARVES AND WAREHOUSES In Mobile the committee noted with interest the wharves and warehouses department, which has the responsibility for activity at the port's 28 general cargo piers. The majority of the docks' employees are involved in the operation of this department.

The Alabama State Docks maintains approximately 2 1/2 million square feet of covered storage space for handling import and export cargo. These transit sheds and warehouses are conveniently located adjacent to ship berths and are pro tected against pilferage by the docks' security force and against fire by modern sprinkler systems. The department's computer system is used to maintain ac curate inventories of all items on hand.

Much of the forecasted increase in general cargo activity is related to the continued growth of container and LASH/SEABEE traffic at the port. In the container method of handling cargo, a truck type van body is lifted from a chassis and placed on board a ship as one unit. At the end of its sea journey, the box is placed on a similar set of wheels and driven away from the seaport to its destination. In the LASH and SEABEE type of service, small barges are loaded at deep water ports such as Mobile or at any of the 14 inland docks scattered throughout the state of Alabama, then returned to the deep water port and lifted on board an ocean-going vessel. By utilizing this method, handling is reduced arid the shipper gains in speed and efficiency throughout the entire move from plant to customer.

COLD STORAGE PLANT One of the docks' smaller facilities, is vital to the shippers who depend on it for public cold storage operations. The plant has almost one-half million feet of cold storage space just 500 feet from the waiting ship. The plant at Mobile is the only public blast freezing facility on the Gulf Coast. As has been the case in the past few years, this plant's major activity dealt with the domestic cold storage business. Import and export activities did not contribute measurably to its earnings this year.

The Cold Storage Plant provides 455,509 cubic feet of storage for frozen and perishable foods without danger of thawing or spoilage. Everything is handled immediately at shipside with no crosstown drayage or delay. The cold storage plant, standing five stories tall, is within 200 feet of a deep water ship berth 500 feet long.

A four-car rail siding and a truck dock capable of handling eight trucks at a time serve the plant.

TERMINAL RAILWAY The railway provides all railroad services at the Alabama State Docks. This short line railway which is owned by the docks, em ploys 170 persons who provide service 24 hours a day, seven days a week. These employees operate 11 locomotives over 75 miles of track. During the fiscal year just ended, the Terminal Railway handled 118,778 railroad cars. The railway serves some 26 adjacent industries and is the interchange for the four railroads serving the port area: the Louisville & Nashville, Southern Railway, St. LouisSan Francisco and Illinois Central Gulf Railroad.

A joint interchange yard is located just west of the main docks and can

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handle about 1,000 cars. Here the railroad switches cargo to and from the four railways which serve Mobile.

Marginal tracks running along the docks provide immediate dockside linkage and the speed and efficiency of the railroad saves shippers considerable time and money.

Experienced operators of the railroad keep up to date with new shipping methods, enabling the railroad of the docks to work with the many innovations in the shipping field.

In addition to its 12 diesel locomotives, the railroad operates four 40-ton diesel electric locomotive cranes with 65-foot and 85-foot booms. All can be equipped with hooks, clamshell buckets or electromagnets.

BULK MATERIAL HANDLING PLANT The Bulk Material Handling Plant of the Alabama State Docks mades it possible for Alabama industries to receive their essential bulk commodities in shipload lots. The plant has contributed substantially to the growth of Alabama's heavy industries during its 45 year history. A survey by the Birmingham Chamber of Commerce indicated that as a result of imported iron ore flowing through the facility some 28,000 jobs exist in the primary metals industry of that giant steel making center alone. The Bulk Material Handling Plant is the focal point for all types of bulk cargo and its activities include the handling of rail cars and barges, loading and unloading of giant ocean-going ore carriers, and open storage of unloaded materials. The plant currently handles the tremendous amounts of Alabama coal for export which will be transferred to the McDuffie Terminals when this facility has been completed.

The Bulk Material Handling Plant handled 5,800, 131 tons of bulk materials during the year. These shiploads of coal bauxite, coke, iron ore and other bulk commodities provided jobs for Alabamians not only in Mobile but also throughout the state.

MCDUFFIE TERMINALS The new multi-million dollar bulk handling plant on McDuffie Island, whose construction began with "ground breaking" by Governor George C. Wallace on February 7, 1972, will enable the docks to handle 17 million tons of bulk cargo an nually.

The strategically located island at the southern end of the Mobile Harbor has direct waterway linkage with the Alabama and WarriorTombigbee Rivers through which the coal-laden barges from Alabama's coal fields come.

With completion of the Tennessee-Tombigbee Waterway link, dock officials estimate that large volumes of the coal from the fields of Alabama, Tennessee and Kentucky will come down to Alabama's Port of Mobile on barges to be shipped to foreign buyers.

The new plant is designed for the fast, efficient transfer of coal from barges and rail cars to storage or directly to ocean vessels. Its

INTERIM COMMITTEE REPORTS

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storage area is capable of handling approximately 350,000 tons and vessels can be loaded at the rate of up to 4,000 tons per hour.

Featuring the latest in equipment, the facility provides for unload ing of barges by use of continuous ladder buckets. Coal can be unloaded from barge to storage areas, or directly to waiting vessels. Provisions are made for fleeting and switching of the barges. Rail mounted stackerreclaimers remove the coal from the storage pads to fast moving con veyors for rapid loading of waiting vessels.

A modern rail car dump is incorporated in the McDuffie facilities, providing for fast turn-around of individual rail cars and the handling of unit trains.

Because of the efficiency and speed of the new plant, ship, barge and rail demurrage on bulk materials can be virtually eliminated.

The Port of Mobile is taking all necessary steps to make sure that its new McDuffie Terminals bulk handling plant is fully capable of meeting all export requirements.

Facilities at the Bulk Material Handling Plant include:
Four unloading towers, which can unload 2,200 tons per hour.
A modern bulk loader.
Two parallel conveyor systems, both reversible, which transfer ore to car loading surge bins, and which can load 2,000 tons an hour to rail cars.
An open storage area immediately behind the unloading towers for accom modating 300,000 tons of ore.
A 100-by-500 foot covered warehouse with space for 16,000 tons of bulk fish meal or other cargoes, with crusher, screens and scales.
A tipple, or rotary car dumper, which tips over rail cars loading with export cargo and empties the cargo into conveyor belts that move it to the shiploader, which, in turn, pours the cargo into the holds of the waiting ship.
For self-unloading vessels, the plant has special conveyor systems to meet their needs.
PUBLIC GRAIN ELEVATOR The public grain elevator of the Alabama State Docks plays an important role in the agricultural development of the entire state, since it is the gateway to world markets for Alabama farm products. The grain elevator is really two elevators, one for whole grains, and the other for meal type products. It is from this facility that ships are loaded for foreign markets.
This past year the public grain elevator handled 45,697,535 bushels of grain products. The largest part of this movement was soybeans, followed by corn and

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JOURNAL OF THE HOUSE,

wheat. This grain was transported to Mobile by 9,019 railroad cars, 4,059 trucks and 417 large river barges.

The department's meal export elevator at Mobile is situated adjacent to the grain elevator. This facility is used to handle soybean meals and similar products. During the fiscal year just ended, some 560,442 tons of soybean meal, peanut meal, cotton seed meal and similar products were exported through the facility. Thirty barges and 9,248 rail cars were used to bring these products to Mobile.

INTERNATIONAL TRADE CENTER The International Trade Center at the Port of Mobile symbolizes the center of maritime activity. Consuls representing twenty-six foreign countries are honored by the raising of their country's flageach morning on the plaza of the International Trade Center. The multi-colored flags of these countries flying before the International Trade Center are a beauti ful sight.

Still an infant, only a few years old, the International Trade Center serves its purpose well, bringing together the members of the maritime industry with its customers, promoting world trade through the Port of Mobile, strengthening bonds of commerce and cultural education which link Alabama to the trading nations of the world.

The beautiful four-floor Trade Center promotes world trade through foreign exhibits and establishes more direct lines of communication between Alabama and the free nations of the world.

LOADING EQUIPMENT Loading equipment at the docks covers a wide range and includes:
A stationary crane for heavy lifts, rated at 75 tons. Floating cranes with extra long booms. Locomotive cranes with capacity up to 40 tons. A unique 50-ton gantry crane, mounted on rubber tires for extra mobility. Truck cranes and fork lifts.
Lift trucks with special equipment, such as squeezers for cotton, circular clamps for paper rolls, barrels and drums.
"Payloaders" with scoop equipment.
Electric belt and roller conveyors.

CONTAINERPORT OF MOBILE The Port of Mobile is a containership port, offering:
Full containership services on a ten day turn around between Mobile and San Juan, Puerto Rico.
Bi-weekly container service to and from Europe.
Monthly srevice to Caribbean, Central and South American ports.
Monthly service to Africa.
Monthly service to Far East.

INTERIM COMMITTEE REPORTS

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All type of containers are handled at the Port of Mobile including van types for general cargo, refrigerated containers for frozen poultry, eggs and meats, open tops for machinery and flats for lumber, iron and steel.

NEW ORLEANS

The Port of New Orleans is now recognized as the world's third largest, in the volume of waterborne commerce, and the nation's second largest both in volume as well as in the value of its foreign trade.

Waterborne commerce, according to tabulations of the U. S. Army Corps of Engineers, now totals 126 million tons a year at the Port of New Orleans.

The value of the port's foreign commerce is now about $4.6 billion a year. The port has been the nation's second largest in foreign commerce value since the end of World War II.

Although the Port of New Orleans, for many years, has been proud of serving as a general cargo port, the rapid growth of intermodal concepts in the handling of various commodities which move in foreign commerce, has brought about a ready adaptation of public port facilities to new modes of cargo handling.

Containerization in the various sizes of box-like units, as well as in barges and other units, have had pronounced effects upon the port's construction pro grams. Today, many new facilities are available for both the handling and storage of containers, barges, crated and otherwise unitized parcels of cargo. Additionally, huge acreages of hinterland have been hard-surfaced and fenced for the safe storage of containerized cargo and a wealth of fleeting acreage for LASH, SEABEE and conventional type barges have been acquired and have been equipped with the necessary pile clusters for the fleeting, stuffing and un loading of barges of all types. All such areas are within ready access to the mother ships and other deep draft vessels that are served by the barges.

Several of the seven trunkline railroads serving the port operate intermodal type yards that are equipped for rapid movement of containers and trailers on and off railroad flat cars.

Additionally, private stevedoring firms have added newly built barge-mounted and shore-based cranes for the handling of both containers and heavy-lift type parcels wherever needed in the public port areas. Mechanical capacity for heavylift at any point in the harbor is 600 tons.

Numerous barge-mounted units having lesser capacities also operate wher ever needed in the harbor. No cargo, regardless of its size or shape, is beyond the mechanical handling capacity of human knowledge of the port. New Orleans is famous throughout the world for its material-handling ability.

Bulk liquids and solids find a number of private and public terminals here, and full cargo bulk carriers are readily handled with a minimum of delay in the movement of ships to and from berths.

The Port of New Orleans has the only Foreign Trade Zone on the U.S. Gulf

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JOURNAL OF THE HOUSE,

Coast. Here, imported goods pay no customs duties until withdrawn for consump tion within the United States. While in the zone, goods may be sorted, mixed, manipulated, manufactured, displayed, labeled and packaged.

The port's public bulk terminal now moves over two million tons of dry bulk commodities annually. There are two grain elevators within the harbor limits and six others within the immediate port area. Collectively, these eight transit type elevators move close to half of the nation's total grain exports. There is a bulk meal facility, a public sacking plant, a banana terminal and an adjacent-todockside cold storage warehouse. More and better ro-ro cargo facilities and a passenger ship dock also are planned.

Almost 5,000 deep draft vessels call at New Orleans facilities each year. Most of these make New Orleans their last port-of-call on the U.S. Gulf Coast compared to the port's nearest rival, while first port-of-call arrivals are roughly 50 percent greater than at any other Gulf port.

Because the port has some 100 public ship berths, having a total deep water frontage of over 11 miles, the number of ships waiting for a berth is held to a minimum.

The port's trade with Japan and West Germany is greater than with any other nations in the world, and Europe is the port's principal market area, both in value and weight of cargoes exchanged. Grain and machinery are the chief exports. Coffee and sugar are the chief imports according to value, and iron and steel are the principal imports according to weight. Exports exceed imports at a ratio of about two to one.

Fulltime trade development offices are maintained throughout the world, to help serve the needs of port customers. These offices are located in Tokyo, Brus sels, Panama City, London, Melbourne, Hong Kong, New York, Chicago, St. Louis and New Orleans.

These offices afford shippers a wealth of ready information and assistance in any proposed movement of cargo involving the port and its immediate environs.

A port's public facilities are not, in themselves, sufficient to justify shipper confidence. The Port of New Orleans has the services of many service companies in the country. These include freight forwarders, customs brokers, marine insur ance firms, bankers, stevedores, rail car, truck and barge loaders and unloaders, export packers, weighers, samplers, inspection laboratories, draymen, warehouse men (both bonded and cold storage), container leasing, sales and service firms and many others.

Scores of shipyards afford new construction of vessels up to tanker class, and ship repair and modification for vessels of all sizes and types. An ever-grow ing number of water-oriented industries offer ready markets for both raw ma terials and semi-finished and finished products of all kinds.
Because of its comparatively mild climate, New Orleans is open to traffic throughout the year, with no ice menace and very little flood danger. Man-made spillways upriver from the port serve as safety valves when the Mississippi be-

INTERIM COMMITTEE REPORTS

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comes swollen during rainy seasons. Throughout the river portion of the harbor, deep water averages almost a half-mile in width and a depth matching or exceed ing the 40-foot project depth at the river's mouth. Adjacent man-made canals afford adequate dimensions for perhaps 95 percent of the world's deep draft ships.

ECONOMIC VALUE. The Port of New Orleans is, physically as well as in the value and volume of its commerce, the largest port on the U.S. Gulf Coast. It is also the nation's second port in total waterborne commerce and in the value of its foreign commerce. In waterborne commerce volume it is third largest in the world, and in the handling of many commodities and classes of commodities, it is the nation's largest and in several important instances (as in grain exports) is the world's largest.
The port, which is operated by an agency of the State of Louisiana, is the state's largest single industry, with an estimated 37,000 persons directly engaged in fulltime occupations generated by the port. Some 800 employees, almost all of who are members of the state's civil service system, are engaged in carrying out the functions of the port authority, officially known as the Board of Commis sioners of the Port of New Orleans.

In all, there are more than 25 miles of public, private and military facilities located on three waterways, the Mississippi River, the Mississippi River-Gulf Outlet (also known as the Gulf Seaway) and the board's wholly owned Industrial Canal. Minimum depth of these waters is 30 feet and the maximum is about 200 feet. Access to all riverfront wharves is maintained to 40 feet, the same as the project depth of the river's Southwest Pass at its entrance into the Gulf of Mexico.
The chain of economic events that takes place after cargo comes ashore at New Orleans results in over $7 million a year in taxes for the city; approximately $20 million in taxes for the State of Louisiana; more than $250 million in portrelated income, and a total economic impact on Louisiana of about $2 billion a year. On an average working day, the port brings in almost a million dollars in new money, into the community's economy. The port handles about 80 percent of Louisiana's exports of manufactured goods and 50 percent of the state's agricul tural exports, in addition to the millions of tons, worth many millions of dollars, of goods moving in transit far beyond Louisiana's limits. Some 50,000 agricultural and manufacturing workers in Louisiana benefit from the port's operations.

BOARD OF COMMISSIONERS. The Board of Commissioners of the Port of New Orleans (known locally as the Dock Board) sets all policies and makes all major decisions for the port. Its members meet regularly and carry out numerous duties. The Board's decisions are carried out by the director of the port, a paid executive. Under him are various departments and approximately 800 employees. Currently he supervises the spending of about a million dollars a month for maintenance, repairs and construction of new facilities. The port authority acts as the state's guardian of port facilities and does not handle cargo or compete with private industry.
The port commissioners are not salaried, serve five-year, staggered terms, and are appointed by the governor of Louisiana from among nominees selected by seven local business and civic organizations. These nominating groups, all non-political, are: the New Orleans Steamship Association, New Orleans Board

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JOURNAL OF THE HOUSE,

of Trade, Chamber of Commerce of the New Orleans Area, Banking and Clearing House Association, New Orleans Cotton Exchange, International House and the West Bank Council of the Chamber of Commerce.

CONTAINER FACILITIES. The principal new container facilities at the Port of New Orleans are at France Road Container Terminal on the port's Industrial Canal. The first berth, with a frontage of 830 feet on the canal's west bank, is equipped with two Paceco container cranes and a wealth of other equipment and structures. It is under long-term lease to Sea-Land Service, Inc.

The berth has the capacity to handle a million tons of containerized cargo per year and is now fully operational with a fulltime work force of over 100 and an additional 20 employed when a ship is working.

The port commission, along with Sea-Land, have spent over 10 million on the terminal. The site is at a point where the canal is joined to the 36-foot-deep Gulf Seaway, which is 76 miles from the Gulf of Mexico. The wharf is 147 feet wide and has 45-foot ramps at both ends. The container cranes have lifting capacities of at least 30 tons and can work an average of over 25 containers an hour each.

The berth has a total area of 33 acres and is equipped with a consolidation shed, two-story office building, garage and maintenance building, gate house and two scales. Over 1,000 spaces are provided for 35-foot containers; nearly half of these spaces can handle the larger 40-foot containers. The wharf can sustain weight loads up to 750 pounds per square foot. Adequate lighting provides for round-the-clock operations throughout the terminal area.

Heavy duty roads connect the terminal with the interstate highway system via 1-10. New Orleans Public Belt railroad tracks connect the terminal with seven major trunkline which serve New Orleans.

A second berth, equipped with a new Paceco crane, and having dimensions and marshalling areas similar to the first berth, is to be ready for use this year. To be designated Berth Five, the new segment is to be made available to various steamship lines, preferably needing full-container facilities.

Berth Five will afford the same truck and rail access as the first berth. Both berths, as well as up to seven more which may be built on the same site in the future, have ready deep water access to ship repair and maintenance firms nearby, as well as ready availability to barge operations.

The new crane on Berth Five is owned by Container Lift International and will be made available to ships using the facility.

OTHER CONTAINER FACILITIES. Elsewhere in the port, specifically in the Mississippi River, containers in growing numbers are steadily being handled at New Orleans by almost every steamship line operating in the port. The port handled 41 percent more containers in 1973 than it did in 1972. Containers are handled at a monthly rate that produces a yearly total of some 65,000 units (or 94,000 24-foot equivalents-).

INTERIM COMMITTEE REPORTS

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The huge Henry Clay-Nashville Avenue Wharf complex is the port's largest and most modern riverfront facility for handling containers. Marshalling areas lie at each end of the 3,500-foot wharf, which offers crane-rail foundations, wide shipside aprons and a large open berth.
The 3,100-foot Napoleon Avenue Wharf features the port's widest apron (108 feet at one berth), adjoining concrete marshalling fields, crane-rail founda tions, and an open berth. This facility is utilized for a substantial amount of container traffic. Additional container marshalling space is available and is being utilized at several other wharves. Numerous other wharves in this 85-berth port have limited capacity for container handling.
BARGE-CARRYING SHIPS. The Port of New Orleans is both the birth place of the LASH and SEABEE concepts of barge-carrying ships and the world's center for operations by these ships. The LASH concept was invented by the New Orleans marine architectural firm of Friede and Goldman and the SEABEE was exclusively conceived, designed and built for and by Lykes Bros. Steamship Co. Inc., headquartered in New Orleans.

About four-fifths of all of the world's vessels of these two types operate in and out of New Orleans on trade routes extending to most parts of the world. Lines presently operating or owning LASH ships, or LASH vessels nearing opera tion are Central Gulf Lines--the pioneer line, home based here; Delta Steamship Lines Inc., home based here; Combi Line, Europe based with New Orleans as its principal U.S. terminus and represented by Biehl and Co. Inc., and Waterman Steamship Corp., headquartered on the U.S. Gulf with is first three LASH ships nearing completion at Avondale Shipyards here. Lykes SEABEE operations, along with Lykes' other shipping operations, are headquartered here.
The Milan Street Wharf, completed last year on the site of Illinois Central Gulf Railroad's old Stuyvesant Docks on the Mississippi and purchased by the Board of Commissioners is immediately downstream from the recently built Napoleon Avenue Open Wharf. The 1,265-foot wharf, with its column-free shed and railroad approaches, cost $6 million and represents the port's completion of the first part of the job of replacing the old docks which extend almost a mile long on the east bank of the riverfront from Napoleon Avenue to Louisiana Avenue.

Milan's capacity is estimated at 650,000 tons of cargo per year. Delta Steam ship Lines has been preferentially assigned to Milan Street Wharf. Construction of additional new ship berths on the same former rail rock site is proceeding.
Private industry in the area, meanwhile, has been almost equally active in building new facilities. Illinois Central Gulf, for example, has completed the first and major portion of its own new intermodal exchange, on backup land adjacent to the Milan Street property and fronting on Napoleon Avenue. The exchange provides for rapid loading and unloading of railroad flatcars, as well as for the ready storage of containerized shipments near dockside.

Sears' international operations from its headquarters in the port's Foreign Trade Zone No. 2, are being expanded through construction of an addition to its present building. Private warehousing in the area under lease to Sears and other firms, also is being modernized. A new two-story office building and plywood

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JOURNAL OF THE HOUSE,

storage structure also is being erected nearby--all for use in world trade opera tions connected to the port.

The port also ha?, an abundance of new floating derricks--all privately oper ated--for ship and wharfside loading and unloading of containers and for loading and unloading LASH and SEABEE barges.

TRADE DEVELOPMENT. One of the primary functions of the Board of Commissioners of the Port of New Orleans is the promotion and development of foreign and domestic trade through the Port of New Orleans. The Board's ten field offices provide worldwide coverage and bring a full range of trade develop ment services to exporters, importers, steamship companies, freight forwarders, customhouse brokers and other port related industries.

The economic advantages of the port, such as its efficiency, its complete range of services, its great size, frequency of sailings and first and last port of call visits for many vessels, service to eleven of the essential U.S. foreign trade routes, year-round navigation, low pilferage rate and direct access to a vast inland water, rail and highway transportation system, are well known to shippers and potential shippers. These users of the port are supplied with rates, routing in formation and personal attention to their shipments.

GRAIN An end-of-the-year surge in grain exports at the Port of New Orleans saw early estimates for calendar 1973 fall short of a record total of 318,014,000 bushels. The official total was six percent over the preceding year's total of 300,636,000 and three million bushels ahead of advance estimates.

Corn was the leading grain export, with a year's total of 208,184,000 bushels --a figure 35 percent ahead of the previous year's 153,933,000 bushels.

Second was soybeans, with a 1973 total of 72,846,000 bushels, representing a 12 percent gain over the 1972 total of 65,157,000 bushels. Wheat was third with a total of 36,495,000 bushels.
Tabulations include grain exports through two elevators in the immediate harbor--Continental Grain and Public Grain Elevator--and are based on data supplied by the New Orleans Board of Trade. Grain exports through six other elevators on the Mississippi in the immediate area are not included in these figures.

Russia was the leading customer, buying a total of 65,268,000 bushels; fol lowed by Japan, with a total of 62,626,000 bushels. Corn and soybeans were the leading grains purchased by both. Other exporting nations, in order of purchases, were the Netherlands, 30,023,000 bushels; West Germany, 21,118,000; People's Republic of China, 18,544,000; Italy 16,737,000 and Taiwan, 12,298,000.

Some 30 other nations purchased a million or more bushels during the year.

BULK MEAL A bulk meal handling facility--the only one of its kind in the New Orleans port area-- is operated by Dockside Commodity Terminals, Inc., at wharves 7 and 8 of the Illinois Central Stuyvesant docks.

The facility allows for the unloading of any type railroad cars or barges,

INTERIM COMMITTEE REPORTS

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automatic weighing and loading directly into the holds of ships at wharfside--all in one operation--with a design capacity in excess of 2,400 tons per 8-hour work ing day.

FOREIGN-TRADE ZONE #2 The zone is a specialized facility of the port which permits the processing of storing of foreign and domestic goods without payment of custom duties and without application of certain other regulations normally applying to customs entries.

The main zone, located on an 18.6 acre tract of land immediately back of the newly-modernized Napoleon Avenue Wharf, is a heavy employer of domestic labor in the processing of lumber and wood products. Foreign car imports and then handling of household effects figure high in the total operations.

Customs inspectors, customs enforcement officers, and representatives of the Board of Commissioners are stationed in the zone.

FIREBOATS The Board of Commissioners of the Port of New Orleans owns and operates two fireboats for the protection of the port area.

These vessels are manned by a force of 50 men trained to handle shipboard fires, first aid, oil pollution, rescue and various emergencies that occur within the harbor. The fireboats maintain close liaison with the city fire department and the Coast Guard.

The Harbor Police operate a two-man patrol boat, which is also equipped with a fire pump. The sounding boat operated by the Board of Commissioners, is also equipped with pump and nozzle for emergency fire use.

The presence of the port's fireboats, and their efficiency, bring about lower fire insurance rates for the entire area.

IMPORT MEAT INSPECTION Because the volume of imported meat ship ments through the Port of New Orleans has increased considerably'in recent months, a new $100,000 meat inspection facility has been built and put in opera tion here.

New Orleans Inspection Services, Inc., a subsidiary of New Orleans Cold Storage and Warehouse Co. Ltd., has been formed and a 2,400 square-foot en closed area has been built and supplied specifically for inspection of the imported meats by U.S. Department of Agriculture men.

PASSENGER TERMINAL Firm agreements have been made with three cruise lines to initiate service from the port. Part of the Poydras Street Wharf has been leased to International Rivercenter for the construction of a modern passenger terminal, estimated to cost over a million dollars. The Board is provid ing interim passenger terminal facilities costing $83,000 needed to accommodate the arrival of the first cruise ship which arrived September, 1974.

During the committee's on-site inspection of the port, a large passenger liner was dockside and passenger service at New Orleans has apparently gotten off to a good start.

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NEW ORLEANS DOCK COMMISSION The Dock Commission is not a terminal operation; they are a lessor of facilities. They lease berths and terminal facilities to stevedores and steamship lines who perform the physical operations. This differs from the Georgia Port Authority, in that the Georgia Port Authority operates their terminal facilities themselves which some believe results in more utilization of facilities. The Georgia Port Authority assigns the various ships to the berths desired for their use and in New Orleans berths are set aside for spe cific lines and these berths can be idle when another line needs them. Some author ities believe a port which performs its own operation can gross more revenue than a port that leases its facilities.

TARIFFS
HARBOR LIMITS The harbor limits are extended throughout the Parishes of Orleans, Jefferson and St. Bernard.

DOCKAGE At the port of New Orleans dockage is a charge against the vessel for the use of public wharves or mooring facilities and is based upon the length of the vessel.

Dockage begins on the day the vessel arrives at a public wharf.

CHARGES The following basic charges per day are applicable:

Vessel Length Over-all in Feet

Over Not Over

0

225

225

250

250

275

275

300

300

325

325

350

350

375

375

400

400

425

425

450

450

475

475

500

500

525

525

550

550

575

575

600

600

625

625

650

650

675

675

700

700

725

725

750

750

Over

COLUMN 1 Regular Dockage
$ 24.00 39.00 67.00 86.00
104.00 130.00 146.00 160.00 191.00 231.00 275.00 33'5.00 374.00 408.00 493.00 570.00 656.00 731.00 852.00
909.00 1,027.00 1,066.00 1,208.00

COLUMN 2 Sheddage and or
Marginal Track
$ 22.00 35.00 60.00 77.00 93.00 117.00 131.00 144.00 173.00
208.00 247.00 301.00 336.00 367.00 444.00 513.00 590.00 658.00 767.00
817.00 925.00 959.00 1,087.00

COLUMN 3 Industrial
Canal Dockage
$ 7.00 12.00 20.00 25.00 31.00 39.00 44.00 48.00 58.00 69.00 83.00
100.00 112.00 122.00 148.00 171.00 197.00 220.00 255.00
273.00 308.00 320.00 362.00

COLUMN 4 Bulk
Terminal Dockage
$ 22.00 35.00 60.00 77.00 93.00 117.00 131.00
144.00 173.00 208.00 247.00 301.00 336.00 367.00 444.00 513.00 590.00 658.00 767.00
817.00 925.00 959.00 1,087.00

COLUMN 5 Special Dockage
$ 15.00 23.00 40.00 52.00 62.00 77.00 87.00 95.00 115.00
139.00 166.00 200.00 224.00 245.00 296.00 342.00 393.00 438.00 512.00
545.00 616.00 636.00 725.00

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1. The committee has determined that competition for business among the various ports is extremely keen and notwithstanding the fact our own Georgia ports are State owned facilities, the competition for business is as competitive as any known in private enterprise and consequently the committee recommends that studies and suggestions be made by the Georgia Port Authority of means by which our port systems can react quickly and expeditiously to the many business chal lenges presented to our port's operation, which is vitally important to the indus trial socio-economic development of our State. One of the outstanding problems at the present time is the lack of ability or legal authority to react swiftly when opportunities present themselves because of the time consuming procedure now in force required to capitalize needed and competitive facilities.

2. The committee noted with interest that the State of Louisiana has an edu cational program designed to inform school children, civic groups, etc., of the importance, value and economic impact of the ports on the citizens of the state beginning with the plowing and cultivation of the farmer's land down to the final product or its final application.

3. The committee strongly recommends that a film be prepared by the Geor gia Ports Authority which depicts the importance of our ports as related to the average citizen as well as our industrial-business community.

4. The committee urges that all avenues be thoroughly studied as to the possible increased participation in our port activities by private enterprise as opposed to State operation.

5. The committee strongly recommends that the feasibility of financing by private enterprises of deep water off-shore port docking facilities and related factors for petroleum products be studied in the event that a deep water port is approved off the shore of Georgia.

6. The committee recommends that a feasibility study be initiated in regard to the possible construction of a Trade Center similar to the one mentioned in our Mobile inspection.

7. The committee noticed that container shipping through our Georgia ports has approximately doubled in 1974 over the 1973 figure, but urges developing new tonnage and major commodities not presently moving through Georgia ports to the limit of our facilities.

8. The committee urges a continued advertising campaign in key world areas to attract more shippers to use existing State facilities.

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Finally, the committee wishes to thank Mr. Robert Tharpe, Chairman of the Georgia Ports Authority and members, and also Mr. J. D. Holt, Executive Director of the Georgia Ports and staff, for their splendid cooperation and interest in our inspection of port facilities and their total dedication towards developing and maintaining our Georgia ports so we may achieve our rightful place in interna tional trade resulting in socio-economic benefits for the citizens of Georgia and the southeastern United States.

Respectfully submitted,
/s/ Ottis Sweat, Jr. Representative, 125th District
/s/ Earl T. Davis Representative, 85th District
/s/ Paul E. Nessmith, Sr. Representative, 76th District
/s/ Robert T. Willis Representative, 119th District

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The General Assembly State Capitol Atlanta

TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED CITIZENS

REPORT OF THE TOXOPLASMOSIS STUDY COMMITTEE

THE COMMITTEE

Honorable Arthur M. Gignilliat Representative, 105th District
Chairman Honorable Morriss W. Elliss Representative, 107th District Honorable Jack Irvin Representative, 10th District Honorable Bobby A. Wheeler Representative, 127th District Honorable Jack A. Wheeler Representative, 13th District

November 1974

INTRODUCTION

The Toxoplasmosis Study Committee was created pursuant to HR 793 adopted by the 1974 session of the General Assembly of Georgia. Under the provisions of HR 793 the Committee was to be composed of five members of the House of Representatives appointed by the Speaker. The Committee was charged with studying the toxoplasmosis disease and determining methods of detection and treatment of the disease which might reduce its incidence among the population of the State of Georgia.

WORK OF THE COMMITTEE

The Committee held five meetings at the State Capitol during 1974, one each during the months of July, August, September, October and November. Testimony was requested from the general public and from the various departments of State government whose responsibilities include the detection, treatment and research into the control of diseases, including the Georgia Department of Agriculture and Georgia Department of Human Resources. The Committee inquired into the state of medical knowledge concerning the toxoplasmosis disease, the several effects of the disease upon human beings, the amount of research currently being conducted upon the incidence of toxoplasmosis in Georgia, and the various alternatives by which the State could address itself to the detection and treatment of the disease. Individual members of the medical profession in private practice were contacted by members of the Committee concerning participation by that profession in pilot programs of disease detection. In all of these efforts, the Committee is particularly indebted to the contributions of Mrs. J. Ferris Cann, Jr. of Savannah; Ms. Ann

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Forster of the Georgia Department of Agriculture and Dr. R. Keith Sikes of the Division of Physical Health of the Georgia Department of Human Resources.

FINDINGS
Toxoplasmosis is a systemic protozoan disease of man and animals and is distributed throughout the world. The organism, Toxoplasma gondii, which causes the disease, was first discovered in 1908 and human cases were first reported in 1923. During the 1930's toxoplasmosis was first described in infants and it was discovered that the disease could invade the fetus in the uterus, causing encephali tis. Since that time, the congenital disease has been associated with one or more of the following birth defects: chorioretinitis (inflammation of the retina), cere bral calcifications, microcephaly (abnormal smallness of the head), hydrocephaly (enlargement of the skull due to fluid) and seizure disorders.
Acquired toxoplasmosis can mimic a viral syndrome with lymphadenopathy (abnormal enlargement of the lymph glands), or in its more severe forms, in fectious mononucleosis, viral pericarditis (inflammation of the membrane sur rounding the heart), or one of the rickettsial spotted fevers. T. gondii can cause chorioretinitis in the absence of other signs and symptoms.
The vast majority of Toxoplasma infections are undiagnosed. Surveys have established that up to a third of the population in some areas of the United States have antibodies to T. gondii. Since toxoplasmosis is not a reportable disease in the United States, the National Center for Disease Control (NCDC) is unaware of the number of cases of toxoplasmosis actually diagnosed in the United States. How ever, 392 people of 1107 examined by the Parasitology Laboratory in the Georgia Department of Human Resources had seropositive reactions in 1973; of those, 135 had a significant reaction. The actual incidence of toxoplasmosis in these persons remains unknown.
Deaths from acquired as well as congenital toxoplasmosis have been reported. In congenital disease, deaths usually result from complications associated with hydrocephaly, microcephaly, and severe mental and motor retardation. Death from acquired toxoplasmosis has occurred in immune-suppressed patients, pa tients with clinical illness simulating rickettsial disease, or in laboratory workers accidentally innoculated.
Transmission of toxoplasmosis to humans occurs in three ways:
(1) Transplacentally.
(2) Through consumption of raw or partly cooked meat infected with T. gondii; and
(3) Possibly, from exposure to feces of infected cats.
T. gondii infection of a woman during pregnancy exposes her unborn child to the risk of intrauterine infection. The rate of fetal infection, but not the rate of symptomatic infection, increases as the pregnancy progresses.

Estimates of the frequency of congenital infection in the United States have

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ranged from 1:486 births to fewer than 1:5,000. However, only one-eighth to onethird of congenitally infected infants have detectable clinical abnormalities at the time of birth. Available data are too limited to answer the question of what happens to infants who have serologic evidence of intra-uterine T. gondii infec tion and appear normal at birth.

T. gondii infects several species of animals in the United States. Serologic evidence has indicated that 14 to 43% of domestic animals (dogs, cats, cattle, goats, sheep, swine) had evidence of Toxoplasma autibodies. The potential for transmission by meat clearly exists; however, this risk cannot be clearly defined because there is inadequate information on the proportion of meat products con taining viable organisms. The potential for infection is decreased by food prep aration and storage. Heating to 50C (133F) for 20 minutes, or freezing at -- 14C (5F) for 24 hours renders the organisms non-viable. Recent studies have also implicated cats in the transmission of toxoplasmosis to other animals and humans.

Although toxoplasmosis has been recognized for many years, it is difficult to diagnose. Consequently, the results of serologic determinations are the most frequently used criteria for diagnosis. The serologic tests used for diagnosing toxo plasmosis are: the Sabin-Peldman dye test, complement-fixation test (CP), in direct fluorescent anti-body test (IFA) and indirect hemagglutination test (IHA). IFA test titers are comparable to those obtained with the dye test which uses live organisms. Because of its relative ease of performance, safety, and economy, the IFA test is the most widely used serologic procedure.

There have been no controlled studies to establish the efficacy of drug therapy for toxoplasmosis. The agents most commonly used, however, on an em piric basis are pyrimethamine and sulfadiazine. Unfortunately, the side effects from pyrimethanine include teratogenicity (production of deformed fetuses) and hematologic (blood) complications. The new drug, spiromycin, has been used successfully recently in the treatment of the fetus in pregnant women.

If seroconversion or a rise in titer is documented in the first trimester of pregnancy, therapuetic abortion is an alternative that must be considered. The limited information available from study of children born to mothers who seroconverted during pregnancy show that the risk of fetal infection is lowest during the first trimester. However, most of those infected at that time either had evi dence of congenital disease or died. This is in contrast to the results found later in pregnancy when the changes of fetal infection were greater, but less disease occurred among those infected. Since therapeutic abortion is increasingly danger ous during the last 6 months of pregnancy, the information gained from serologic testing in this period of gestation is only useful for physicians who would con sider drug therapy of the child in utero or immediately after birth.

More specific information concerning the incidence of toxoplasmosis among the residents of Georgia is unavailable. Likewise, no program of the state or fed eral government is currently involved in research into toxoplasmosis in this State.

RECOMMENDATIONS
1. The Committee strongly recommends that the Department of Human Re sources conduct a public information program to educate the medical profession,

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general public and, particularly, expectant mothers as to the recognition, dangers and treatment of toxoplasmosis. This program should include the dissemination of information directly to members of the medical profession and the preparation of an informative pamphlet aimed at expectant mothers which would be distributed to the offices of obstetricians, pediatricians, opthalmologists, optometrists and general practitioners.

2. The Committee strongly recommends that the Department of Human Re sources undertake a pilot program to determine the actual incidence of toxoplas mosis among the population of Georgia. The pilot program would provide for the taking of blood samples from expectant mothers in designated counties on three occasions during the pregnancy. The samples would be forwarded by the partici pating medical practitioner to the Parasitology laboratory of the Department of Human Resources in Atlanta where they would be examined and appropriate statistics would be compiled. Mothers with significant titers would be notified of the results and given appropriate medical advice through their physician con cerning steps to be taken to combat the effects of the disease. The counties selected for participation would reflect an equal sample of people from rural and urban counties. Funding for the program would be appropriated from the General Revenue Fund of the State.

3. The Committee recommends that the General Assembly adopt an appro priate resolution directing the active and immediate participation of the Depart ment of Human Resources in commencing the programs urged in Recommenda tions #1 and #2. A proposed resolution is included as Appendix 1 to the Com mittee report.

4. The Committee strongly recommends that a supplemental appropriation of $20,000 and a regular appropriation of $40,000 be appropriated to the Department of Human Resources to be used to employ appropriate personnel and purchase appropriate laboratory equipment for the testing program urged in Recommenda tion #2.
Respectfully submitted,
/s/ Arthur M. Gignilliat Representative, 105th District Chairman
/s/ Jack Irvin Representative, 10th District
/s/ Jack A. Wheeler Representative, 13th District
/s/ Morriss W. Ellis Representative, 107th District
/s/ Bobby A. Wheeler Representative, 127th District

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APPENDIX 1

A RESOLUTION

Directing the Department of Human Resources to participate in certain programs relating to the toxoplasmosis disease; and for other purposes.

WHEREAS, the Toxoplasmosis Study Committee of the Georgia House of Representatives has reported that the toxoplasmosis disease poses a serious problem to the health of many Georgians; and

WHEREAS, this danger is particularly acute in the case of chil dren whose mothers are exposed to the disease during pregnancy; and

WHEREAS, the disease has been found to be a cause of birth defects such as chorioretinitis, cerebral calcifications, microcephaly and hydrocephaly, as well as of encephalitis and rickettsial spotted fevers; and

WHEREAS, few members of the general public, and particularly expectant mothers, are aware of the possible dangers of toxoplasmosis; and

WHEREAS, additional research must be accomplished in order to determine the actual incidence of danger posed by the toxoplasmosis disease to the people of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that the Department of Human Resources is hereby directed to conduct a public information program to inform the medical profession, general public, and particularly, the expectant mother as to the recognition, dangers and treatment of toxoplasmosis. Such program should include the preparation and distribution of infor mation directly to members of the medical profession and to expectant mothers.

BE IT FURTHER RESOLVED that the Department of Human Resources is directed to initiate a pilot program to determine the actual incidence of toxoplasmosis among the population of Georgia. Such pilot program should provide for the taking of blood samples from expectant mothers for examination by the Department's Parasitology Laboratory. Counties selected as the pilot area should reflect an equal sample of rural and urban areas.